to the recited Act, which said Justice shall cause said person or persons so offending, to be whipped at the publick whipping post in said town, not exceeding fifteen stripes upon their naked backs, except their incorrigible behavior require more.  And all free negroes and free Indians to be under the same penalty, without a lawful excuse for their so being found walking in the streets after such unseasonable time of night.

“And be it further enacted, All and every house keeper, within said town or towns or Collony, that shall entertain men’s servants, either negroes or Indians, without leave of their masters or to whom they do belong, after said set time of the night before mentioned, and being convicted of the same before any one Justice of the Peace, he or they shall pay for each his defect five shillings in money, to be for the use of the poor in the town where the person lives; and if refused to be paid down, to be taken by distraint by a warrant to any one Constable, in said town; any Act to the contrary notwithstanding."[452]

It is rather remarkable that this Act should prohibit free Negroes and free Indians from walking the streets after nine o’clock.  In this particular this bill had no equal in any of the other colonies.  This act seemed to be aimed with remarkable precision at the Negroes as a class, both bond and free.  The influence of free Negroes upon the slaves had not been in harmony with the condition of the latter; and the above Act was intended as a reminder, in part, to free Negroes and Indians.  It went to show that there was but little meaning in the word “free,” when placed before a Negro’s name.  No such restriction could have been placed upon the personal rights of a white colonist; for, under the democratical government of the colony, a subject was greater than the government.  No law could stand that was inimical to his rights as a freeman.  But the free Negro had no remedy at law.  He was literally between two conditions, bondage and freedom.

Attention has been called to the fact, that the Act of 1652 was never enforced.  In April, 1708, an Act, laying an impost-tax upon slaves imported into the colony, was passed which really gave legal sanction to the slave-trade.[453] The following is the Act referred to:—­

“And it is further enacted by the authority aforesaid, that whereas, by an act of Assembly, in February last past, concerning the importing negroes, one article of said act, expressing that three pounds money shall be paid into the treasury for each negro imported into this colony; but upon exporting such negro in time limited in said act, said three pounds were to be drawn out of the treasury again by the importer: 

“It is hereby enacted, that said sum for the future, shall not be drawn out, but there continued for the use in said act expressed; any act to the contrary, notwithstanding."[454]

The Act referred to as having passed “in February