"The Federalist," which belonged to the general in his lifetime, in which he has designated, in his own hand-writing, the parts of that celebrated work written by himself, as well as those contributed by Mr. Jay and Mr. Madison. As it may not be uninteresting to many of your readers, I shall subjoin a copy of the general's memorandum for publication."

Nos. 2, 3, 4, 5, 54, Mr. Jay.

Nos. 10, 14, 37, to 48 inclusive, Mr. Madison.

Nos. 18, 19, 20, Mr. Hamilton, and Mr. Madison jointlyall the rest by Mr. Hamilton.'

Port Folio.

DELAWARE-S. C. SUSSEX, 1793.
COLLINS, ข. HALL.

A negro cannot be a witness in any case where the parties are whites. UPON the trial of this cause after several witnesses had been examined upon the part of the plaintiff, one Levin Thompson, was offered as a witness upon the same side. Bayardfor the defendant, objected that the witness being a negro, was rendered incompetent by the act of assembly, passed 3d February, 1787, the 8th sect. of which enacts "That no slave manumitted agreeably to the laws of this state, or made free in consequence of this act, or the issue of any such slave, shall be entitled to the privilege of voting at elections, or of being elected, or appointed to any office of trust or profit, or to give evidence against any white person, or to enjoy any other rights of a freeman, other than hold property, and to obtain redress in law and equity for any injury to his or her person, or property."

It was hereupon proved, upon the part of the plaintiff, that Thompson was a freeman, that his mother and grand-mother had been free, and that they had lived and that he came from the state of Maryland.

The counsel for the defendant contended that the witness was still incompetent. He said that slavery being permitted by the laws of the state, it was a necessary consequence that the condition of slaves should be discriminated from that of masters. A plain line was therefore drawn between them by the laws. Their interest and rights were different and frequently opposed; and it was, therefore, necessary to withhold from slaves some privileges which it was possible in many cases they might exercise without abuse, or perhaps to the advantage of society. He admitted there was nothing in a negro which naturally disqualified him from giving as credible and instructive evidence as a white person, but the law having bestowed unequal rights and favours upon the whites, had rendered them objects of jealousy and enmity to the blacks, and therefore, as long as the relation of master and slave was suffered to continue, it was sound and essential policy to communicate to the blacks no rights which might endanger the safety of the whites: that the low and degraded situation of slaves debased their minds, and weakened or effaced those principles which give credibility to the testimony of a witness. Slavery being the general condition of the negroes, and the connexions and society of free blacks, consisting principally of slaves, the same policy which would exclude slaves extends to free blacks. Upon such grounds was the 8th section of the act of 1787 made, which embraces, upon a fair construction, the case of this witness, though his mother and grand-mother were free, yet the presumption is, that he is the issue of a slave, as slavery was the universal state in which negroes were brought into this country. Though the witness became free by the laws of Maryland, yet he is within the spirit of the act, as there is the same reason for his exclusion, as that of those freed by the laws of this state. It would be absurd and contradictory in practice to admit a free negro of Maryland, and exclude one of Delaware.

Upon the other side it was argued by Vining for the plaintiff, that the law should be strictly construed as it was founded on an unjust and absurd principle.

The blacks are as competent by nature, and should not be rendered less so by law to give evidence than the whites. Becoming freemen the common rights of citizens should be extended to them; and especially there is no reason to withhold from them the right to give evidence.

The whites are the judges, and by admitting negroes as witnesses, without danger, we increase the means of information and justice. The court are to decide a question of law, not of policy; and the act of assembly does not reach the case of the present witness. It does not appear that he is the issue of a slave, or that if he is that he or his ancestors were freed by any law of this state.

Read, Ch. J. This witness is a negro, and it has always been the policy of the state to exclude negroes from the rights of citizenship, and from giving evidence where whites are concerned. There are several instances in which the situation and rights of negroes and mulattoes are rendered by the laws of the state different from those of whites.

By the act of assembly contained in the 1st volume of our laws, p. 72. the trial by jury even in capital cases is taken from them. P. 77. fornication between blacks and whites is more severely punished than between persons of the same colour. P. 307. a black cannot be appointed to inflict any corporal punishment upon a white. 4th article of the constitution gives a right to vote only to white freemen. The act of 1787 denies to negroes the privilege of voting at elections, of being chosen or appointed to any office of trust or profit, or giving evidence against any white person. There is no doubt, but this man must be taken to be the issue of a slave, and though he were made free by the laws of Maryland, he is clearly within the spirit of the act of 1787.

It would be absurd to suppose, that the legislature intended to discriminate the capacity of freed black men, according to the place from which they came; and that it would bestow rights on those emancipated by the laws of other states, which it denied to such as were freed by its own.

Robinson. J. of same opinion.

P. Cur. witness is incompetent and must be rejected.

THE MANNER OF EXECUTING DEEDS AND OTHER INSTRUMENTS OF WRITING IN PENNSYLVANIA.

THE chief justice and judges of the Supreme court, the president and associate judges of the court of Common Pleas, and the mayor and recorder of the city of Philadelphia, have power to take the acknowledgment, or probate of deeds, &c. for lands in any part of the state.

The aldermen of the city of Philadelphia, have power to take the acknowledgment and probate of deeds, &c. for lands lying within the city or county of Phi. ladelphia.

The justices of the peace of the several counties, have power to take the acknowledgment, '&c. of deeds for land lying within their respective counties.

If the wife of a grantor is a party, the judge or justice, &c. taking the acknowledgment, must examine her separate and apart from her husband, and shall read or otherwise make known to her the full contents of the deed, and on such separate examination, she is required to declare that she did voluntarily of her own free will and accord, seal and as her act and deed, deliver the same, all which must be certified under the hand and seal of the officer.

Two witnesses are usually required to subscribe their names to the execution, and delivery of every deed.

In all cases it is advisable that the grantor should acknowledge the deed, but if he be dead or cannot appear, it may be proved by the oath or affirmation of one or more of the witnesses, who were present at the execution thereof.

If the grantor and witnesses are dead, the hand writing of the latter may be proved by oath or affirmation, but when that proof cannot be had, then the hand writing of the grantor may be proved in like manner.

Deeds made out of the state, may be acknowledged by the grantors, or proved by one or more of the witnesses thereto, before any mayor, chief magistrate, or officer of the city, town, or place where executed, and certified under the common or public seal of such city, town, or place, the officer taking care to certify the private examination of the wife as aforesaid.

Bonds, specialities, letters of attorney, and other instruments of writing, require two or more witnesses, and if executed out of the state, must be proved by them before any mayor, chief magistrate, or officer of the city, town, or place where executed, and certified under the common or public seal of the said city, &c.

Letters of attorney for the sale of lands or other estates must expressly give power to sell and convey, in fee simple or otherwise, according to the nature of the estate intended to be conveyed, and may be acknowledged or proved out of the state, and certified as aforesaid, or acknowledged by the constituent or prov. ed by one of the witnesses, before a judge or justice of this state.

Sale of lands, &c. under power of attorney, must be made while the power is in force, and such power shall be accounted in force until the agent has notice of countermand, revocation or death of the constituent.

If the wife is a party to the power of attorney, she must acknowledge it in the same manner as a deed.

Assignment of bonds, and specialties, must be under hand and seal, and before two or more credible witnesses, who are required to subscribe their names as such.

THE

AMERICAN LAW JOURNAL.

ROYAL EDICT, OR CEDULA,

OF THE 31ST OF MAY, 1789,

For the Good Government and Protection of Slaves in the Spanish Colonies.

COMMUNICATED BY JAMES WORKMAN, ESQ.

IN the Laws of the Partidas, and the other codes of these kingdoms; in the compilation of the laws of the Indies, and in the general ordinances and particular orders communicated to my dominions in America since its discovery, the system of making slaves useful has been established, observed, and constantly followed, and every thing expedient provided for their instruction, treatment and employment, conformably to the principles and rules of religion, humanity and the welfare of the state: nevertheless, as it is not easy for all my subjects in America, who possess slaves, to be sufficiently instructed in all the dispositions of those various laws; and forasmuch as some abuses have been introduced by the owners and managers of slaves, therefore, in order to remedy those abuses, I have resolved that the following instructions shall be observed, until the promulgation of the new