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Negroe.** 1794. c. 163 The migration of free Negroes or mulattoes to this state is also prohibited; and those who do migrate hither may be sent back to the place from whence they came.†† 1794. c. 164. Any person, not being a Negroe, having one-fourth or more Negroe blood in him is deemed a mulattoe. The law makes no other distinction between Negroes and mulattoes, whether slaves or freemen. These incapacities and disabilities are evidently the fruit of the third species of slavery, of which it remains to speak; or, rather, they are scions from the same common stock: which is,
III. That condition in which one man is subject to be directed by another in all his actions; and this constitutes a state of domestic slavery; to which state all the incapacities and disabilities of civil slavery are incident, with the weight of other numerous calamities superadded thereto. And here it may be proper to make a short enquiry into the origin and foundation of domestic slavery in other countries, previous to its fatal introduction into this.
Slaves, says Justinian, are either born such or become so.‡‡ Inst. lib. 1. tit. 1. They are born slaves when they are children of bond women; and they become slaves, either