and all Indians
which should thereafter be sold by neighbouring Indians, or any others
trafficking with us, as slaves, should be slaves to all intents and
purposes [1682. c. 1.]. This act was re-enacted in the year 1705, and
afterwards in 1753 [1705 c. 49. 1753. c. 2.], nearly in the same terms.
In 1705 an act was made, authorising a free and open trade for all
persons, at all times, and at all places, with all Indians whatsoever
[1705 c. 52.]. On the authority of this act, the general court in April
term 1787 decided that no Indians brought into Virginia since the
passing thereof, nor their descendants, can be slaves in this
commonwealth.[12] In October 1778 the general assembly passed the first
act which occurs in our code for prohibiting the importation of slaves
[1778. c. 1.]; thereby declaring that no slave should thereafter be
brought into this commonwealth by land, or by water; and that every
slave imported contrary thereto, should upon such importation be free:
with an exception as to such as might belong to persons migrating from
the other states, or be claimed by descent, devise, or marriage, or be
at that time the actual property of any citizen of this commonwealth,
residing in any other of the United States, or belonging to travellers
making a transient stay, and carrying their slaves away with them.--In
1705 this act unfortunately underwent some alteration, by declaring that
slaves thereafter brought into this commonwealth, and kept therein one
whole _year together_, or so long at different times as shall _amount to
a year_, shall be free. By this means the difficulty of proving the
right to freedom will be not a little augmented: for the fact of the
first importation, where the right to freedom immediately ensued, might
have been always proved without difficulty; but where a slave is subject
to removal from place to place, and his right to freedom is postponed
for so long a time as a whole year, or perhaps several years, the
provisions in favour of liberty may be too easily evaded. The same act
declares that no persons shall thenceforth be slaves in this
commonwealth, except such as were so on the first day of that session
(Oct. 17th, 1785), and the descendants of the females of them. This act
was re-enacted in the revisal made in 1792 [See acts of 1794, c. 103.].
In 1793 an additional act passed, authorising and requiring any justice
of the peace having notice of the importation of any slaves, directly or