, shews it to have been
practised before that period. In 1723 an act was passed, prohibiting the
manumission of slaves, upon any pretence whatsoever, except for
meritorious services, to be adjudged, and allowed by the governor and
council [1723. c. 4.]. This clause was re-enacted in 1748, and continued
to be the law, until after the revolution was accomplished. The number
of manumissions under such restrictions must necessarily have been very
few. In May 1782 an act passed authorizing, generally, the manumission
of slaves, but requiring such as might be set free, not being of sound
mind or body, or being above the age of forty-five years, or males under
twenty-one, or females under eighteen, to be supported by the person
liberating them, or out of his estate [May 1782. c. 21.]. The act of
manumission may be performed either by will, or by deed, under the hand
and seal of the party, acknowledged by him, or proved by two witnesses
in the court of the county where he resides. There is reason to believe
that great numbers have been emancipated since the passing of this act.
By the census of 1791 it appears that the number of free Negroes,
mulattoes and Indians in Virginia, was then 12,866. It would be a large
allowance, to suppose that there were 1800 free Negroes and mulattoes in
Virginia when the act took effect; so that upwards of ten thousand must
have been indebted to it for their freedom.[18] The number of Indians
and their descendants in Virginia at present, is too small to require
particular notice. The progress of emancipation in Virginia, is at this
time continual, but not rapid; a second census will enable us to form a
better judgment of it than at present. The act passed in 1792 accords in
some degree with the Justinian code [1794. c. 103.], by providing that
slaves emancipated may be taken in execution to satisfy any debt
contracted by the person emancipating them, before such emancipation is
made.[19]

[Footnote 18: There are _more_ free Negroes and mulattoes in Virginia
alone, than are to be found in the four New-England states, and Vermont
in addition to them. The progress of emancipation in this state is
therefore much greater than our _Eastern_ brethren may at first suppose.
There are only 1087 free Negroes and mulattoes in the States of
New-York, New-Jersey and Pennsylvania, _more_, than in Virginia. Those
who take a subject in the gross, have little idea of the result of an
exact scrutiny. Out of 20,348