Appendix. 629

The first Provision in the Act makes it Felony in any Slave to
Consult advise Conspire or attempt to raise any Insurrection &c
With us no Attempt or Conspiracy is Felonious except only in
the Case of Imagining the King's death, & even that must be proved
by some overt act: And yet in the Government of Slaves who must be
perpetual Enemies to y^e County where they live, it may not be
unreasonable to Consider all their Capital Crimes in the Light of
High treason. In this however I submit to y^e Maryland Legislature.
Neither do I see any Objection in making slaves witnesses ag^t
each other, but think that is right.
The next Clause worthy of Consideration is that w^ch makes
rambling &c in the night riding Horses in the day time without
Leave & running away punishable at the discretion of the Magis-
trate with this restriction only that the punishment shall not extend
to death or to disable the Slave fro Labour.
I do not find any fault with this, for either you must Compile
a Body of Laws specifying every species of their inferiour offences
with y^e Punishment adapted to each, or you most leave the Cor-
rection of them to some Judge: & I think the Magistrate a much
fitter person to be intrusted than the Master.
The Next Clause is intended to Indemnify persons Lawfully
authorized to Apprehend slaves who shall kill any slave for refusing
to surrender or resisting & it says such person shall be indemnified
from any prosecution for the same. From w^ch words it is appre-
hended that y^e Killer in that case is to be privileged from Indictm^t
& trial: But I am clearly of Opinion that is not y^e meaning of the
Act, For how shall it Appear that y^e Killer was lawfully authorised
to Apprehend the Slave but by Evidence at the trial. For this
excuse under y^e Act of Assembly is not cognisable by any other
Court but that where the Criminal is Indicted, nor can it be pleaded
in Bar to the Indictment to w^ch there is but one Plea — Not Guilty.
If then upon the trial he proves his Case within the Act & is accord-
ingly acquitted, he is by that Judgement Indemnified from any
prosecustion for that offence. Every innocent man is truly indemni-
fied fro all prosecution, & yet if he is charged with a Crime he
must prove his Innocence. I think this Act might be better framed,
as indeed all of them might, for they are very inaccurate, but as the
Trustees cannot Amend, I think they sh^d not reject for mere inac-
curacies where the law is substantially right.

Calvert
Papers
No. 486

1752

To the Third Act intitled an Act to Aid the Title of Purchasers &c.
This Act I think ought not to be passed because it invades the
private property of the Lord Proprietor without his Consent first
had, & may prove a mischievous Precedent hereafter if not checked
in the Begginning.
42

[p. 4l