See:
captive
SLAVE. A man who is by law deprived of his liberty for life, and becomes the
property of another.
2. A slave has no political rights, and generally has no civil rights.
He can enter into no contract unless specially authorized by law; what he
acquires generally, belongs to his master. The children of female slaves
follow the condition of their mothers, and are themselves slaves.
3. In Maryland, Missouri and Virginia slaves are declared by statute to
be personal estate, or treated as such. Anth. Shep. To. 428, 494; Misso.
Laws, 558. In Kentucky, the rule is different, and they are considered real
estate. 1 Kty. Rev. Laws, 566 1 Dana's R. 94.
4. In general a slave is considered a thing and not a person; but
sometimes he is considered as a person; as when he commits a crime; for
example, two white persons and a slave can commit a riot. 1 McCord, 534. See
Person.
5. A slave may acquire his freedom in various ways: 1. By manumission,
by deed or writing, which must be made according to the laws of the state
where the master then acts. 1 Penn. 10; 1 Rand. 15. The deed may be absolute
which gives immediate freedom to the slave, or conditional giving him
immediate freedom, and reserving a right of service for a time to come; 6
Rand. 652; or giving him his freedom as soon as a certain condition shall
have been fulfilled. 2 Root, 364; Coxe, 4. 2. By manumission by will. When
there is an express emancipation by will, the slave will be free, and the
testator's real estate shall be charged with the payment of his debts, if
there be not enough personal property without the sale of the slaves. 9 Pet.
461. See Harper, R. 20. The manumission by will may be implied, as, where
the master devises property real or personal to his slave. 2 Pet; 670; 5
Har. & J. 190. 3. By the removal of the slave with the consent of the
master, animo morandi, into one of the United States where slavery is
forbidden by law; 2 Mart. Lo. Rep. N. J. 401; or when he sojourns there
longer than is allowed by the law of the state. 7 S. & R. 378; 1 Wash. C. C.
Rep. 499. Vide Stroud on Slavery; Bouv. Inst. Index, h.t.; and as to the
rights of one who, being free, is held as a slave, 2 Gilman, 1; 3 Yeates,
240.