Page:Daniel v. Guy (1857).pdf/13

19 Ark.]  1857.]   slaves who are less than one-fourth negro, under what law would a slave be punished for stealing such slaves?

Another example:

By sec. 1, p. 340, Dig., it is made a penitentiary offence for any person to induce any negro or mulatto slave to abscond from his owner, etc.

If the slave be less than one-fourth negro, and the definition of the word mulatto, above referred to, is to be applied to the term as used in this act, how would the person enticing such slave from his owner be punished?

And another:

"All marriages of white persons with negroes or mulattoes are declared to be illegal and void." ''Dig., chap. 102, sec. 4. Under the above definition of the term mulatto,'' would the law recognize a marriage between a white man and woman of the negro race, but less than a fourth negro?

Other examples might be given if deemed necessary. See Dig., p. 331, sec. 9; p. 378, sec. 1.

To apply to the word mulatto its strict technical meaning (half negro), the consequences in the construction of the several statutes which we have referred to, would be still more absurd. Slaves, etc., less than half negro would not be included. In construing a statute, an interpretation must never be adopted that will defeat its purpose, if it will admit of any other reasonable construction. 9 Wheat. 381. And the court must consider the policy of the statute, and give it such interpretation as may appear best calculated to advance its object by effectuating the design of the legislature. 3 Ham. 198.

To apply the technical definition of the word mulatto, (half negro,) or the definition contained in ''sec. 1, ch. 75, Dig., (fourth, or more, but not full negro,'') to the several statutes noticed above, would, to some extent, defeat the purpose, and not advance, but produce a departure from, the policy of the statutes.

The legislature, in the acts referred to, (except in chap. 75, Dig.,) have manifestly used the word in a more latitudinous sense, and in a sense in which it is generally understood, we