Page:United States Reports, Volume 1.djvu/180

Rh 

1786.

doctrine founded upon that condition, can be applicable here. The contrary practice has, indeed, been universal in America; and our practice is fo ftrongle authorized by the civil law, from which this fort of domeftic flavery is derived, and is in itfelf fo confitent with the precepts of nature, that we muft now confider it as the law of land.

There is a cafe in 2 Salk. 666, which has not been mentioned at the bar, though it bears confiderable relation to the prefent controverfy. It was action of Indebitatus Aʃʃumpʃit for a negro fold ; and it was faid by HOLT Chieƒ Juʃtice that a negro by entering England becomes free ; but that a fale in Virgina, if properly laid, will fupport the action. Hence, we perceive, ho folicitous the courts of that kingdom have been, on the one hand, to difcountenance flavery in England ; but, on the other hand, to do full juftice to the fale, which, by the Lex Loci, was lawful in Virginia, where it was made.

It only remains to obferve, that property in a Negroe, may be obtained by a bona ʃide purchafe, without deed.

VERDICT for the Defendant. 

HIS was an application for a fpecial Court, founded on the act paffed the 10th oƒ April 1782. Kunckel, the petitioner, fet forth in his affidavit, that one of the plaintiff's Boom, with whom he had been in partnerfhip had diffolved thier connection fince the commencement of the action, and that the outftanding debts had been afigned to Kunckel,  fo as to veft in him the whole intereft in the event of the action. It was alfo ftated that Kuncke was about to depart from the United States; but that Boom had no fuch intention.

The Attorney General,, for the defendant, objected, that, by thus affigning the intereft in an action to a going foreigner, a fpecial Court, and an early judgment, might always be within reach, to the prejudice not only of the defendants  but of other creditors. And upon this ground unanimoufly refufed  the prayer of the petition.

The plaintiff's counfel then moved, that he ought not to be deprived of his bail by his application ; which, requiring a declaration to be previoufly filed, amounted to an acceptance of a common appearance.

In the juftice of this moton, concurred, and accordingly directed a rule to be entered, that the defendant give bail in two months, or a Procedento.

Rawls for the plaintiff.–Bradƒord for the defendant. Rh