Page:United States Reports, Volume 1.djvu/480

Rh 

1789.

BRYAN, Juʃtice:–– As I agree entirely in the opinions given by the Chieƒ Juʃtice, for the reafons which he has affigned, I fhall content myfelf with generally declaring, that I think the judgments on thefe records ought both to be reverfed.



HIS was a Habeas Corpus ad ʃubjiciendum, which had been allowed by  Mr. Juʃtice BRYAN, and, afterwards, brought by him before the Court. The cafe was twice argued; firft on the 29th of June 1786, by Bradƒord, on behalf of Samuel Moore, who claimed the negroes as his fervants, and by Lewis, in behalf of the negroes ; and a fecond time, in April term 1789, by the fame counfel for the claimant, and by Ingerʃoll  and Fiʃher  for the defendants. The Court having held the matter under advifement till the prefent term, the Judges delivered their opinions feparately, in the following order; the Chief Juftice ftating the circumftances of the cafe, and the arguments of the Counfel, in the courfe of his obfervations.

M‘KEAN, Chieƒ Juʃtice:––The negro Betʃey, for whom the Habeas Corpus iffued (and upon whofe fate, that of the two other negroes depends)  was born before the 1ft of March 1780, to wit, in the year 1779, and her name, age, fex, &c. were not regiftered in the office of the Clerk of the Peace of the county of Cheʃter, in which the mafter, Samuel Moore, then inhabited, on, or before, the 1ft of November, 1780, agreeably to the directions of the act of Affembly, entitled, “ An act for the gradual abolition of Slavery,”  paffed on the 1ft of March, 1780. See 2 State Laws 282.

The queftion, that is fubmitted to our confideration upon thefe facts, is, whether the negro can be held as a fervant until fhe attains the age of twenty eight years? or, whether fhe is abʃolutely free?

On the part of the mafter, it has been argued, that, although by the fifth and tenth fections of the act of Affembly, the owner, or mafter, of any negro, or mulatto, flave, or fervant for life, or for thirty one years, then within the State, or his lawful attorney, ought to caufe fuch negro, or mulatto, to be regiftered on, or before, the 1ft day of November 1780 ; yet, by the fourth fection, it is provided, that every negro, or mulatto child, born within this State, after the paffing of the act, who, in cafe the act had not paffed, would have been born a fervant for thirty one years, for life, or a flave, fhould be deemed a fervant until the age of twenty eight years. It was urged alfo, that he Legiflature could not intend a greater favor to negroes and mulattoes, born as flaves, or fervants for life, or until the age of thirty one years, beƒore the pafsing of that, act, than to thofe born aƒter ; that the intention of the Legiflature is to govern in the conftruction of this act, which, as well