Page:United States Reports, Volume 1.djvu/483

472 

1789.

hitherto has derived no advantage from her fervices, and has been fubjected to confiderable expences for her food, clothing, and lodging, would be a great fufferer; fo that the balance on this confiderable feems, likewife, to preponderate on the fide for which I have declared my opinion.

ATLER,Juʃtice :– This caufe was argued in the Supreme Court in June 1786 ; but as Mr. Juʃtice RUSH and myfelf were then abfent, another argument was requefted for or fatisfaction, and the gentlemen of Counfel for the parties having obligingly acquiefced in our wifh.

The queftion arifes upon an act of Affembly of this State, intitled, “ An act for the gradual abolition of Slavery,” paffed on the 1ft day of March in the year 1780; and it is, whether a negro child born beƒore the paffing of that act, and not regiftered agreeably to the directions it contains, fhall be free, or be in a fimilar fituation with thofe born aƒter the paffing of the act, that is a fervant until twenty eight years of age?

It is agreed that thefe negro children were born before the paffing of the act, and they and their parents were at that time the flaves, or fervants for life, of Samuel Moore of Cheʃter county, who neglected to regifter them agreeably to the directions of the act. In confequence of this neglect on his part, the parents have obtained their freedom,  and the children now feek it; that they may follow, and be under the care and direction of, thofe parents, inftead of a mafter.

The act, after declaring in the third fection, that negroes and mulattoes, born after it was paffed, fhall not be deemed flaves, or fervants for life, and extinguifhing all flavery of children in confequence of the flavery of their mother, provides in the fourth fection, that fuch children as fhould be born aƒter  the paffing of the law (who would, in cafe it had bot been made, have been born fervants for years, or life, or flaves)  fhall ferve until they attain the age of twenty eight years, and,  in cafe of fuch children being abandoned by the mafter or miftrefs, directs their being placed out apprentices by the overfeers of the poor.

So far the act confines itfelf to children born aƒter it was paffed. The following fection, to wit, the fifth, includes every defcription of thefe people of both fexes and all ages, and under this and the tenth fection it is, that the parents of thefe children have obtained their freedom. This directs that every year owner of negro and mulatto flaves, or fervants for life, or till the age of thirty one years, at that time within the State, fhall caufe the names, ages, and fexes of fuch their flaves and fervants to be regiftered, or entered on record, in books to be provided for that purpofe by the Clerks of the feffions in the feveral counties of the State, on or before the firft day of November 1780 ; and declares that no negro or mulatto then within the State, fhall, from and after the faid day of November, be deemed a flave, or fervant for life, or till the age of thirty one