Page:United States Reports, Volume 1.djvu/484

Rh 

1789.

one years, unlefs his, or her name, fhall be entered as aforefaid on fuch record. And by the tenth is enacted and declared, that no man or woman of any nation or colour, except the negroes and mulattoes, who fhall be regiftered as aforefaid, fhall be deemed, adjudged, or holden, within the territories of this Commonwealth, as flaves or fervants for life ; but as freemen and free-women.

Under thefe fections of the act, it fhould feem, that freedom is fecured in every negro or mulatto within the State, at the time of making the act, who was not regiftered agreeably to its directions, on the firft day of November 1780 :  but a doubt hath arifen under the fixth fection, with refpect to thofe, who are under the age of twenty eight years, though born beƒore the making of the act.

This fection comes in by way of provifo to the fifth, and declares, That any perfons who had the ownerfhip or right to the fervice of any negro, or mulatto, at the time of paffing the act, his, or her, heirs, executors, adminifrators, and affigns, fhall be liable to the overfeers of the poor of the city or place to which fuch negro or mulatto fhall become chargeable, for the expences fuch overfeer may be put to, through the neglect of the owner, mafter, or miftrefs of fuch negro or mulatto ʃhall not  be entered and recorded as aforefaid ; unlefs the mafter or owner fhall, before fuch flave or fervant attain his or her twenty eight year, execute and record in the proper county, a deed or inftrument fecuring to fuch flave or fervant, his or her freedom.

This claufe has given rife to the argument, and it is contended, on behalf of Samuel Moore, that he has a right, upon a juft and reafonable conftruction of it,  to the fervice of thefe children, until they arrive to their refpective ages of twenty-eight years, not withftanding they were born before the paffing of the act, and were not regiftered. But I cannot hold with that opinion.

The fifth fection of the act requires entries of all the negro and mulatto flaves, or fervants for life, or till the age of thirty one years, within the State at the time of making the act ; it directs the mode of thofe entries ; it fixes the time within which the entries fhall be made ; and, without any exception in refpect to their ages, declares that no negro or mulatto then within the State, fhould be deemed a flave or fervant for life, or for thirty one years, unlefs his or her name fhould be regiftered within the time limited. The mafter or owner had his election whether to enter them, or not; if he did, he fecured to himfelf the right he had in them before the making of the law ; and, if he did not, it appears to have been the intention of the Legiflature that he fhould forfeit all right to their fervices. The tenth fection, I think, fhows this exprefsly; for, it not only enacts that fuch unregiftered perfons fhall not be deemed as flaves, or fervants for life, as in the other fections, but adds, that they fhall not be holden or adjudged fo ; and further, that they Rh