Page:United States Reports, Volume 1.djvu/487

476 

1789.

born at the time of paffing the act, fhall be free from every degree of fervitude, unlefs regiftered by thofe who had a right to their fervant for life, or thirty one years, or by their attornies.

This conftruction of the law, is coroborated by adverting to the fourth fection of the act. By this fection, in cafe any aƒter born child fhould be abandoned by its mafter or miftrefs, from an idea that its fervice till the age of twenty eight, was not a fufficient compenfation for bringing it up, or from any other caufe, the overfeers are directed to take charge of it:–– But why provide for a child born aƒter the act, in cafe it fhould be abandoned, and not for a child born beƒore the act in a fimilar fituation? Surely an abandonment was as likely to happen in the one cafe, as in the other, and from the fame caufe. The filence of the Legiflature on this point, affords a ftriking argument to prove, that they never entertained an idea that children born beƒore the act, were to be fervants till the age of twenty-eight otherwife, the fame provifion would have been made in both cafes. The mafter, in the cafe before the Court, had it in his power to have acquired a right to the children for life, if he had chofen ro regifter them ; or, be neglecting it, to give them up for ever: And this obfervation appears to me a fatisfactory anfwer to the argument, that children born aƒter it. The mafter might have put them in a much worfe fituation ; and, having run that chance, they ought not now to be placed on the fame footing with thofe born aƒter the act.

But the greateft difficulty in the caufe ftill remains ; that is, the fixth fection of the act.

By this claufe,“ Every owner of a negro or mulatto, at the time of paffing the act, his heirs, executors, adminiftrators, and aƒƒigns, fhall be liable to the overfeers of the poor, wher fuch negro or mulatto fhall become chargeable, for fuch neceffary expences as the overfeers may be put to, through the neglect of the owner or mafter of fuch negro or mulatto ; notwithftanding the name and other defcriptions of fuch negro or mulatto fhall not  be entered and recorded as aforefaid ; unlefs his mafter or owner fhall, before fuch flave or fervant attain his twenty eighth year, execute and record in the proper county, a deed or inftrument fecuring to fuch flave or fervant his freedom. ”

The firft obfervation to be made on this fection is, that the neglect of the owner or mafter therein mentioned, does not mean his neglect to regifter, but his neglecting to provide for the negro, whereby the overfeers are obliged to do it.

I have on feveral former occafions confidered this claufe with a good deal of attention. I once fufpected there was a miftake in it, and that the word not fhould be expunged in the paragraph which fays, “ notwithftanding the name and other defcriptions of fuch negro or mulatto, fhall not be entered and recorded as aforefaid.” Accordingly