Page:United States Reports, Volume 1.djvu/488

Rh 

1789.

Accordingly, I examined at the Roll's office the law figned by the Speaker, and alfo the recorded act, but found them both correfpond with the printed law. I ftill think, however, in conftruing the act, that would fhould be rejected. The claufe then will mean this,––that, notwithftanding fuch act of regiftering, whereby a right is vefted in the mafter, yet in cafe the negro fhould become unable to fupport himfelf, and the overfees fhould do it, the mafter fhould be liable to them. In other words, although you comply with the law, and regifter your Negro, which will make them your property ; yet, that cirumftance fhall not exempt you from the burthen of fupporting him afterwards; unleʃs you fet him free by deed, recorded in the proper county, before he attains the age of twenty-eight years.

If it fhould be obferved, that this would make the Legiflature fay a very idle thing, to wit, that man fhall be bound to fupport his own flave ; I anfwer, the claufe goes further : It prohibits him from abandoning his right, unlefs he does it beƒore his arrival at the age of twenty-eight ; and where at the time of regiftering him he was above the age, he can never afterwards abandon his right, but fhall remain always liable to fupport him. Twenty-eight years was efteemed a proper age, in cafe of emancipation, under which, it might be reafonably fuppofed, that a Negro, by a courfe of induftry for a number of years, might add fo much to the public ftock of wealth, as to be entitled to receive fupport from the public, if he fhould be unable to help himfelf.

By the old law, a perfon might fet free his Negro at any age, on giving fecurity at the County Court, that he fhould not become chargeable to the public, but that law being repealed by the act now under confideration, it became neceffary to reftrain the exercife of that right, and to put it on fome equitable footing ; which this claufe has done ; by ordering, that the owner of a Negro, although regiftered, fhall always be liable for any neceffary expences the public may be put to, though his neglecting to provide for him, unlefs he fhall fet him free before the age of twenty eight, in the manner prefcribed by the act.

This conftruction of the fixth fection is ftill further confirmed by attending to the word aʃʃigns ; every owner of a Negro, his executors, adminiftrators and aʃʃigns, fhall be liable although the Negro be not entered and recorded. But there can be no affignee of an unregiftered Negro, becaufe he is free. The claufe, therefre, plainly fuppofes a transferrable property in fuch Negro to exift, which can only be by regiftering.

To this conftruction it may be objected, that there will be no precifion in the act, in cafe of a willful neglect to regifter old Negroes, with a view to throw them on the public; for, by not regiftering them, they became free. It would be a fufficient anfwer to fay,