Page:United States Reports, Volume 2.djvu/232

 :26 Cases ruled and adjudged in the I795, being a llave was proved, the ofence of feducing a negro flare _ puniihablc ollenee, under the a& of Miembly ; which in the 7th fe€tion (ditlering from the other fe&ions of the ad) does i not difcriminate between the feduélion of a negro, or a mulatto, whether he is a freeman, or a llave ; and, if the law is poiitive and plain, neither the Court, nor jury, can rend, or  it. 4 BI. Cem. Vnugb. tgg. gy. r Burr roo. 1 Ld. Ray. l423• The Cine: jusrrcs, after flaring the counts in the indie't· ment, and the evidence, delivered a charge to the jury, in the following manner. M•Knan, Chip" fqliu. '1`he feverity of the puniflrment to be iniiéled in cafe of a conviflion (a punilhment the fame, in its nature, as is inllidted for the molt infamous crimes) ought termine, that the aft committed by the defendant, corrllittttcs the ollimee, which is the objeik of the law._ The extravagant operation and extent of the dovilrine, on which the profecntion is maintained, ought alfo to awaken the rnoll feriotrs attention : For, it has been contended, in efedt, that lhould a traveller bring into this [late a negro or mulatto llavc; nay ihould a tradell man of Pnrrjlvauxk have a negro or mulatto indented fervant, who, being {ent on an errand, loiters away his time in tippling and debauchery, the mailer cannot forcibly feize and carry the delinquent to another place, either beyond, or within the ju- rifdiélion of Pemé-Ieuniu, without incurring the penalties of the aél: of Affembly; if it is intended afterwards to keep and detain the n or mulatto as allave or fervant. Is it rational to conceive, xg: any legiilative body would have dellined for fuch an ad}, fo grievous a puniihment! Again: It has been alledged, that the law has made no difference, and, therefore, wat the Court can make none, between a freeman and a llave, provided the injured party is a negro, or mulatto. But is it pol`- lible, that any individual of common fenfe, that any allernblage of enlightened men, ihonld fo confound the nature of things, fhould fo pervert the principles of juflicc, as to lirppofe, that it is as criminal for a mailer to carry off his own ilave with the intent to retain him in ilzvery, as for a {hanger to carry olf a - freeman, with the intent to fell him into bondage! Can thefe aélions merit the fame degree of punimmentl It is evident, however, that fuch enormities. are not imputable to the Legiilature of [buf)-I·t·n.•:in. By the totbjééim of the acl for the gradual abolition of {lavery {t ul. I)aH. p.84t ] perfons mert ly fojourning in this State have a right to retain their Haves for a term of fix months; and the delegates in Con- grefs from other States, Foreign Minillers, and Confuls enjoy that right, as long as they continue in their public t:hata£lHl$· c
 * 'VVout of the State, in order {till to keep him in Ilavery, was a
 * certainly to induce the jury to deliberate well, before they de-

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