*1 77 Jones vs. Wootten NEGRO BEN. vs. JONES EDWARD WOOTTEN.
The issue of slaves manumitted bom manumission the period of after before taking full effect were for life before 1810 effect, That though declaratory act in its not terms. retroactive been, It is is; Legislature what the law has competent hot declare belongs to the courts. consistently construed with the fundamental of justice; Statutes give takes interpretation vested the court will if the othet; nor will intention of susceptible court an act- infer retrospective the condition of the mother. issue follows The for freedom. Petition petitioner was the will of mother The in manumitted these words: “I 13 was master, May dated Rhoda until she arrives Betsy my negro girl to my daughter to have her freedom from slavery.” of 30 years, to the age before the mother born in attained the was 30of years. for cited the Robinson, actof 1810. petitioner, Thos. A09. Dig Mr The common law of the for State respondent. recog- Bayard, us it is previous existing among slavery: nizes presumption negroes slaves, statutory provisions. was for arrested. Cites verdict Hart plff., vs. chattel 589. 2 Mass. Rep. Fitzgerald. 1. for undivided A’s 450 counts. 2nd. spruce logs. Replevin—3 Deft, of 450 avows half spruce lоgs. undivided taking for A., B. C. as common, tenants in were the logs for Yerd. arrested. plff. Judgment B’s had attached Parsons 1. one sues where the two, where contract was with In contracts Jus. Ch. deft, it; of it on the issue without general take may advantage pleading own In tort for if it from the piff’s. shewing. appears injury afortiori and one sues are several owners it cannot be where there ta- joint a chattel issue, but must be abatement pleaded of on even advantage ken shewing, for defts. own waive it. on the Term. piff’s. appears undivided writ claims an moiety. trespass case Here R. 766. damages the chattel to be delivered as well as In replevin given. is not chattel severance capable This whole recovered. damages or whole, he in which he If the gets part delivered. claims none must be owner where a no case part brought There is replevin no property. distinction is a between strong There only. trespass undivided part for where is claimed. possession replevin Judg- are sought, where damages arrested. ment Dutch. coffee Replevin bags Gardner ship 9 Mass. 427. marked or none numbered. A re with other bags, and stored ped lbs. were not mark They weighing bags, had given ceipt Verdict Per. Cur. If plff. the other bags. separated ed or R, he could not maintain Yf. and replevin common tenant plff. for his hp tenant in common. He not a But share. undivided of coffee bags and quantity bags number have had marked. of an un- will not lie owner part that replevin therefore It appears abatement, advantage may and, chattel; although pleaded divided Jones vs. Wootten. the law no means of and until emanci- them from was a boy slavery. pating She follows that condition. slave at his Her birth offspring until attained she SO when years, continued operation *2 became she in will she free. What was the mean time? the Her this altered natural condition was condition was slavery; the only by not that until a certain time. mean will and the time she was a to the and her slaves. issue is the with issue same the right the of the slave. what to labor therefore will Upon principle right a to take effect at future day, manumission destroy right time, more to the in the mean than services of the mother issue any the act of 1810 in the mean time. Does this: It is said be vary has, in this No country, declaratory. legislature pass be under our cоn- may law. written declaratory England, be We stitutions must different. have distinct branches—Legisla- Judicial and laws but tive, may Executive. legislature pass the defect of it motion arrest where on appears judgment, taken count in a narr cause of Sed if a contains a sufficient action quere record. intended, after verdict, not actionable if it will matter connected for that is actionable and were given only that the damages part judg- not be arrested. ment will count, declaration, Gould. 195. good though only single may to, residue; and, demurred ill for the the whole be plff. part for the good. may judgment part will not where the words actionable any judgment In slander the other words are It will be intended that dama not. arrested though Cro. Archb. Pl. 328, 788; for actionable words. Eliz. were ges given After verdict the court will 384; 2 Pl. Saund. a. in Chitty 196; 1 171. for were the actionable declaration. part tend that only given damages ,’s.land for a canal an action cutting through plff This was overflow &c. and water courses. The leaks, cutting same stopping ing verdict was sus law. General were given authorized by damages R. count in Johns. 283, There was one the narr. Steele vs. only tained. Lock Navigation Western Comp. clausum, or for to actions of tort such as quare With respect trespass trover, malfeasance, case or misfeasance and like taking goods, tort, if one only established that two it seems clearly actions fully common, executors, tenants in parceners, partners, or more joint-tenants, any others who join, bring bankrupt regularly ought assignors actions, deft, and cannot the omission in abatement plead issue, or in other bar on the way, in evidence or in arrest pleading or appear the matter be found specially Saund. plff. declaration or other on the face pleading 6 T. vs. Overends. b. a. n. R. Addison 766, 291. 426 [219, 4.] is void and one be mentioned in one If divers considerations assumpsit it shall be damages inten- the others ded ratione premissorum, good, given 1 Ld. R. for those were good. damages given only 239. with two one actionable In a count allegations damage, single for the actionable not, the will intend that court damages given 2 Johns. 286-7. part. will man to and take Courts of advantage encourage lay by verdict, the same result would the mistakes of his when adversary 571; Johns. 2 Strange taken earlier Cro. Jac. place stage. 664; 1 Salk. error 30. 364; Cases in Days Jones vs. them;—that to the If can’t belongs expound judiciary. they don’t construction, like the legislatures change futurely; but not was born This before boy it was not retrospectively. of that what was the law year affecting has their declaration condition. Nor Our le- weight authority. expound laws. gislatures competent Rodney, petitioner: was a manumitted slave. He petitioner was born
after the manumission before time when the mother was in fact tree. manumission inchoate or reversionary right mother; freedom attached the condition her condition was free, and she became master’s changed and limited subject temporary Her her services. affected favorably are free. The act of 1810 condition—they makes them time, for a limited which time the beyond has advanced. Harrington, Cur. adv. vult. *3 term, 1833. April J. Court, dis- dissenting, missed the petition. —George Vincenthis last will, dated 12th, May Black J. as follows:—“1 my bequeathed give daughter Betsey my Rhoda, until she arrives of negro to age thirty girl years, then ” from slavery. have freedom of (now of twenty-seven Benjamin age years,) born in of after the son Rhoda and death of George Vincent and attained the of before thirty years, and of 1810. claims be free under act of the act of Whether the 2nd section 1810 should be construed who were when that children law was living embracing of and had been born female slaves manumitted to be free at a future or whether was that day, that design section children, be to such not free points applied difficul- statutes the rules be following ty. construing considered as decisions, entitled to fully well established judicial respect. a statute, If a can court a construction consistent with the give it is reason, their fundamental duty do so. 93. Bay’s Rеp. is not that the court presume legislature designed take so nor their act be a vested construed. right, Burr. ought 101; 199. Johns. Bay’s Rep. to law a operation retrospective or They give action ought other, it be it be unless so susceptible any plainly if provided in Johns. 503. act. 7 free from doubt that the Is it 1810, de- question that the 2nd section should to children then apply exis- signed cannot the slaves, such manumitted female or tence con- its without provisions, a re- strued consistently giving can, and if it be so should it not construed? trospective operation, first that deed manumission or prоvides section any will, hath been or shall declared to be last thereafter time, time, limited he or she free after shall mean serving ex- or she shall be held to (has the term for until service Jones vs. be deemed a slave. This was designed remove thé pired,) or entertained as to the doubts that character or con- who had been or should of those dition thus manumitted. It the deed of did alter manumission or its terms, or the either of the master or the in rela- but law, tion to circumstanced': enacted as the negroes neither than what more nor less the deed of declared, manumissiоn itself were not that free until the term had and till they expired, re- slaves, whether the' mained which their freedom secu- writing before or afier red, was executed that This passed. section intro- rule, no new what must before its duced passage law, os the and which the considered deed will been plainly point- that on a out, viz: certain future free; ed should be day they course, free; till were not arrived day but remained as it had that of been, slavery. changed, The second section children provides any such female term, said shall be in service, born within the like manner negro deemed slaves; until males, and taken to be arrive to the the females to We with- twenty-five, twenty-one. may' section, construe it to out embrace straining language It does not children plainly unequi- passage. before exclude, nor does include chil- vocally plainly unequivocally those born. does not well heretofore, dren previously born. This would unequivocal those language; hereafter those born within the said term service. Now if merely we mean within the those words to those born term construe service to tile could fundamental to whom such provision prin- born аfter is, to those apply, legislation passage ciples we it a service, within the term construction the law of reason and the act consistent with the principles makes justice, *4 a one as the had the to and such power constitutionally legislature act; and not a anací which a prospective retrospective respects, pass; that or the one violates vested It property. not is rights rights that this act shall be not retrospiective. provided expressly a act construed without merely prospective susceptible then, or Are we not to its terms violence language. doing according referred, to statutes which to the rules bound construing construction, thus it such a and relieve from to legislature give their powers? transcending legitimate imputation of the section afford some not the 7ih evidence that provisions Do born, to embrace children then within the act? not designed sex, and to name, be made That section'requires register birth, after its child such manu- every within months twelve What female, of that act. was the ob- born mitted passage for whose benefit of this secure those the act provision, ject their that this record they a record of might passed, ages, attained the to freedom when fixed they of their evidence children born, if it was intended then Now law. not one, were their names or twenty why freedom twenty-five their time of record evidence also directed registered, is no such however, to them. There freedom also secured reason for the there the same re- them, existed yet and provision con-- then in the in the not May one other. we gister case as Jones vs. Woottén. of the whole infer, sideration act the issue of reasonably such not it, be embraced within and designed this construction warranted the rules established for of statutes, construction and at the same time the most respectful as it makes their act a valid when an opposite would construction to hold it to us be an compel invalid one? however, that this cannot sustained, view Supposing, and that embraced the issue such born, females then as those well to be born, and validity bearing thereafter an act children then born, and on the of the owners of rights must be children considered. If that act is to be considered as an act of what deсlaratory law was before its it cannot as such have passage, any weight the court. Bach of our department government operate confined within limits. constitutional makes, power not the to construe a law. power legislature may declare what be, law shall but not what it is or has been. That be power to the alone, and longs judicial department discharging are to form their duty own to be the mere opinion organ and declare its of what legislature the law is opinion or has been. This is one so clear that the proposition Court of Supreme States,
the TJ.
in the case of
Ogden
Cranch
Blacklidge,
declined
in its
hearing
argument
counsel
support,
stopped
about
who was
to sustain it.
If it cannot then
as a
avail
considered as
declaratory,
positive
law,
rule
new
can
enacting
property,
adopting
to the
nature
and of
and of
society
those
government
which are common to our free institutions
general principles
(inde-
pendent
constitutional
and alter
provisions,) operate upon
rights
which
property
by the laws
the land were fixed and vested at
to its
prior
relation to
or
is an
contracts
passage?
property
valid
action is
obligatory
retrospective
contract, or divest or
of property?
abridge
rights
Is it
for a
to enact that a title
competent
property,
which at the time the
and un-
was absolute
acquired
property
laws,
under the
be a
qualified
shall thenceforth
qualified
limited title and
absolute one?
Such
would seem to be in direct
sound
positions
hostility
and established
incon
reason,
principles
entirely
sistent with the
If
a free and
spirit
republican
government.
are to
unsecured
would leave the
prevail they
rights
fixed
will,
or a firm
at the
tenure;
caprice
pleasure
of each
far as it chan
act,
retrospective
succeeding legislature.
takes
divests
vested
ges
property,
*5
it,
to be less
declares the title to
or tenure
valid
it,
property
than
fundamental
was,
violates
by
antecedently
enacting
one. Kent
and cannot be
considered a valid
principles,
binding
Johns,
252;
28;
477; 1
Rep.
Bay’s
Bay’s Rep.
unless power individual we there find property sion which taking article, of the 1st these in the 8th section words: from him is be taken or man’s use public “nor shall any applied property without without the consent his compensa- representatives, made” tion being from individual his take cannot even property legislature him use, without compensation. for public it to another, one and To even com- take grant property it for use, or to take without made, public compen- pensation denied our such sation, is a legislature, every power expressly of that constitution and of course void. violation directly If are the state property. In this subjects legislature enact that a who laws has by constitutionally person can existing of a for his time and life shall title services a perfect of his till the benefit services the slave hold that slave not also enact law that lands may they twenty-five, why attains to him and man under a his heirs for- held devise which are by until he attains devisee by twenty-five, shall only ever enjoyed Wherе would be therein then cease? his should and that all or alter the If can ten- difference principle? abridge can why one alter the ure or title of the species property, The land and the slave property, why other. equally to be held less sacred and of the one property species rights The constitution those of the other. than guarantees inviolable without kind estab- every exception: property protection touched, that is to be that it is you lish property position is limited broad by constitutional find the power legislature As as this which cannot unfortunate pass. lines beyond long laws our by class subject property, beings and of the rules property property, general be extended settled attach, and princi- protection of law. ples was, before If slave for therefore term of reduced to the cannot be twenty-five years that slavery in him had a these act,—the beyond master twenty- use without taken even for public not be which could five years, act, compensation provided by compensated—no to examine whether such a and it unnecessary is therefore taking benefit. use or would be for private public on Whether a law principles public policy safety predicated to attain an public important good, relieving designed the evil, alike from a community acknowledged operating great all the of this class of all this holders class upon property, our consistently not be property, the exercise of their those powers, which should regulate abolished, not a altogether question a case when now be time pass before us and it will enough that in the state Pennsyl- however remark presented. the attention of their vania fifty years, for more than where *6 Jones vs. Wootten. been directed to the abolition of not in in- have slavery; they any tq stance, research, a my law giving securing to a freedom slave when the law Their passed. legisla- and not tion has been The prospective retrospective. pro- rights in slaves have been and the law its perty invariably respected, made to terms bear secure freedom to those who upon be born should of that state in relation to the The of the constitution passage. provision is, with the ex- security property, word, a with that in With same ours. us com- ception single is to be made—with them it is
pensation just compensation. of therefore, The act it be a whether considered as decla- a act, law, rule of cannot ratory this new establishing govern case. This was in 1805. petitioner rights master existed were fixed five before this act What passed. must be were, those and the act of ascertained from the law then as a must If he then held the prevail. petitioner cannot reduce his title to a for that statute had .slavery twenty-five case must be decided as years. presеnt never passed. In 1805 there existed no in our statutes provision regulating the condition or character of the female slaves declaring who were manumitted to be free at a future The condition day. mother at the birth of the his condition. petitioner regulate rule—Partus ventrem must she sequitur was free prevail—if was free—if she was then a slave, slave, then he he also was a no law, intermediate there was servitude grade prescribed by case, could nor limited or which riod will apply any pe- qualified secured to him service the will of Mr. Vincent. That a the mother certain but none to her issue. guaranteed right, When Rhoda attained the she was “free- thirty age from dom before—till that arrived she was not slavery”—not period nor condition as a but slavery, legal free from the disabilities and incidents of remained all change— n to her: till to be no she attained there was thirty attached arrived, then, then, if that not till her character and con- period dition of a slave ceased—her was not one modified ser- that of a vitude, but terms of the act the to her that when she reached the slave. express of Mr. V. a will was secured had'died bеfore that free, she should be but if she thirty age taken but she would no in her condition would have place, died a slave. Rhoda had not attained when thirty Tis that sla- born, true, but remained petitioner was, the terms was to cease as to her at very the thirty; was, in the said, as I no will will. There have did there then exist such provision law removing favor her issue—nor Would or incidents of from such issue the chains slavery for life. it not be an act for this court arbitrary or at or thirty, entitled to his freedom at twenty-one twenty-five assume, when think proper period to his case—when the act of 1810 does aрply and when no at his birth which made such existed provision, what it to him? Upon will of Vincent does secure Mr. Jones the court could such other than discretion arbitrary grounds assumed, be founded: and such decision service period to ex- based the law of the land I am willing sound discretion ercise: upon I cannot further—I will not go legislate. *7 then stood birth, was, at the time of as The the was fixed and is which his condition 'now and by governed, born free or a slave was either unconditionally free for life—he horn was mother was a slave—of course therefore he for his ato is limited it slave, аnd that as is slavery the case, by law which to his by any shorter valid period applies of Vincent the mother.
will of Mr. the master dismissed, that the (a) It is therefore my opinion petition in that the Clayton, J.,C. concurred opinion petition it dismissed; and was so ordered. Harrington, J. this the condition —It was in case that argued it the common law of State. That this slavery recognized by the on the an unlimited master the services conferred right has the to the same liability. practice subjected law, of con and authorized the up, by changing grown at a of this manumission to free dition future species property by arises as to the condition day: important question thus between the manumitted, of female the slaves offspring effect. the manumission manumission the full taking act act period the mother master acquires vested right: service's, no it an unlimited control her over would longer follow, he had no an unlimited control over the seem longer The child follows the condition of the Services mother. offspring. its birth mother is in the At condition absolute of limited for a limited slavery, slavery, services owing if the same the child condition is that of limited period; of mother’s measured the term its This is servitude. slavery, the view as take of the it stood before the of 1810. question no doubt to the master and principle prejudicial imposes himon the infant children of his ma hardship great maintaining slaves; assumed, but it follows from the numitted a of his own act of manumission. consequence injustice master a case of the as probably origin regards of 1810. That act neither unlimited of the recognizes right of the issue his manumitted nor con master services servitude, to the fines his mother’s but assumes period right reasonable medium based on the of the limited ground master, to him for the expense compensation raising until until 21 makes the males slaves the females old. of Governor This act was the recommendation Truitt; and it seems from the terms uses he probable, bringing to their that the rather on notice, the subject proceeded the time of service a compensation ground extending master than on idea of restricting any pos- 221, Marshall, decided Seethe caseof et al. M‘Cutchen 8Peters (a) Court, in Supreme January sustaining ground last foregoingopinion. Jones vs. Wootten. (Journal Gov. Truitt H. vol. says p. 9.) sessed. “It has to execute become masters deeds frequеnt practice manumission to their which permitted go mean at a future time their liberty period, services are now in situation retained. So that it is a many negroes matter of to ascertain what their is; importance great if it is the issue female all necessarily slaves: parents freedom, on the the issue at the moment of their contrary, birth no master, are free and master. And owe service moment, no to command their services for a having bound to single in their cannot; maintain them infancy? with the courts, be burdened fore expense? public arise from would a detеrmination inconveniences seeing them, of this avoided, in either far I can question way learn;, decision; but whenever it shall come be directly fore* be bound decide let the them will inconveniences flow from that be what decision they may; ing legislature being *8 to make the only proper authority competent necessary provi to case, sions of I meet have considered it exigency my it to duty recommend notice. your report commit ” of
tee the House of on of this de Representatives part message clares:—1st. That manumitted slaves entitled tо all the benefits of slaves; bound 2nd. That the servants shall con sidered as bound until the servants not as of-, slaves— and raises them. master provided keeps laws; is tolerated our true that slavery too going of in far that this kind slaves is like property precisely every of other of and the spirit species property. principles of held in this liberty personal country equally op to a drawn doctrine from countries of posed ages despot ism, and either in founded Sir proximately remotely oppression. William that remarks Blackstone pure con proper slavery of trary reason, law; natural and he shows con principles that clusively slavery placed by grounds 1 civil law all rest on unsound foundations. Black. Com. 2 Kent C. 247. since been abolished in Accordingly long in most, and in of these United States many, perhaps England; it has either been has been made for done provision New-York, In the of abolishment. state prospective all children born after the declared slaves 4th assembly July, 1799, free, held should be born liable to be until 28 and 25 &c., and a declared that all years subsequent age; negroes, 1799, before the should be 4th free after 4th July, July, at whiсh time became extinct in that state. slavery Pennsylva nia, masters were their required register slaves the issue of such slaves born after the acts were subjected to a servitude Vide Dal. R. 467. These years. provi sions have been further extended in favor of that there liberty, state, now remain from a statement made lately appears hundred committee their than one slaves less acts there. These certainty extinction speedy deny (and similar ones exist in our many states, included) own Lolley vs. Needham’s Ex’rs. his slave and ownership master over her issue unqualified over othеr property; possesses continuing unrepealed uncontroverted, undoubted sentiment the times upheld establish liberty, and the extended spirit go- with the conformity species vernment regulate of reason as well as the justice acknowledged require- It was on this our ments policy. principle public that the declared children manumitted the act slaves for not be considered regulated period as the well master slavery upon principles I I case, the best consideration have been able re- On able to into that have coincidence bring my gret with that of the other of the Court. I think the members petitioner, is entitled freedom. to his now age, .Petition dismissed. for Robinson petitioner. Rodney,
J. td. Bayard, respondent. LOLLEY, NEEDHAM’S EZEKIEL Ex’rs. SARAH negro knowledge. the plff’s. within disclose the credits probate must all reference the defendant’s books It is not sufficient make a credits. labor, Pleas, &e. Common counts. work and non-as- Case of limitations. and act sumpsit; payment, had and admitted that she service, different Plff. proved deft’s, testator; at one money times received sums sundry at another &c. $10, $5, $50 time at another *9 She probate: presented following Doct. Ez. Needham To Sarah Dr. Lolley, October, from 1st services To months $3at 1829, as 1803, to 1st house-keeper, February, ------- $840 00 month. per maketh oath that named Sarah Lolley above has been nothing debt, of her stated satisfaction above delivered toward paid been made the said than Ezekiel as may payment for the amount whereof she refers to lifetime, Needham his herself; the amount deceased, books the said knowing demanded, the sum payments, deducting justly Sarah due. truly (Signed) Lolley. Sworn and before ? subscribed Budd,
Wm. A. J. P. for want nonsuit, deft’s. sufficient moved pro Clayton bate. is not sufficient. is for probate probate Per Cur. estate, requires person security