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Kunckel et al. versus Baker U.S. 169 (1786)

handle is hein.slavery/ussccases0068 and id is 1 raw text is: • urxk.t COURT of PenrflyVana 6 docrine founded upon that condition, can be applicable hers. The 796 contrary pralice has, indeed, been univerfal in .Amerca; and- d 7r pra&ice is Co ftrongly- authorized by the civil law, from which this fort of domePic flavery is derived, and is in' itfelf fo confiftent with Ahe precepts of nature, that we muft now confider it as the law of the land. There is a cafe in 2 8ali. 666. which has not been mentioned at the bar, though it bears confiderable relation to the prefent contro- verfy., It was an aaion-of 1nddiiatus 4ffu~maft for a negro fold; and it was faid by HoLT'r Cbitf Mftic¢ Athat a negro by entering ,England becomes free; but that a fale in Virginia, if properly laid, wilt fupport the a&ion. Hence, we perceive, how f£icitous the courts of that kingdom have been, on the one had, to difcountenance flavety in, England; but, on the other hand, to do full juftice to the fale, which, by the Lex .,oci, was lawful in J'irginia, where it was made. It only remains to obferve, that property in a Negroe,.Inay be oi- 2ained by a honafide2urchafe, without deed. YEADICT for the Defendant. KUNCKEL ef a[. veerfus BAKr.z.. was an application- for a fpecial Court, founded on the a& laffed the Loth of April, i78 2. Kunckel, the petitioner, let forth in his affidavit, that one of the plaintiffs, Boom, witlrwhom he had been in partnerfhip, had difft6ved their conne&ton, finee the com- mencement of-the a&ion, and that the outfianding debts had been afigned to Kunckd, fo as to, veft in. him the whole intereft in the e- -vent of the a&ion. It was alfo fiated that Kunckel was about tM depart from .the Unifed States; brut that Boom had no fuch inter- tion. The /itorney General, for the defendant, objeled, that, by thus -affigning the intereft in an aaion to a- going foreigner, a fpecial Court, and anf early judgment, might always be within reach, to the prejudice 'not only of the defendants but of other creditors. And upon this round TH'S CouRT unanimoufly'refufed the prayer of 'theqetitionl . - .The plaintiff's counfel then moved, that he ought not to be de- prived ofhis bail by this application; which, requiring a declaration to be preyioufly filed, 4amounted to an acceptance of a common ap- pearance. In the jullice of i'ii motion, THE CoVrI'r concurred, and ac- cordingly dire&ed a rule to be entered, that the delendant-give bail in two months, or a'Procedendo. Rawle tor the 'plaintiff.-Bradford for the defendant. . x 69P

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