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Respublica versus Negro Betsey, et al. U.S. 469 (1789)

handle is hein.slavery/ussccases0070 and id is 1 raw text is: SUFRFjME COURT Of Pennfyl1ania. 469 BRYAN, Jufice:-As I agree entirely in the ,:pinions 7%:n by 1789- the Chief 7ufice, Ior the realigns which lie has agried, I fall col- tent myfeltwith generally declacing, that I thindk the judgment, orr thefe records ought both to be reverfed. BY THE COUR T:-Let the judgments of the Court below, on both records, be fertafide. RESPUBLICA verfus Negro BETSEY, et al. T HIS was a Habeas Corpus ad fibjic.end,,n, which had been :illowed by Mr. juf.iceBRYAN,, and, afterwcards, brought by him before the Court. The cafe was twice argued ; firlt on the 29th of )une 1786, by Bradord, on behalf of Samuel .1oJre, who claimed the negroesas his fervants, and by Lewis, in behalf of the negroes ;- and a fecond time, in April term r 7o. by the fame coun- fel lor the claimant, and by Ingerhil and F7,I/her for the dendants. The Court havit!g heldthe matterunder atd'ifement till the prefent tarm, the Judges delivered their opinions feparately, in thefollow- ing.order; the Chief juflfice flating the circum-(tances of the caf, and the arguments of the Counfel, in tire couriof his obfervations. IE A IN, C'hi1fVjuflice:-The negro Bey'y, for whom the Ha- heas Csrpus idiied (and upon whofe fate, that of the two other ne-. groes dtpends) was born before the zii of zA-rc, xTS, tj w:t, in the year 1779. and her name, age, fe.; &z. were nor re,,iffered in the office of z.e Clerk of the Peace of the county ofr, in which the mafter, Samuel eAr'f2re, then inhabited, on, or before, the irt oft r .Mvetber, 178o, agreeably to the direeions of the acof Admbly, entitled, An at for the gradual abolitioti of Slavery, palled on the it of ;Mrch, 78o. See 2 Sate Laws 282. The queftion, that is fibmifed to our conlideration upon thefe faas- is, whetherthe negro can be held as a fervant nntil fheattains t!e age of twent' e;--ht xcars? or, whether fhe is ':!:dl fr-c ? On the part of the ma;ter, it hai been argued, that, although by the fi.-th and tc:'h 1.dftions of the at of Alrembly, the owner, or mailer, of any negro, or. -ulatto, fl-ve, or fzrvan for life, or for thirty one yeirs, then within t:, State, ar hhi lawful atorney; ought to caufe fuchi negro, or mulatto, to be regillered on, or be- lore, the Ilt day of i't.ve-m-r 78o; yet, by the fmurth fcdion, it is provided, that every nearo, or mulatto child, born within t1s State, after the pafling of the a&, who, io caf'e the a,'I had not paiFed, would have been born a fervant for thirty one years, for^ life, or a flave, thould be deermed a fervant until tire age of t.;%ety eight years. It was urged all'b, that the Legiflature could not in- tend a greater favor to negroes and mul:ittoes, born as flaves, or fervants for life, or until the age of thirtyone years, befre the par:- ing of that a&, than to thole Dorn at!.r; that the itdtt;ti:tz of the Legillature is to govern in the confli udtion of this -a&, which, a' W'Cij

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