 | Cases adjudged in the Supreme Court of New-Jersey; relative to the
manumission of Negroes and others holden in bondage. |  |
IN THE SAME TERM OF September, 1790.
(p. 141.)
The STATE against JAMES ANDERSON.
On Habeas Corpus of Negro Silas claiming his Freedom.
Returnable Saturday 11th September, and returned accordingly.
The Defendant appears with the Negro, to do and receive, &c. pursuant to Recognizance.
THE Case stated by Counsel for, the Opinion of the Court is as follows, That on the fourth Day of December, 1761, John Horsfield was entitled to Two Negro Girls, named Betty and Nelly as Slaves ; and on the said fourth Day of December by his last Will and Testament, (then dated) made the following Devise, “Item, my Two Negro Girls named Betty and Nelly, I leave to be sold by my Executors, hereafter named, for the Term of Fifteen Years, and at the end of that Time to be free, and
The Court having considered the above State of Facts, are are unanimously of Opinion, That on the Death of John Horsfield the Testator, Betty ceased to be a Slave, that she ceasing to be a Slave, no Child born of her Body can be deemed so by the Birth of such Child during the Fifteen Years, and that the Claim of James Anderson to hold the said Negro Silas as a Slave, is not warranted by Law : Wherefore it is ordered, That the same Silas be liberated from the illegal Detention of the same James Anderson, and he is hereby liberated accordingly, ex motione J. Bloomfield, Attorney-General.
The Attorney-General, Fisher, Howell and Todd for the negro.—R. Stockton and Frelinghysen for defendant.
NOTE. Chief Justice Kinsey, in giving the Opinion of the Court said, BY the words of the Will taken together, It appears that the Testator intended to increase the Daughters' Portions, to effect this Purpose, he ordered the Mother of the Negro now before the Court, and another, to be sold by his Executors for the Term of Fifteen Years, and every Construction which will not detract from this Intention should be made in a Case of this Nature—It is also evident that the Testator foreseeing probably, that some Means might, after his Death, be made use of to frustrate his benevolent Design, took care to guard against it, by ordering that whoever should purchase these Negroes, the Purchasers should run all Risques, and be at all the Expence which should arise from their Misbehaviour, the most probable Grounds on which that Attempt might be made—The Chief Justice was of Opinion, that these words take in the Fact which has happened, and the Purchaser ought not to avail himself of it by making a Slave of the Child—
| Cases adjudged in the Supreme Court of New-Jersey; relative to the
manumission of Negroes and others holden in bondage. | |