University of Virginia Library

IN THE SAME TERM OF September, 1790.
(p. 120.)
The STATE against JOSHUA FARLEY.

ORDERED, that a Habeas Corpus do issue, directed to the said Joshua Farley for the Body of Negro

He thought this might be sufficient to say on the present Occasion, but he would go further, and say that in his Opinion, at the Death of the Testator, the two Negro Women were not Slaves, no body at that Time had that absolute Property in either, which distinguishes the Slave from what we call a Servant, and the Retention of the temporary Interest excludes that Supposition intirely—The Argument made use of by the Counsel for the Claimant, from the Word sell, might have had some Weight if it had not been coupled with and explained by the particular Time to which it applies, but taken together, it is of no kind of Consequence, neither could he give his assent to the Idea suggested that both were Slaves until the Expiration of the Fifteen Years : Indeed the thought in his Opinion was absurd, for he had no other Idea of a Slave but where, the Servitude is perpetual, or in other Words for Life—Neither did he see the Impropriety of supposing, that the Right to Freedom subject to the Temporary servitude, might vest in the Negro at the Death of the Testator—If this be so, and if the Misbehaviour of the Mothers were not to affect themselves, he could not bring himself to entertain an Opinion that it should affect their innocent offspring and make them Slaves : all that Anderson bought was the Service of the Mother for a Term of Years, and that too subject to all Risques : As the Party buying, had nothing else in Contemplation, no Construction can be unjust which gives that Right in the fullest extent to him, and if he suffers by his Bargain, it is no more than he undertook to subject himself to, and a Construction of this Nature appeared much more Rational than one which subjects a human Creature to be a Slave for no Fault of his own. For these Reasons the Court were unanimously of Opinion that the Claim of James Anderson is unfounded and the Negro Boy should be liberated from his Custody.

Joseph here on the first Day of the next Term, ex me-Linn.