Commonwealth ex rel. Stephens v. Clements
Supreme Court of Pennsylvania
r | ''HIS was a habeas corpus issued to Joseph Clements, to bring up the body of Susan Stephens, in his custody, together with the cause of her detainex*. The defendant made return, that he held her as a servant by indenture dated the 3d September 1813, by which she bound herself to serye him for the tei-m of three years. The writ was returnable before the Chief Justice; and in consequence of its novelty, the case was heard before the whole Court.
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r | ''HIS was a habeas corpus issued to Joseph Clements, to bring up the body of Susan Stephens, in his custody, together with the cause of her detainex*. The defendant made return, that he held her as a servant by indenture dated the 3d September 1813, by which she bound herself to serye him for the tei-m of three years. The writ was returnable before the Chief Justice; and in consequence of its novelty, the case was heard before the whole Court. It appeared in evidence, that Susan Stephens was a black woman, formerly the slave of William Maxwell of Kent county in the state of Maryland; and…
1Opinion of the Court
Tilghman C. J.
after particularly stating the facts,, delf- _ vered his opinion as follows:
It is not denied by the counsel for Susan Stephens that by the law' of this state, a negro slave under the age of twenty-one years, may in consideration of a manumission bind herself till the age of twenty-eight years, or for the term of seven years, if above the age of twenty-one> at the time of' executing the indenture. But he rests his client’s case on the circumstance of her being a married woman at the time of binding herself. The general principle undoubtedly is, that the deed of a married woman,…
2Cases cited1 opinion
- Hugh Davey Et Ux. v. Peter TurnerSupreme Court of the United States · 1764
3Cited by1 opinion
- Daniel v. SamsSupreme Court of Florida · 1880