Commonwealth v. Griffith
Massachusetts Supreme Judicial Court
This was an indictment for an assault and battery and false imprisonment committed on the body of a negro, named Randolph, in the town of New Bedford. A trial was had upon the general issue, and the allegations in the indictment were proved. The defence set up, and which was also proved, was, that Randolph was a slave, formerly the property of one M‘Carty, of the State of Virginia, who was now deceased ; Randolph having fled from his service in his lifetime.
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This was an indictment for an assault and battery and false imprisonment committed on the body of a negro, named Randolph, in the town of New Bedford. A trial was had upon the general issue, and the allegations in the indictment were proved. The defence set up, and which was also proved, was, that Randolph was a slave, formerly the property of one M‘Carty, of the State of Virginia, who was now deceased ; Randolph having fled from his service in his lifetime. It was in evidence, that Randolph came to New Bedford four or five years ago, and that he had a dwelling-house there, which he had…
1Opinion of the Court
Parker C. J.
delivered the opinion of a majority of the Court, in substance as follows. The first question is, whether the defendant was duly empowered as an agent, to reclaim the slave. We do not decide whether a scrawl is a seal, though probably it would not be so considered in this State.* 1 *19But we think that a letter of attorney was not required, to communicate power to this agent. In general, a seal is not necessary, except to authorize the making of a sealed instrument. A common letter or a parol authority is sufficient for making many important contracts. The words of the statute are,…
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