Respublica v. Gaoler of Philadelphia County
Supreme Court of Pennsylvania
To a habeas corpus, under the act of 1785, returnable forthwith, to bring before the court the body of negro Robert, Mrs. Mary Weed the gaoler, made return, that the said negro Robert was detained by her under a commitment of Hilary Baker, esq. one of the aldermen of the city of Philadelphia, as the runaway servant of Anne Tharp, the widow of William Tharp, late of the said city, deceased.
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To a habeas corpus, under the act of 1785, returnable forthwith, to bring before the court the body of negro Robert, Mrs. Mary Weed the gaoler, made return, that the said negro Robert was detained by her under a commitment of Hilary Baker, esq. one of the aldermen of the city of Philadelphia, as the runaway servant of Anne Tharp, the widow of William Tharp, late of the said city, deceased. It was admitted, that he was brought into the state in 1779, as a slave for life, was not registered according to the directions of the act 1 ‘ for the gradual abolition of slavery, ’ ’ passed on the 1st…
1Opinion of the Court
Per cur.
We are unanimously of opinion, that the clear intention of the legislature, shewn in the 12th section of the abolition act, will controul the operation of the general words used in the succeeding clause; and that in the cases of free negroes, or mulattos, (for want of being registered by manumission, or otherwise,) born either before, or after the passing of the act, they can be only bound until twenty-one years of age. The 13th section was enacted to prevent the evils which would result from attempts to evade the spirit of the law, by importing negro or mulatto servants into the…
2Cited by1 opinion
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