Peggy v. Wilson
Peggy v. Wilson
Opinion of the Court
delivered the opinion of the court.
After a careful examination of the several acts of assembly referred to in the argument, and which have a bearing upon
The 11th section authorizes any citizen of this state who has acquired title to a slave or slaves by marriage, bequest, in course of distribution or as guardian,-to bring such slave or slaves into this state, for the purpose of working or employing such slave or slaves on his land in this state, and not for sale, provided that a list of the slaves so brought in be rendered in the manner directed in the eighth section. The right of sale is given to the owner after the slaves have been residents of this state for the period of three years after the importation. This section requires that a list shall be rendered in the manner directed in' the'' eighth section, and as
The privilege granted by the act of 1818, ch. 201, is nearly similar to the 11th section of the act of 1796 ; and varies only in that provision of it, which restricts or confines the employment of the slave when brought into this state, to the owner’s own immediate service.
By the provision of the act of 1823, ch. 87, the policy of the state upon this subject seems to have undergone a very material change; for by its enactments, the door is thrown entirely open, and all restrictions as to the manner of acquiring title are removed. It provides .that if any citizen of this state, hath acquired or shall acquire, property in any slave or slaves being residents of any of the United States, by marriage, bequest, course of distribution, or as guardian, or by gift, or any other lawful manner, such citizen may at any time remove and bring such slave or slaves, for the purpose only of working or employing such slave or slaves within this state for his own immediate service, and not for any other purpose; provided that, a list of such slave or slaves be rendered in the manner directed by the act of 1796, ch. 67, and the act of 1804, ch. 90, and the act of 1818, ch. 201, to which this act is a supplement. By the provisions of this act, it is manifest, that no regard is had to the manner in which the title originated, or how it was acquired; if it was a lawful title, the requirements of the law are satisfied. The right of removal exists, provided a list be rendered in the manner therein directed. That list we think would be complete and perfect, and if conformed to all the requisitions of the pre-existing laws in every particular, except the statement of the manner of acquiring the title. That statement we think is clearly dispensed with, by the act of 1823, upon every principle of sound and rational construction. While the title which authorized the removal of negroes into this state was special and defined, the reason for specifying the title in the list is apparent, and founded upon good and substantial reasons; but when the right became unlimited, it is
JUDGMENT affirmed.
Reference
- Full Case Name
- Negro Peggy v. Michael Wilson
- Status
- Published