[75] MS. Abstract of Phila. Co. Wills, Book A, 63, 71, (1693); Will of Samuel Richardson of Philadelphia in Pa. Mag., XXXIII, 373 (1719). In 1682 the attorney-general in England answering an inquiry from Jamaica, declared “That where goods or merchandise are by Law forfeited to the King, the sale of them from one to another will not fix the property as against the King, but they may be seized wherever found whilst they remain in specie; And that Negros being admitted Merchandise will fall within the same Law”. MS. Board of Trade Journals, IV, 124. On several occasions during war negro slaves were captured from the enemy and brought to Pennsylvania, where they were sold as ordinary prize-goods—things. In 1745, however, when two French negro prisoners produced papers showing that they were free, they were held for exchange as prisoners of war—persons. MS. Provincial Papers, VII, Oct. 2, 1745. For the status of the negro slave as real estate in Virginia, cf. Ballagh, Hist. of Slavery in Virginia, ch. II. In 1786 the Supreme Court of Pennsylvania decided that “property in a Negroe may be obtained by a bona fide purchase, without deed.” 1 Dallas 169.
[76] “An Act for the trial of Negroes.” Stat. at L., II, 77–79. Repealed in Council, 1705. Ibid., II, 79; Col. Rec., I, 612, 613. Passed again with slight changes in 1705–1706. Stat. at L., II, 233–236.
[77] “An Act for the better regulating of Negroes in this Province.” Stat. at L., IV, 59–64. It became law by lapse of time. Ibid., IV, 64.
[78] “An Act for the better regulating of Negroes in this Province.”, section 1. Stat. at L., IV, 59.
[79] Cf. Enoch Lewis, “Life of William Penn” (1841), in Friends’ Library, V, 315; J. R. Tyson, “Annual Discourse before the Historical Society of Pennsylvania” (1831), in Hazard’s Register, VIII, 316.
[80] MS. Minutes Court of Quarter Sessions Bucks County, 1684–1730, P. 375 (1703); MS. “Bail, John Kendig for a Negro, 29. 9br 35,” in Logan Papers, unbound; “An Act for the trial of Negroes,” Stat. at L., II, 77–79 (1700), 233–236 (1705–1706); Col. Rec., III, 254; IV, 243; IX, 648, 680, 704, 705, 707; X, 73, 276. For the commission instituting one of these special courts (1762), see MS. Miscellaneous Papers, 1684–1847, Chester County, 149; also Diffenderffer, “Early Negro Legislation in the Province of Pennsylvania,” in Christian Culture, Sept. 1, 1890. Mr. Diffenderffer cites a commission of Feb. 20, 1773, but is puzzled at finding no record of the trial of negroes in the records of the local Court of Quarter Sessions. It would of course not appear there. Special dockets were kept for the special courts. Cf. MS. Records of Special Courts for the Trial of Negroes, held at Chester, in Chester County. The law was not universally applied at first. In 1703 a negro was tried for fornication before the Court of Quarter Sessions. MS. Minutes Court of Quarter Sessions Bucks County, 1684–1730, p. 378.
[81] Col. Rec., I, 61; II, 405, 406.
[82] “An Act for the better regulating of Negroes,” etc. Stat. at L., IV, 59. For an instance of such valuation in the case of two slaves condemned for burglary, see MS. Provincial Papers, XXX, July 29, 1773. The governor, however, pardoned these negroes on condition that they be transported.
[83] “On the trials Larry the slave was convicted by a Jury of twelve Men and received the usual sentence of whipping, restitution and fine according to law.... This case is published as being the first instance of a slave’s being tried in this state by a Grand and Petit Jury. Our constitution provides that these unhappy men shall have the same measure of Justice and the same mode of trial with others, their fellow creatures, when charged with crimes or offences.” Pa. Packet, Feb. 16, 1779. Nevertheless a commission for a special court had been issued in August, 1777. Cf. “Petition of Mary Bryan,” MS. Misc. Papers, Aug. 15, 1777.
[84] Stat. at L., X, 72. What was the standing of negro slaves before the ordinary courts of Pennsylvania in the years between 1700 and 1780 it is difficult to say. They certainly could not be witnesses—not against white men, since this privilege was given to free negroes for the first time in 1780 (Stat. at L., X, 70), and to slaves not until 1847 (Laws of Assembly, 1847, p. 208); while if they were witnesses against other negroes it would be before special courts. Doubtless negroes could sometimes seek redress in the ordinary courts, though naturally the number of such cases would be limited. There is, however, at least one instance of a white man being sued by a negro, who won his suit. “Francis Jnoson the Negro verbally complained agst Wm Orion ... and after pleading to on both sides the Court passed Judgment and ordered Wm Orion to pay him the sd Francis Jnoson twenty shillings” ... MS. Ancient Records of Sussex County, 1681 to 1709, 4th mo., 1687. Before 1700 negroes were tried before the ordinary courts, and there is at least one case where a negro witnessed against a white man. Ibid., 8br 1687.