of the people called
Quakers, residing in the counties of Perquimans and Pasquotank, in the
state of North Carolina, liberated their negroes, as it was then clear
there was no existing law to prevent their so doing; for the law of
1741 could not at that time be carried into effect; and they were
suffered to remain free, until a law passed, in the spring of 1777,
under which they were taken up and sold, contrary to the Bill of
Rights, recognized in the constitution of that state, as a part
thereof, and to which it was annexed.
"In the spring of 1777, when the General Assembly met for the first
time, a law was enacted to prevent slaves from being emancipated,
except for meritorious services, &c. to be judged of by the county
courts or the general assembly; and ordering, that if any should be
manumitted in any other way, they be taken up, and the county courts
within whose jurisdictions they are apprehended should order them to
be sold. Under this law the county courts of Perquimans and
Pasquotank, in the year 1777, ordered A LARGE NUMBER OF PERSONS TO BE
SOLD, WHO WERE FREE AT THE TIME THE LAW WAS MADE. In the year 1778
several of those cases were, by certiorari, brought before the
superior court for the district of Edentorn, where the decisions of
the county courts were reversed, the superior court declaring, that
said county courts, in such their proceedings, have exceeded their
jurisdiction, violated the rights of the subject, and acted in direct
opposition to the Bill of Rights of this state, considered justly as
part of the constitution thereof; by giving to a law, not intended to
affect this case, a retrospective operation, thereby to deprive free
men of this state of their liberty, contrary to the laws of the land.
In consequence of this decree several of the negroes were again set at
liberty; but the next General Assembly, early in 1779, passed a law,
wherein they mention, that doubts have arisen, whether the purchasers
of such slaves have a good and legal title thereto, and CONFIRM the
same; under which they were again taken up by the purchasers and
reduced to slavery."
[The number of persons thus re-enslaved was 134.]
The following are the decrees of the Courts, ordering the sale of
those freemen:--
"Perquimans County, July term, at Hartford, A.D. 1777.
"These may certify, that it was then and there ordered, that the
sheriff of the county, to-morrow morning, at ten o'clock, expose to
sale, to the hi
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