oduce slaves. Upon hearing this, Baltimore used his influence to
have the law repealed but the abrogation of it was construed by the
Court of Appeals not to have any effect on the status of her offspring
almost a century later when William and Mary Butler sued for their
freedom on the ground that they descended from this white woman. The
Provincial Court had granted them freedom but in this decision the
Court of Appeals reversed the lower tribunal on the ground that "Irish
Nell" was a slave before the measure repealing the act had been
passed. This case came up again 1787 when Mary, the daughter of
William and Mary Butler, petitioned the State for freedom. Both
tribunals then decided to grant this petition.[455]

The act of repeal of 1681, therefore, is self explanatory. The
preamble reads: "Forasmuch as, divers free-born _English_, or white
women, sometimes by the instigation, procurement or connivance of
their masters, mistresses, or dames, and always to the satisfaction of
their lascivious and lustful desires, and to the disgrace not only of
the _English_, but also of many other Christian nations, do intermarry
with Negroes and slaves, by which means, divers inconveniences,
controversies, and suits may arise, touching the issue or children of
such free-born women aforesaid; for the prevention whereof for the
future, _Be it enacted_: That if the marriage of any woman-servant
with any slave shall take place by the procurement of permission of
the master, such woman and her issue shall be free." It enacted a
penalty by fine on the master or mistress and on the person joining
the parties in marriage.[456]

The effect of this law was merely to prevent masters from prostituting
white women to an economic purpose. It did not prevent the
miscegenation of the two races. McCormac says: "Mingling of the races
in Maryland continued during the eighteenth century, in spite of all
laws against it. Preventing marriages of white servants with slaves
only led to a greater social evil, which caused a reaction of public
sentiment against the servant. Masters and society in general were
burdened with the care of illegitimate mulatto children, and it became
necessary to frame laws compelling the guilty parties to reimburse the
masters for the maintenance of these unfortunate waifs."[457] To
remedy this laws were passed in 1715 and 1717 to reduce to the status
of a servant for seven years any white man or white woman who
cohabited with a