Sarah v. Borders

Citations

• 5 Scam. 341

Syllabus

<p>Appeal from Randolph.</p> <p>1. Slavery — right to correct. Sarah, a woman of color, residing in Illinois, brought an action for trespass vi et armis against D, who pleaded that the plaintiff, at the age of fifteen years, owing service in Kentucky to one A, was brought into the territory of Illinois, in 1815, and within thirty days thereafter, with her own consent, was duly indentured to said A, as his servant, for forty years, before the clerk of the court of common pleas of St. Clair county, in said territory; which indenture was acknowledged and recorded, according to the laws of the territory. That said indenture was afterwards duly assigned to one B, and by him to one C, and by him to D ; all which was done with the consent of the plaintiff, before justices of the peace. Wherefore, in compelling the plaintiff to attend to and perform the ordinary duties of an indentured servant, as aforesaid, in doing his ordinary business, and in compelling her to remain and continue in his service, he was necessarily compelled, at the time and place in the declaration mentioned, to use a little force, restraint, and beating,</p> <p>doing no unnecessary injury to the said plaintiff; which is the same assault, [*342] etc., complained of in the plaintiff’s declaration, etc., Held, on demurrer, that this plea was valid, and contained a good defence to the action. Such indentures were authorized by the acts of the territorial legislature, and have been confirmed by the constitution.</p> <p>2. Statute — office of proviso. The province of a proviso to a statute or constitution is not to enlarge the enacting clause ; it can only restrain, qualify, or explain it.</p> <p>3. Same — construed. Semble, That the acts of the territory of Illinois gave no right to the services of children of registered servants; and the constitution confirmed only such rights as those acts attempted to confer.</p> <p>4. Constitutional Law — vested right. Indentures of negroes and mulattos, under the acts