The Commonwealth v. Chambr E — 4 U.S. 143

4 U.S. 143 4 Dall. 143 1 L. Ed. 776 The Commonwealth v. Chambr e. Supreme Court of Pennsylvania. September Term, 1794 1 AHABEAS corpus was issued to the jailor of Philadelphia , to bring before Judge SHIPPEN, the bodies of Magdalen and Zare , two negro women, committed as the absconding slaves of Mrs. Chambr e . The Judge, after hearing the case opened, adjourned it, for argument and decision, to the Supreme Court, on the 13th of September 1794, when the following facts appeared: 2 Mrs. Chambr e was a widow lady, in the island of St. Domingo , and owned the negroes in question as slaves; but on the conflagration at Cape Francois , she fled, bringing them with her, to Philadelphia ; where she resided five calendar months and three weeks; a period that exceeds six lunar months, in computation of time. She then removed with the negroes to Burlington, in the state of New-Jersey , designing, as it was suggested, to avoid the operation of the act, for the gradual abolition of slavery; but no proof was offered, that she had ever intended to settle in Pennsylvania . The negroes absconding from Mrs. Chambr e , came to Philadelphia ; and now they asserted their freedom, under the 10th section of the act, which declares all unregistered negroes and mulattoes to be free, 'except ( inter alia ) the domestic slaves attending upon persons passing through; or sojourning in this state, and not becoming resident therein: provided such domestic slaves be not aliened, or sold to any inhabitant, nor retained in this state longer than six months.' 1 vol. State Laws , 841. Dall. edit. 3 For the negroes, it was contended, that, upon authority, the general legislative expression, must be construed to mean lunar , and not calendar , months: for which were cited, 5 Co. 2. Cro. J. 167. 1 Stra. 446. 2 Bl. Com. 141. 3 Burr. 1455. Doug. 446. 463. And that, even if the computation by calendar months were more usual at common law, a different construction would be adopted in favour of liberty, and to prevent an evasion of the most honourable statute in the Pennsylvania code. Harg. Co. Litt. 145. b. (2) 4 THE COURT. 5 But the COURT (stopping the counsel for Mrs. Chambr e ) said, that they were, unanimously, of opinion, that the legislature intended calendar months; that the same expression, in other acts of the general assembly, has uniformly received the same construction; Brudenell et al. v. Vaux et al. 1 that there was nothing illegal, or improper, in the conduct of Mrs. Chambr e , on the occasion; and that, therefore, the negroes must be remanded into her service. 6 Lewis, Ingersoll , and Franklin , for the negroes. 7 M. Levy , for Mrs. Chambr e . 1 This oase has been reported in 2 Dall. Rep. 302.

Public-domain opinion of the United States Supreme Court, reproduced from the court record (U.S. Reports). Historical text may contain OCR artifacts. Provided for reference — not legal advice.