¶1The sale in this case is within the principle of Fish v. Fitcher, and an evasion of the act of 1788.-— Under that law, the negro acquired a right not to be sold ; an important right which secured him against a change of master: he also acquired a further right of being free, if that right was invaded. These rights the proviso of the repealing act of 1801 continued to him unimpaired, for it is not possible to suppose that the legislature intended to leave all slaves imported between June 1785, and October 1801 out of the protection of every law. Judgment must therefore be for the plaintiff.
3 Cai. Cas. 325
Link v. Beuner
Decided November 15, 1805
New York Supreme Court · decided 1805-11-15
THIS was an. action to recover the amount, paid for the services of a negro man named Bartley, and brought up On the following case. By an act of the legislature passed in If83, proprietors introducing slaves into this state, after the 1st day of June, 1785, were prohibited from selling them as slaves, and such persons if “ sold contrary to the true intent and meaning of “ the act,” were declared to be free.
Decided 1805-11-15