UpoN the return of a writ of habeas corpus, issued by order of the Court, it appeared that the prisoner, William Richardson, a colored man, was committed, by a warrant, issued by a j ustice of the peace, directed to the marshal, stating that whereas, F. B., a constable, had apprehended and brought before him, Negro William Richardson, “ charged with being a runaway; and whereas no proof has been adduced before me that the said William Richardson is not a runaway; you are hereby commanded to receive into your jail and custody the said William Richardson and him safe .keep until he be thence delivered by due course of law.”

suggested that the old statutes of Maryland were not applicable to this part of the district, nor to the present state of society. They were in general applicable to classes of servants’which do not exist in this county, namely, imported white servants “ by indenture, or according to the custom of the country.” The only statute of Maryland, authorizing the commitment of runaway servants or slaves to the county jail, is the Act of 1615, c. 44, entitled “An Act relating to servants and slaves; ” which, in its preamble, says, “ Whereas there have been several acts provided against servants, runaways, which have hereto proved ineffectual, in regard they do not sufficiently provide encouragement for such person or persons, inhabitants of this province, as should seize such runaways, or servants, by this act deemed runaways. Therefore, for the better discovery, seizing, and apprehending such runaways,

“ Be it enacted-,” See., “ That from and after the publication hereof, no servant or servants whatsoever, within this province, whether by indenture, or according to the custom of the country, or hired for wages, shall travel, by land or water, ten miles from the house of his, her, or their master, mistress, or dame, without a note under their hands, or under the hand of his or their overseer, if any be, under the penalty of being taken for a runaway, and to suffer such penalties as are hereafter provided against runaways.”

This first section, it is evident, is applicable only to servants, as distinguished from slaves. Before a person can be convicted under this section of being a runaway, it must be proved that he is a servant, either “ by indenture,” “ or according to the custom of the country,” “ or hired for wages.” And his master or mistress, and the residence of such master or mistress, must be known, and it must be proved that the servant was found travelling ten miles from the house of such master or mistress. If these things are not proved, the person cannot be convicted of being a runaway ; and if not convicted, he cannot be committed as a runaway.

…

Citation profile

How this case has been treated — in progress