APPLICABLE TO INDENTED SERVANTS.

Here it is important to consider, that, besides apprentices, there

was a class of “indented servants” embraced by this clause. From

Bancroft we learn that this species of servitude, under indentures

or covenants, had from the first existed in Virginia. According to

the historian, “the servant stood to his master in the relation of a

_debtor_,” which, be it observed, is not the condition of a slave. From

the same authority we learn that “the supply of white servants became

a regular business,”--that, “like negroes, they were to be purchased

on shipboard, as men buy horses at a fair,”--that “in 1672 the average

price in the Colonies, where five years of service were due, was about

ten pounds, while a negro was worth twenty or twenty-five pounds.”[326]

The Scots captured on the field of Dunbar, royalist prisoners of the

Battle of Worcester, and companions of Monmouth in his ill-starred

insurrection were sent to the Colonies as a merchantable commodity, and

there held in slavery for life or for years.

The other historian of our country, Hildreth, contributes to

our knowledge of this class of servants. According to him, the

importation of indented white persons, called “servants,” or sometimes

“redemptioners,” in contradistinction to negroes, known as slaves,

was extensively carried on as late as 1750, especially in the Middle

States; and he mentions, that the Colonial enactments for keeping

them in order, and especially for preventing their escape, were often

very harsh and severe. They were put, for the most part, on a level

with slaves, but their case in other respects was different. Except

in very young persons, the term of service seldom or never exceeded

seven years, and in all cases it was limited by law.[327] Even during

the Revolution these indented servants appear on the stage. Many

were enlisted in the army, and, yielding to the earnest request of

Washington, Congress relinquished a plan already adopted of stopping a

portion of their pay for the benefit of their masters.[328]

An English Colonial official, Eddis, in a letter from America, dated

September 20, 1770, describes four different denominations of persons

“in a state of servitude”: first, the “negroes,” who are the entire

property of their respective owners; secondly, “convicts,” transported

from the mother country for a limited term; “indented servants,”

engaged for five years previous to leaving England; and “free-willers,”

supposed from their situation to possess superior advantages. These

he proceeds to describe. Of the last class he says, they are received

under express condition, that, on arrival in America, they are to

be allowed a number of days to dispose of themselves most to their

advantage, but, in fact, they are rarely permitted to set foot on shore

until they have bound themselves.[329]

If, happily, at the formation of the Constitution, these servants had

diminished in number, or had ceased to exist as a class, the condition

was not unknown. They were persons “held to service or labor,” and the

provision of the Constitution was strictly applicable to them.

Rejecting the odious application involving the support of Slavery,

we follow received rules and the undoubted genius of the Common Law.

How anxiously judges seek to evade an obnoxious penal statute is

illustrated by a curious case mentioned by Lord Campbell. It was proved

that the defendant, being in a stubble-field with a pointer, fired his

gun at a covey of partridges, and shot two, when the judge, disliking

to enforce the Game Laws, objected that there was no evidence that

the gun was loaded with shot, and advised the jury to conclude that

the birds fell dead from fright.[330] But a clause for the rendition

of fugitive slaves is entitled to as little respect as the Game Laws,

and, when the words employed are applicable to others than slaves, they

should not be applied to slaves.

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