41. Mary Butler v. Adam Craig, 2 Har. & McH. 214 (1791). The decision of the General
Court in 1788 was affirmed by the Court of Appeals in 1791.

42.       Mahoney v. Ashton, 4 Har. & McH 63 (1797). Martin's position appeared to be that

slavery was bad, but as long as it existed in positive law the master was entitled to have
his property rights protected. But slavery's advocates did not seek to go beyond the law.
Whatever the attorneys private sympathies, they conceived their function to secure the
rights of both master and the petitioner for freedom. Thus, lawyers frequently represented
slaves petitioning for freedom in one case and masters opposing such a petition in
another. As early as 1793, Martin represented a master defending against a freedom
petition. Rawlings v. Boston, 3 Har. & McH. 139 (1793). Conversely, he represented a
slave petitioning for freedom in Negro Cato v. Howard, 2 Har. & John. 323 (1808). See
Paul S. Clarkson and R. Samuel Jett, Luther Martin of Maryland 164-7 (1970).

43.       Graham, supra note 11, at 22. After the court decided against their freedom, the indians
alleged that the abolitionists had urged them to escape. See also Brackett, supra note 27,
at 152-3.

44.       Acts of 1791, ch. 75. See Brackett, supra note 27, at 152-3.

45.       Minutes of the Procedings of the Fourth American Convention of Delegates from the
Abolition Societies, 1797, pp. 37-43 reprinted in 6 Journal of Negro History 317. 318
(1921).

46.       Id. The Maryland Abolition Society had 231 members at the time while the Choptank
Abolition Society had 25 members.

47.       See Carroll. supra note 2. The figure of 4000 is arrived at by totaling the separate

tabulations made by Carroll for different time periods between the revolution and 1830.
Carroll notes in several places that many deeds of manumission were for more than one
person, but tabulation in the text above does not take into account multiple manumissions
unless Carroll specified the number manumitted. Consequently, there were probably
even more than 4000 slaves manumitted in these three counties.

48.       Graham, supra note 11, at 23.

49.       Id. See also Silvio Bedini, The Life of Benjamin Banneker (1972). Banneker sent his
almanac to Jefferson in 1791 to convince him that there was no innate difference in
intellect between the races. The almanac and letter led Jefferson to support Banneker as a
surveyor for the District, but did not cause him to change his position. See Miller, supra
note 17, at 75-7.

50.       J. Hall Pleasants, "Joshua Johnston, the First American Negro Portrait Painter," XXXVII
Md. Hist. Mag. 121 (1942).

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