An
Act to ascertain and declare the condition of such Issue as may
hereafter be born of Negro or Mulatto Female Slaves, during their
servitude for Years, and for other purposes therein mentioned
Laws of 1809, Chap. 171. Archives of Maryland Online vol. 570, p. 117.
GENERAL ASSEMBLY (Laws, Original) 1809, Chap. 171, MdHR 6-97 [MSA S966-98, 2/12/1/7].
Members of General Assembly, 1809 Session
See also: Jessica Milward, "'That All Her Increase Shall Be Free': Enslaved Women's Bodies and the Maryland 1809 Law of Manumission." Women's History Review (21:3 (2012), 363-378.
Related Caselaw
Negro William, et al. v. Edward Reynolds, 14 Md. 109 (1859).
House Journal
16 November 1809, p. 22:
Leave granted to introduce, on motion of Del. J.E. Spencer; assigned to committee of Dels. J.E. Spencer, Worthington, J. Thomas.
5 January 1810, p. 112-113:
2nd
reading; amendment replacing 3rd section proposed by Del. Bland;
rejected 11-46; bill put to vote; passed 48-8; sent to Senate
Proposed amendment
"That
in all cases where any female slave is or has been declared by will,
deed, or otherwise, to be free at a certain age, or after a servitude
for a certain period of time, or to be free after the lapse of a
certain time, or on a certain day or time, or on the happening of a
certain event, in every such case the issue of such female slave, born
during such period between the time when such female slave was declared
to be free as aforesaid and the time when such female slave shall
become actually and absolutely free, shall be deemed taken, and held as
servants, according to the custom of the country, until such issue
shall arrive at th age of twenty-five, if a male, or at the age of
twenty, if a female; and such issue, until he or she shall arrive at
the age aforesaid shall be held by, belong to, and be the servants of
the person or persons who were the owner or owner of the mother of such
issue at the time he or she was born."
Text as adopted:
"That
if any person after the first day of February aforesaid, shall make a
last will and testament, or execute any deed of manumission, whereby
any negro or mulatto female slave shall be declared free after a
service for years, or at any specified age, or upon the performance of
any condition, or on the event of any contingency, and such. person, in
their said last will and testament, or deed of manumission, shall not
fix or limit the state and condition of the issue that may be born of
such negro or mulatto female slave, that then the state and condition
of such issue shall be that of a slave, any law, usage or custom, to
the contrary notwithstanding."
6 January 1810, p. 116:
Engrossed.
7 January 1810, p. 121:
Engrossed bill assented to and sent to Senate
8 January 1810, p. 127:
Bill signed.
Senate Journal
5 January 1810, p. 40-41:
Bill received from the House; 1st reading; rules suspended and bill put to vote; passed 5-4
For: Sens. Lowrey; Bowie; Lloyd Dorsey; Glenn; Partridge
Against: Fenwick; Gibson; McElderry; Whitely
7 January 1810, p. 45:
Engrossed bill assented to.
8 January 1810, p. 50:
Bill signed.