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the same subject, were then incorporated without any alteration. This however, could not affect their meaning, which is still to be sought after by considering the component acts in their separate state. At any rate it cannot affect the condition of the plaintiff, who was born in 1742, which was six years before it was made. The same may be said of the law of 1753, which is copied from 1748, with only the addition of some new matter, foreign to the present question. So that on the laws of 1705, and 1723, alone, it is to be determined; with respect to which I have endeavored to shew;

That the first of them subjected to servitude, the first mulatto only.

That this did not, under the law of nature, affect the liberty of the children,

Because, under that law we are all born free.

Because, the servitude of the mother was founded on compact, which implies maintenance of her children, so as to have them under no obligation to the master.

And because, this descent of condition from parent to child, would introduce a contradiction where the one parent is free, and the other in servitude.

That as little are they affected by the words of the act, “children shall be bond or free, according to the condition of the mother." Because that act uses the word "bond," so as to shew it means thereby those only who are perpetual slaves, and by the word "free" those who are entitled to freedom in præsenti or in futuro; and consequently calling the mother "free," says her children shall be free."

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Because it would make servants of the children of white servants or apprentices, which nobody will say is right.

And because the passing the act of 1723, to subject the child to servitude, shews it was not subject to that state under the old law.

And lastly, that the act of 1723, affects only "children of such mulattoes," as when that law was made were obliged to serve till thirty-one; which takes in the plaintiff's mother who was of the second generation, but does not extend to himself who is of the third.

So that the position at first laid down is now proven, that the act of 1705, makes servants of the first mulatto, that of 1723, extends it to her children, but that it remains for some future legislature, if any shall be found wicked enough, to extend it to the grandchildren and other issue more remote, to the "nati natorum et qui nascentur ab illis.”

TO THOMAS ADAMS,1 MERCHANT.

CHARLOTTESVILLE, July 11: 1770.

DEAR SIR,-I take the liberty of interceding for your friendly aid to mr James Ogilvie, a gentleman of my acquaintance now in London. Purposing last fall to go to Britain for orders he made the usual application to the commissary for his recommendatory letter to the bishop. This man, partly from an evil disposition to defeat the wishes of some gentlemen, no favorites of his, who bore a warm friendship to mr. Ogilvie, and partly from that elation of mind which usually attends preferment without merit and which has no other object in view but to hang out to the world it's own importance, peremptorily refused his recommendation. The cause of refusal which he assigned unfortunately gave the lie to his own conduct of a few weeks before. He thought Ogilvie not qualified for the sacred function because he did not possess a critical knowledge of the Greek; tho' but a very few weeks before he had thought his sadler properly qualified who was not only a stranger to the characters, but perhaps even to the present existence

This and the following letter are from copies kindly furnished by Miss Sarah N. Randolph.

of that language. He did however condescend to promise Ogilvie that he would not oppose his ordination with the bishop; a promise which seems to have been made with no other than the wanton purpose of sporting with truth: for tho' Ogilvie sailed within. a few days after receiving this promise the commissary's letter found means to be before him, and to lodge with the bishop a caveat against his ordination. Here then the matter rests, till his friends can take proper measures for counteracting the designs of this worthy representative of episcopal faith; and as he is obliged to remain in London in the mean time and probably went unprovided for so long a stay, I would ask the favor of you, and I shall deem it a very great one, to procure him credit with your mercantile friends in London for any monies of which he may be in need, for the repaiment of which I enter myself security. I do not know that I can proffer you any reward for this favor, other than the sublime pleasure of relieving distressed merit, a pleasure which can be properly felt by the virtuous alone. I would hope at the same time that the receipt of interest might prevent any pecuniary injury from such advancements. Should you find it convenient to lend such assistance you will be pleased to give mr. Ogilvie notice of it by a letter directed to him at mrs Ballard's Hungerford street in the Strand. I would also beg in that case that you would embrace the first opportunity of doing it, as we are totally in the dark what may be the necessaries of his situation. You will be pleased to excuse the freedom and perhaps impropriety of this applica

tion. My feelings are warm in the cause of this gentleman, and having no connections or correspondence on that side of the water I apply to the single friendship from which I could hope effectual aid to any person there in whose welfare I am interested. Nevertheless if this aid should be attended with inconvenience I expect and insist that you shall decline it with the same freedom with which I ask it. And be assured that I am with much sincerity your friend & humble servt.

TO PEYTON RANDOLPH.

ALBEMARLE, July 23, 1770.

HONORABLE SIR,-I am to beg the favor of your friendly interposition in the following case, which I hope you will think sufficient to excuse the freedom of the application. Some time last fall mr Jas Ogilvie purposing to go for orders made the usual application to the commissary for his recommendatory letter to the bishop. The commissary finding him somewhat deficient in his Greek expressed some doubts whether he could recommend him. Ogilvie to remove them did without thought to be sure make use of a very unfortunate argument, mentioning to the commissary the case of Stevenson who without understanding a word of Greek had been lately recommended. The commissary took flame at the hint and peremptorily refused his recommendation. In several subsequent visits Ogilvie attempted to soften him and did at length prevail so far as to obtain a promise that he

would not oppose his ordination with the bishop. With this assurance, and with an actual nomination to a parish in his pocket he took his departure. But whether the commissary's frame is such as that he does not feel the obligations of an engagement or whether he really thought he had done wrong in entering it I cannot say, but before Ogilvie reached London he had lodged a letter with the bishop in which were these words "mr Ogilvie applied to me last spring for a recommendation to your Lordships for holy orders. For reasons which then existed I refused him. He has now applied to me a second time, as these reasons are not removed I have denied him again but he goes home in opposition." Nothing could have been more artfully contrived [?] to do him a prejudice. The bishop observed to Colo Mercer, who had espoused Ogilvie's interest with some warmth that had mr Horrocks mentioned his objections, it would have left him to judge whether they were such as he might have overlooked; but that a charge so general laid his whole character open to censure in such a manner as to put it out of his power to vindicate it. This young gentleman seems to have been guided thro' life by the hand of misfortune itself. Some hard fatality which presides over all his measures has rendered abortive every scheme which either his prudence or the anxiety of his friends have ever proposed for his advancement. His present undertaking was peculiarly unfortunate. Before he went to London he paid a visit to his father a presbyterian minister in Aberdeen, who received him with all the

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