wife with refpeft to debt incurred by the flave for a deftru&ion of property
; for that attaches to his perfon, and he may be fold on account
o f i t ; as fuch deftruflion is a fpecies o f offence ; and the deftruftion
of a flave’s perfon, in confequence of an offence, does not depend
upon his mafter’ s licence [for the .perpetration of the offence.]— The
argument of our doctors, in fupport of the contrary opinion, is that
the obligation of a debt incurred by a licenced flave evidently refts
upon his maffer alfo; for fuch debt is contracted by the flave in confequence
of trade, and in that he has engaged with his maffer s concurrence.—
The obligation of his debts, therefore, being evident iu
regard to the maffer, they confequently attach to the flave’s perfon,
for the fatisfa&ion of his [the flav'e’s] creditors.; -in the fame manner
as a debt of refponfibility for compenfation attaches to the perfon of a
flave in eafe of his deftröying the property of any one,— the reafon of
which is, that people may be protected from injury, and the fame
reafon obtains in the cafe here confidered.— Debt, therefore, contracted
by the flave in queftion, attaches to his perfon on this ground,
that it is occafioned by trade, and fuch trade is engaged in and carried
on with the mafter’s concurrence.— Befides, the circumftance of the
flave’s perfon being liable for debts contracted by him in the courfe of
trade is a motive to people to tranfaCt bufinefs with him; and for this
reafon it may be concluded that the maffer defigned it [the flave s
perfon] fhould be fo liable:— neither is this injurious to the maffer, as
the injury to him is remedied, or prevented by the article fold being included
in his right of property*.— As, moreover, the debt’s attaching
to the flave’s acquifitions is no ways repugnant to its attaching to his
perfon, it therefore attaches to both;— the payment of them, however,
being firft made out of his acquifitions, and i f thofe prove in-
* T h e expreffion in this place is fomewhat obfcurc.—-It moft probably means that
upon the flave being fold for the difcharge o f his debts, as the fale is executed oftenflbly on
behalf o f the mailer, he is confequently entitled to any excels which may remain from the
price after the debts have been paid.
fufficient,
fufficient, then by means o f his perfon.— It is to be obferved that the
debts here treated of mean thofe occafioned by aCtual trade, fuch as
purchafe and fale, or by fome tranfaCtion which is trade in effeCt,
fuch as hiring, or letting to hire, or refponfibility, or a truft or de-
pofit where they are denied by him,— or by a fine o f trefpafs incurred
from his having copulated with a female flave whom he had purchafed,
but who afterwards proves to be the property of another; (for as the
obligation of fuch fine has been induced by the purchafe of the female
flave, it is confequently referred thereto.)
U p o n a licenced flave being fold for the difcharge of his debts, his
price is divided among the creditors in proportion to their refpective
claims ; becaufe their right is connedted with the flave’ s perfon ; and
the connexion of their right with his perfon is the fame as with the
eftate of a defundt.— If, therefore, the price produced by the lale
prove infufficient for the difcharge o f the debts, the refidue is claimable
from the flave upon his attaining freedom; becaufe the debts
have been effabliffied upon his credit, and his perfon has proved unequal
to the payment of them:— but he cannot be fold a fecond time
for the payment of the remaining debt; for if he were to be fold again,
after having been already purchafed by fome perfon, this perfon would
fuftainan injury; and if, moreover, it were known that he is liable
to be fold a fecond time, no perfon would bid for him, and confequently
the firft fale would be altogether prevented.,—It is to be obferved
that the debts contradled by the flave in queftion attach to all
his gains and earnings, whether acquired after they were incurred or
before; and alfo to any thing obtained by him in the manner of a gift;
becaufe his mafter does not become proprietor of his acquifitions until
after they are free of all demands, which is not the cafe until his debts
be paid.— T h e y do not, however, attach to any thing which th ereafter
may have taken out o f his hands before the debts were incurred,
that being purely the property of the mafter, fince the condition
of its fo being had exiftence at the time of his taking it.— The mafter
6
contracted in
the courfe of
trade;
and his price
is divided
among his
creditors in
proportion to
their claims;
he remaining
lefponfiblefor
the deficiency
after he (hall
have become
free.
IS.