Supreme Court of Judicature of New Jersey.
February Term, 1810.
Penalty for enticing apprentice, extends not to slaves.
The action below, was an action of debt, brought for a penalty under the sixth section of the act respecting apprentices and servants; for enticing away the servant of the plaintiff below, the defendant in this court; who obtained a verdict and judgment for $30, the penalty given by the act. It appeared by the proceedings below, that the servant enticed, or persuaded [page 641] from his master, was slave for life. That the justice, notwithstanding, sustained the action, as he himself states in his record, "that although all servants were not slaves, he considered all slaves as servants."
BY THE COURT.
The justice has mistaken the law; the act respecting apprentices and servants, cannot, in any shape, be construed as extending to slaves; the penalty created by that act for persuading and enticing away any clerk, apprentice, or servant, does not embrace the case of slaves; it must be confined to the subject matter of the act, which is wholly aside from slaves; besides, the act respecting slaves, has made provision on the same subject by creating a penalty for employing, harboring, or concealing a slave.