August 16th 1705
Present
His Excellency Edwd Nott Esqr
&c
Edmund Jenings
Robert Carter
Jn° Lightfoot
James Blair Commissary
Dudley Diggs
Philip Ludwell &
Benjn Harrison
Wm Churchhill Esqrs
Robert Carter Esqr took ye Oath
appointed by act of Parliament…
:
:
The Petition of John Bunch and Sarah Slayden praying that
the minister of Blissland Parish may be ordered to publish the Banns between the
Petrs in order to their marriage, wch he hath hitherto
refused on pretence of the sd Bunch's being a Mulatto, was read, and
referred to Mr Attorney General to report his opinion whether the
Petitioners case be within the intent of the Law to prevent Negros & White
Persons intermarrying to ye next meeting of the Council.
The proceedings of the Council yesterday and this day was
read over and approved.
Resolved
That a Council be held here on the fourth day of September
next and that notice be given to ye Gentlemen of ye
Council that are now absent, to give their attendance.
At a Council held at her Majesty's Royal
Capitol
the 4th day of September 1705
Present
His Excellency Edwd Nott Esqr
&c
Edmund Jenings
Mr Commissary Blair
John Lightfoot
Philip Ludwell
Dudley Diggs
Henry Duke &
Benjn Harrison
Wm
Churchhill Esqrs
Robt Carter
Upon reading a Lettr from the Governor of
Maryland…
:
:
In obedience to an order of this Board dated the 16th
of August last, Mr Attorney Genll reported his opinion on
the Petition of Jno Bunch & Sarah Slayden as followeth
September ye 4th 1705
“
Upon perusal of a Petition of John Bunch & Sarah Slayden to his “Excellcy
Edwd Nott Esqr &c and upon perusal of an Act of Assembly
of “this Colony entituled an Act for suppressing Outlying Slaves; I am of
“opinion & do conceive that ye sd Act being Penal is
Coercive or “restrictive no further then the very letter thereof, and being
wholly “unacquainted with the Appellations given to ye issue of such
mixtures, “cannot resolve whether the issue begotten on a White woman by a
“Mulatto man can properly be called a Mulatto, that name as I conceive “being
only appropriated to the Child of a Negro man begotten upon a “white woman, or
by a white man upon a negro woman, and as I am told “the issue of a Mulatto by
or upon a white Person has another name viz “that of, Mustee; wch if
so, I conceive it wholly out of the Letter (tho it “may be conjectured to be
within ye intent) of the sd act, The which (as “abovesd
being Penal) is, as I conceive not to be construed beyond ye “letter
thereof.
S. Thomson, A G
Upon consideration of which Report, and that the Petitionrs
Case is matter of Law, It is therefore ordered that the Petition of the said
Bunch and Slayden be referred till next General Court for Mr Attorney
to argue the reasons of his opinion before his Excellcy and ye
Council.
The Council adjourned till tomorrow morning 9 oclock.