butler v. hopper

butler v. hopper

1. Butler v. Hopper   4. F. Case 904 (CCD PA. 1806)
2. Statement of Facts
a. Congressman Pierce Butler has lived in free state of Pennsylvania for 11 months of the year for 12 years. Butler owns a slave named Ben Hopper who lives in Butler’s residence in Philadelphia. Hopper seeks his freedom under the principle of emancipation through forfeiture.
3. Procedural History
a. Butler files suit to the circuit court of Pennsylvania to reclaim Hopper as his slave.
4. Cause of Action
a. PA 1780 statute declares that no person of any nation or color, except negroes registered according to the act, shall be held as slaves within the state, but as free, except the domestic slaves attending on delegates in congress from other states and persons passing and/or sojourner through Pennsylvania and becoming a resident.
b. Art. 1 Sec 9 of the U.S. constitution prevents congress from prohibiting slave trade prior to 1808
c. Art. 4 Sec 2 declares that run away slaves must be returned to their masters
5. Issue of questions presented
a. Under PA 1780 statute, does Congressman Butler’s status as a member of congress exempt him from the emancipation?
b. Was Butler a sojourner in Pennsylvania, and therefore entitled to keep slave?
6. Party’s argument
a. Butler [Plaintiff]
i. Congressional exception – “I am a congressman and I’m entitled to keep slaves in Pennsylvania.
ii. Sojourners exception – “I am a South Carolinian who happens to sojourn in Pennsylvania.
b. Hopper [Defendant]
i. Congressional exception – For four years, Butler was not a congressman
ii. Sojourners exception – Butler is a Pennsylvanian to sojourn in Sea Island, South Carolina.
7. Holding
a. No
8. Reasoning of the court
a. Discuss constitutional arguments
b. Explain Hoppers argument in detail
c. Explain why J. Washington discharged with Butlers argument
9. Order
a. Court recognizes Hoppers freedom
10. Dissertation of constitution
a. None
11. Opinion