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ALEXANDER WHISTELO. 585

white onet We do not know why—some love the darkness
rather than the light.

But it is said her evidence was meritorious, and for the
good of the community, charitable, and for the good of the
Almshouse. I never before heard of such pious and patriotic
fornication. . .

But if she was disposed to perjure herself, would she not
have laid the child to the richest father as well as to the
fairest :

Perhaps not. Perhaps she wished to establish a partner-
ship according to the enstom of merchants, long used and ap-
proved within this city, to make one a sleeping partner, to
contribute by his friends; the other the active partner, taking
the trouble and responsibility, and giving his name to the
firm. She hes herself averred and proved this partnership,
stated the locus in quo and laid the venue in her bed, and it is
too late now for the counsel to say it was a transitory action
after issue found.

There is another legal view of this matter. The child may
be a negotiable instrument under the statute of Anne, and
one party liable as maker, the other as endorser. It is thus
that commerce is every day encroaching on the common law.
Formerly a bastard was nullius filius, and could have no
father. Now it seems he may have two, unless the Court will
think that it is carrying the commercial principle too far.
Then if the Court will allow only one father to one child, it ix
to be seen whether it will permit another innovation not less
violent, viz: that black men shall be the fathers of white
children by intendment of law. If a white man can say too
black one, get out of that bed, you black devil, till I do this
thing—by division of labor trade will be advanced—you must
do your part of the duty and I mine—I will get the child
and you shall father it—there will be in this manner employ-
ment for us both. Can that, may it please your Honors, be
the lawf

Ag to a complaint made by the gentlemen that we insin-
uated the evidence on his side to be altogether base, if it

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