In 1780, Pennsylvania had passed a law for gradual abolition of slavery, and Tilghman as a justice ruled in several freedom suits. The law required the registration of existing slaves at the time, who were considered "servants for life," and of children born in future years to former slave women now considered servants for life. While legally free at birth, such children were required to provide 28 years of what was effectively indentured service to their mother's master before attaining full freedom as adults. Questions related to registration and its influence on freedom of individuals came to be settled by judicial interpretation. Tilghman eventually dominated the court.[3]
Before him, justices had argued that the registration requirements of gradual emancipation law should be strictly construed, and resolved in favor of liberty for plaintiffs. Tilghman disagreed and as early as 1810, began to move the court to a more neutral stance that gave more weight to property rights.[3] After about a decade, he appeared to consider the act to be in aid of "adjustment of interests." In two freedom suits, he demonstrated his agreement with the "legislative recognition of masters' qualified property rights."[3] When John B. Gibson succeeded Tilghman as Chief Justice, he argued more in favor of liberty in such cases.[3]
In 1811, perhaps because of his campaign for election as governor, Tilghman began emancipating slaves he still held on plantations in Maryland, but he was overall a weak anti-slavery figure.[3]
Death
Coat of Arms of William Tilghman
Tilghman died on April 29, 1827, in Philadelphia.[1]
^Secretary of State of Maryland (1915). Maryland Manual 1914–1915: A Compendium of Legal, Historical and Statistical Information relating to the State of Maryland. Annapolis, Maryland, USA: The Advertiser-Republican.