[1] In 1780, Pennsylvania had passed a law for gradual abolition of slavery, and Tilghman as a justice ruled in several freedom suits.

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.

[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] When John Bannister 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.