It is known that in the early 1800's Delaware had both black slaves and Free Blacks. At times both types would be taken against their will and be removed to different state and sold as a slave. The Patty Cannon - Joe Johnson gang was famous for this and locally (Delmar area) James R. Hearn and James Vincent also did it in the 1820s and 1830s.
When these people were charged with the crime, if they took a Free Black person they were charged with kidnapping, if they took a slave they were charged with stealing. If you were free you were a person, if you were a slave you were property belonging to someone and as such you were stolen.