Loudon v. Charles Scott. Jury Instructions
Negroe Loudon
agt
Charles W. Scott.
Upon the trial of this cause evidence was offered on the part of the plaintiff to the Jury, to prove that he was brought by the father of the defendant from the State of Maryland into the Town of Alexandria in the year 1802 about the latter part of the month of July in that year. That the Father of the defendant then claimed ownership over the said slave Negroe and hired him out in the Town of Alexandria until his death which happened about Christmas 1802 and he the said negroe has continued until his death which happened about Christmas 1802. to reside in the Town of Alexandria ever since except three[?] weeks in April 1803. And that the said defendant received hire of the said slave for the months of april may & june and thereafter under his own contracts. Evidence was then offerd on the part of the defendant to prove that he had a title to the said Negroe Slave as early as the year 1800 and that the defendant removed himself to the Town of Alexandria in the Month of June 1803 and after his removal, to wit on the 5th of July 1803 he the said defendant took the Oath here following Oath to wit (here insert the Oath) before A. Faw Esqr. a Justice of the peace for the County of Alexandria.
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Whereupon the Counsel for the defendant Plf. prayd the Court to instruct the jury that if they should believe the evidence before stated to be true, that then the affidavit before mentioned did not protect the property of the said defendant, or destroy the claim of the said Plaintiff to his freedom.
If the Slave has been kept in Va. Twelve moths he thereby becomes intitled to his freedom, the Masters subsequent removal and taking the Oath, will not deprive him of the right to his liberty before acquired. but if the Slave had not been kept in Va Twelve months, before the removal of the Master, then if the Master takes the Oath required by Law, he has a right to hold the Slave in Virginia, untill the negro is kept 12 months in Va. the master has a right to remove him, so if he [illegible] removes to Virginia he has a right to hold him in Va as a Slave
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The defendant offered evidence to shew that the negroe slave plaintiff was in the month of Sepr. 1800 purchased by hire[?] of Thomas Contee, and produced the said bill of sale which is in the words following. The defendant also offered evidence to shew that the first time the plaintiff was seen in Alexa. was in July or August 1802 in the possession of the defendant's father and that bringing the said plaintiff & the said possession of the said plaintiff plaintiff by the defendant's father was not the with the consent or kno of or knowledge of the defendant. The defendant also offered evidence to shew, that the said plaintiff was in the month of March[?] 1803 carried to the state of Maryland, and in that state on the 31 day of March[?] 1803 he hired the plaintiff to Wm Stoops who was then working in the state of Maryland. That the said Stoops remained with said negroe in the state of Maryland for three weeks, and then was brought him by Stoops to Alexandria where he has remained remained with the said Stoops one week longer the balance of the time for which he has hired the said negroe. That about the 31 of April the 1803 the defendant being himself living in the state of Maryland, hired the said negroe in Alexandria and under his ┴
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own contracts have has received the hire for the said negroe ever since. That the said negroe has remained in Alexandria ever since the time when William Stoops brought him from Maryland which was in April 1803 untill the bringing of the present action The defendant prov offered also to prove that he came from the state of Maryland to reside in Alexandria in the month of June 1803, and that he suffered the said negroe to remain in Alexandria after he was brought there by William Stoops, intending himself to remove to Alexandria. The defendant also produced in evidence the certificate of Importation and affidavit made by him before a Justice of the peace for the County of Alexandria on the 5th of July 1803, which is in the words & figures following to wit.
Negroe Loudon
vs:
Ch: W: Scott
