Sabret Scott v. Ben. Mandate
To the Judges of the Circuit Court of the United States for the District of Columbia in the County of Washington Greeting: Whereas [seal] in the Circuit Court of the United States [seal] the District of Columbia, sitting in the County of Washington, before you or some of you in a cause wherein Sabret Scott was Petitioner Negro Ben was Petitioner and Sabret Scott was Defendant on a Petition for freedom, judgment was rendered by the said Circuit Court in favor of the said Petitioner against the said Sabret Scott, as by the inspection of the Record and proceedings of the said Circuit Court which were brought into the Supreme Court of the United States by virtue of a writ of error agreeably to the act of Congress in such case made and provided fully & at large appears and whereas the said cause came on to be heard before the said Supreme Court in the present Term of February in the year of our Lord one thousand eight hundred and ten, on the Transcript of the Record of the said Circuit Court and was agreed by Counsel all which being seen and inspected, this Court is of opinion that the said Circuit Court erred in instructing the Jury that the Defendant in that Court to entitle himself to prove that the Petitioner resided in some one of the United States for three years previous to his importation, must shew that proof of this fact had been made before the naval officer or Collector of the Tax; It is therefore considered by this Court, that the judgment of the said Circuit Court be reversed and annulled and that the cause be remanded to that Court for a new Trial. You therefore are hereby commanded that such further proceedings be had in the said cause as according to right and justice and the laws of the United States and agreeably to the said judgment and directions of the said
Supreme Court ought to be had, the said writ of error notwithstanding: Witness the Honorable John Marshall Chief Justice of the Supreme Court this seventh day of February in the year of our Lord one thousand eight hundred and ten.
E. B. Caldwell Clk Sup. Ct. U.S.
246 210. 239. 190.
Sabret Scott
vs
Negro Ben
Mandate
filed 13. April 1810.