Ben v. Sabrett Scott. Transcript from Circuit Court

 

Negro Ben
vs
Sabrett Scott

In this cause the Court, on the motion of the Petitioner, were of opinion and so instructed the Jury, if they are satisfied by the Evidence the Petitioner was imported by the Defendant into the State of Maryland before the month of November 1796, to prove which fact, evidence was offered on the part of the Petitioner, that the Defendants in order to bring himself within the proviso contained in the first section of an act passed by the General Assembly of Maryland in the year 1783, entitled "An act to prohibit the bringing of slaves into this State" must shew to the Jury that it has been fully proved to the satisfaction of the Naval Officer or Collector of Tax, by the oath of the owner or some one or more credible witness or witnesses that the Petitioner was a resident of some one of the United States for three years antecedent to his coming into the State of Maryland and that it is not sufficient for the Defendant to prove on this trial to the satisfaction of the Jury that the Defendant being a citizen of some and of the United States and coming into the States of Maryland with a bona fide intention of settling therein, and who actually resided within said State for one year at least computed from and next succeeding his coming into the State, imported the Petitioner, who then belonged to the Defendant, and that the Petitioner had been an Inhabitant of some one of the United States for the space of three whole years next preceding such Importation. To which opinion and Instruction of the Court the Defendant by his Counsel excepts 1   excepts & prays that this his Bill of exceptions may be sealed and enrolled which in done accordingly

W Cranch (seal)
Allen B Duckett (seal)

True Copy Test. Wm Brent Clk

 

Ben
vs
Scott

Excepts

Sup. Ct. U.S.

 

District of Columbia towit

At a Circuit Court of the District of Columbia begun and held for the County of Washington at the City of Washington on the first monday of June Being the first day of the same month in the year of our lord one thousand eight hundred and seven, and of American Independence the thirty first.

Present

The Honorable William Cranch Esquire Chief Judge
Nicholas Fitzhugh & Allen B. Duckett Esquires assistant Judges

Daniel Carroll Brent Esquire Marshal
William Brent Clerk

In the record of Proceedings of the same court amongst others is the Following towit

Negro Ben
vs
Sabritt Scott

Be it remembered that heretofore towit: the seventeenth day of September in the year of our Lord one thousand eight hundred and six the said Negro Ben by Francis S. Key his solicitor prosecuted and sued forth out of the Circuit Court aforesaid the United States writ of subpoena directed to the Marshal of the District of Columbia aforesaid in the words & of the Court following; that is to say, "District of Columbia towit. The United States of America to the Marshal of the District of Columbia, Greeting: You are hereby commanded to Summon Sabritt Scott that all excuses and delays set aside be and appear before the Circuit Court of the District of Columbia to be held for the County of Washington at the City of Washington on the fourth monday of December next to answer the petition of Negro Ben in the said Court exhibited by the said Ben against the said Sabritt Scott for his freedom. Hereof fail not at your peril and have you then and there this writ.

Witness the honorable William Cranch Esquire Chief Judge of the said Court the 25th day of June 1806. Issued this 17th day of September

Wm Brent Clk.

F. S. Key

 

And the said Negro Ben by his solicitor aforesaid at the time of suing forth the aforesaid writ of subpoena filed in Court here this Petition against the said Sabritt Scott, which is in the words and of the tenor following towit.

To the Honble the Judges of the Circuit Court of the District of Columbia The Petition of Ben (a man of Colour) humbly sheweth that he is unjustly held in bondage by a certain Sabritt Scott of the District of Columbia who claims your petitioner as a slave. Your petitioner states that he was carried out the State of Virginia contrary to the laws of that state & there sold to the said Scott & therefore your petitioner considers himself entitled to his freedom. He also states that he was brought from Virginia by said Scott into the State of Maryland contrary to the laws of the state of Maryland & therefore your petitioner also considers himself entitled to his freedom. He therefore prays your Honors that he may be permitted to prove the truth of the above allegations & relieved in the premises as to your honors May be seem meet

F.S. Key for the Petn

Whereas at an adjourned session of the said Court held on the first monday of October being the sixth day of the same month in the year of our lord one thousand eight hundred and six the said Negro Ben by his solicitor aforesaid filed in Court here another petition against the said Sabritt Scott which is in the words & of the tenor following; towit, "To the Honble the Judges of the Circuit Court for the County of Washington in the District of Columbia

The petition of Ben (a man of colour) humbly sheweth that he has filed a petition in this Court for his freedom against a certain Sabritt Scott & that a subpoena has been issued thereon & he believes served on the said Scott returnable to the next December term of this court. Your petitioner further states that he seriously apprehends, that before the return of said subpoena & before said Scott can be compelled under it to enter into the usual & proper recognizance he may be removed by secret & unjustifiable means without the Jurisdiction of this honorable Court. Your Petitioner being still held in the possession of said Scott & the said Scott owning and trading with Vessels to the West Indies & other places & your petitioner being one of his mariners, he fears that the means of removing him being so   obvious & easy, the said Scott will avail himself of them.

Your petitioner therefore begs that this honorable Court will interpose; that said Scott may be compelled by a Subpoena to appear & recognize with Security in the usual manner, or that Subpoenas may issue to compell the attendance of witnesses to prove that his grounds of Apprehension are reasonable. And your Petitioner will pray

F.S. Key for Petitr.

Whereupon the Court ordered, the United States' writ of Subpoena to be issued against the said Sabritt Scott returnable immediately, which was done accordingly and directed to the Marshal of the District of Columbia aforesaid in the words and of the tenor following, Viz.

District of Columbia towit

The United States of America to the Marshal of the District of Columbia Greeting.

You are hereby commanded to summon Sabritt Scott that all excuses and delays set aside he be and appear before the Circuit Court (of the District of Columbia, holding for the County of Washington at the City of Washington) here immediately to answer the petition of Negro Ben for his freedom this day filed against him. Hereof fail not at your peril and have you then and this writ. Witness the honl. William Cranch Esqr. Chief Judge of the said Court the 8th October 1806. Issued 8th October 1806

Wm Brent Clk.

And the Marshal of the District of Columbia aforesaid to whom the last aforegoing writ of subpoena was in form aforesaid Directed makes return thereof to the court here thereon endorsed

"Summoned"
Danl C. Brent, marshal

And the said Sabritt Scott in his own proper reason appears in Court here; thereupon it is ruled by the Court here that the said Sabritt Scott enter into recognizance as prayed in the said Petition.

Whereupon the said Sabritt Scott entered into the following recognizance towit

United States
vs
Sabritt Scott

You Sabritt Scott do acknowledge yourself to owe and stand Justly indebted to the United States of America in the sum 4   of [torn document] dollars current money to be levied of your body, goods and chattels, lands and tenements to and for the use of the said United States on the condition that you do not remove negro Ben out of the District of Columbia nor obstruct him from attending this court from time to time in support of his petition for freedom, exhibited in the said Court against you and in the mean time to feed, cloath, and use him well, and pay whatever satisfaction the Court shall adjudge for the services of the said Ben from this term to the time of the Judgment, with costs.

At which said fourth monday December being the twenty second day of the same month in the year of our Lord one thousand eight hundred and six and the day of the return of the first aforegoing writ of subpoena comes into the Circuit Court here the said Negro Ben by his solicitor aforesaid; And the Marshal of the District of Columbia aforesaid to whom the said writ of subpoena was in form aforesaid Directed, makes return thereof to the court here thus endorsed.

"Summoned on the 17th of September 1806"
Danl C. Brent Marshal

And the said Sabritt Scott by James S. Morell and Walter Jones Junior his attornies appears in court, here; thereupon on motion of the said Negro Ben by his Solicitor aforesaid it is ordered by the Court here that the said Sabritt Scott answers to the petition aforesaid of the said Negro Ben; Whereupon the said Sabritt Scott by his attornies aforesaid prayed leave of the court here to imparle untill the first monday of June next and then to answer to the petition aforesaid of the said Negro Ben; And to him it is granted; the same day is given to the said Negro Ben also, then and there &c.

And now here at this day towit the said first monday of June being the first day of the same month in the year of our lord one thousand eight hundred and seven to which said day the said Sabritt Scott had leave to imparle and then to answer the petition aforesaid of the said Negro Ben; comes into the Circuit Court here as well the said Negro Ben by his Solicitor aforesaid, as the said Sabritt Scott by his attornies aforesaid

And the said Sabritt Scott by his attornies aforesaid saith that the said Negro Ben is a slave and not free as the said Ben by his said Petition first above has alledged and of this he puts himself upon the Country &c and the petitioner likewise and and so forth

Therefore let a Jury thereon appear before the Court here immediately

 

Negro Ben
vs
Sabrett Scott

On the trial of this cause the Petitioners offered evidence to prove that he had been imported as a slave by the Defendant from the State of Virginia into George Town in the state of Maryland some time between the year 1794 & 1796 and the Defendant on his part offered evidence to prove that at the time of said importing the said Petitioner he the Defendant was a citizen of Virginia and came into the State of Maryland with a bona fide intention of settling therein and actually resided within the State of Maryland for one year and upwards computed from and next succeeding his coming in to the State and that the Petioner at the time of being so imported, and for a long time before, belonged to the Defendant, and had been an Inhabitant of the State of Virginia for the space of three whole years next preceding such Importation. And the Court upon the Motion of the Petitioner, having decided that it was not sufficient for the Defendant to prove these circumstances as on this trial but that it was necessary for the Defendant to shew that the residence of the Petitioner in some one of the United States for three years as aforesaid antecedent to his coming into the State of Maryland and been fully proved to the satisfaction of the Naval Officer or Collector of the Tax, by the Oath of the owner or some one or more credible witness or witnesses. Whereupon the Defendant offered the Certificate of John Barnes the Collector of Customs and Naval Officer of the United States for the District and Port of George Town aforesaid in the words and figures following vizt. District of Columbia. County of Washington towit. On this 16th day of June in the year eighteen hundred and seven, Sabrett Scott a citizen of the 5   the United States owner of a mullatto slave named Ben by his oath before me the subscriber the Collector and Naval Officer of the Port of George Town in the County of Washington and District of Columbia proved to my satisfaction that the said negro Ben was a resident of the State of Virginia and of the United States three whole years next preceding time when the said Mulatto Ben was brought into the State of Maryland. John Barnes. Collector. The John Barnes being at the time of taking the proof and granting certificate aforesaid admitted to have been since the year 1801, duly appointed by the President of the United States Collector and Naval Officer as aforesaid, and the said Sabrett Scott being then and ever since, such his removal and Importation into the State of Maryland as aforesaid a Resident of George Town aforesaid within the present limits of the County of Washington in the District of Columbia aforesaid. and upon the Motion of the Petitioner the Court decided that the said Certificate was not a sufficient Evidence. Whereupon the Defendant offered in Evidence the Certificate of Richard Jameson who was admitted to have been since the year 1801 and at the time of taking the proof and granting the Certificate last mentioned duly appointed by the Levy Court of the County of Washington Collector of the Tax for the County of Washington aforesaid, which Certificate is in the Words and figures following, towit. District of Columbia County of Washington towit On this 12th Day of June in the Year eighteen hundred and seven Sabret Scott the owner of a mullatto man called Ben fully proved to the satisfaction of me Subscriber the Collector of   of the Tax for the county of Washington and District of Columbia aforesaid that the said negro Ben was a resident of the State of Virginia one of the United States three whole years next preceding the time when the said mulatto Ben was brought into the State of Maryland. Richard Jameson

And the Court upon the like motion of the Petitioner also decided that the last mentioned Certificate was not admissible evidence in this case. To which decision of the Court the Defendant by his Counsel excepts and prays that this his Bill of exceptions may be sealed and enrolled according to law and the same is done accordingly.

W. Cranch (seal)
N. Fitzhugh (seal)

True Copy Test.
Wm Brent Clk

6