James Rhodes v. Moses Ball. Transcript from Circuit Court

James Rhodes
Plff in Error
vs
Moses Bell
Deft. in Error
Transcript Record
Filed 26th December 1842.
Affirmed with Costs
15th March 1844.

Supreme Court of the United States
No. 76
James Rhodes, Plff. in Er.
vs
Moses Bell
In error to the Circuit Court U.S. for Washington County D.C.

James Rhoes
Plff in Error
vs
Moses Bell
Deft. in Error
Index.
Petition for Writ of Error | page | 2. |
Assignment of Errors | " | 3. |
Order granting Merit of Error | " | 4. |
Writ of Error | " | 4. |
Citation | " | 4. |
Copy of Appeal Bond | " | 6. |
Styles of Court | " | 10. |
Parties | " | 10. |
Petition for freedom | " | 11. |
Subpoena | " | 11. |
Marshal's return & Defts appearance | " | 12. |
Rule plea | " | 12. |
Venire facias | " | 13. |
Jury | " | 14. |
Special Verdict | " | 14. |
Judgment for petitioner | " | 15. |
Memorandum | " | 16. |
Clerks Certificate & Seal | " | 17. |

To the Honorable Roger B. Taney Chief Justice of the United States.
The petition of James Rhodes of Washington
County in the District of Columbia, respectfully
sheweth, that at March Term 1842 of the
Circuit Court of the District of Columbia in and
for Washington County, a certain Moses Bell (colored)
by judgment of said Court, recovered his
freedom against your petitioner who then held &
still holds said Moses Bell as his lawful slave,
as will more fully appear by the record of the proceedings
in said cause herewith exhibited as part of
this petition. Your petitioner sheweth that he
is aggrieved by said judgment and he prays that
an order may be passed by your Honor directing
a writ of Error to be issued by the Clerk of said
Court for the County of Washington, according to the
Act of Congress entitled "An Act to limit the
right of appeal from the Circuit Court of for the United
States for the District of Columbia." Approved
2nd April 1816. Otherwise your petitioner will
loose the benefit of all appeal to the Supreme
Court of the United States, as the matter in
Controversy is less in value than one thousand
dollars, though exceeding in value the sum of
one hundred dollars exclusive of Costs, and he
refers to the subjoined assignment of errors as
part of this petition, and your petitioner as
in duty will every pray.
James Rhodes
By Brent & Brent
his
attorneys

Assignment of Errors in the judgment, referred to in the aforegoing petition
1st. There is Error because the removal of Moses Bell from Alexandria County to Washington County in the District of Columbia, as stated in the Special Verdict, did not entitle him to his freedom under any law in force in said District.
2nd. Moses Bell being over 45 years of age
at the time of such removal was in-capable
by the laws in force in said District Washington
County of receiving his freedom by or
through any act or acts of his master or
owner.
3d. That said removal of Moses Bell is not an importation, according to the true intent and meaning of the laws in force in Washington County aforesaid.
See case of Bank of Alexa vs Dyer decided by Sup. Ct. within last 4 years.
4th. That such removal even if it would have been illegal previous to the year 1812, was legalised and allowed by Act of Congress of the 24th June 1812.
See 8 Peters p. 49 which show how unsettled the law is on these points and how desirable a decision is for Citizens of the District, whose daily transactions may be within the operation of these principles.

Whereupon the Honorable Chief Justice made the following order, to wit:
Ordered that the Writ of Error be issued according to the prayer of the within petition.
R. B. Taney
Chief Justice of the
Supreme Court
of the U. States
Dec. 13. 1842
To William Brent Clerk
of the Circuit Court
for Washington County in
the District of Columbia
Thereupon the following Writ of Error issued as ordered, to wit:
District of Columbia, to wit:
The United States of America,
To the Judges of the Circuit Court of the District of Columbia, sitting for the County of Washington, greeting:
Because in the record and proceedings
as also in the rendition[?] of the judgment of a
plea which is in the said Court before you
or some of you between Moses Bell plaintiff
and James Rhodes, defendant; a manifest
error hath happened to the great damage of
5
of the said defendant, as by his complaint
appears. We being willing that error if any
hath been, should be duly corrected, and full
and speedy justice done to the parties aforesaid
in this behalf do command you if judgment
be therein given, that under your hand distinctly
and openly you send the record and
proceedings aforesaid, with all the things concerning
the same to the Supreme Court of the
United States together with this writ, so that
you have the same at Washington on the second
Monday of January next, in the said Supreme
Court to be then and there held, and that the
record and proceedings aforesaid being inspected
the said Supreme Court may cause further to
be done therein to correct that error, which
of right, and according to the laws, and
customs of the United States should be done.
Witness the Honorable Roger B. Taney Chief Justice of said Supreme Court
Issued this 16th day of Dec. 1842
W. Brent Clk

District of Maryland to wit
The United States of America To Moses Bell Greeting:
You are hereby cited and admonished to be and appear at a Supreme Court of the United States on the Second Monday of January next, pursuant to Writ of Error filed in the Clerk's office of the Circuit Court of the United States for the District of Columbia in the County of Washington, wherein James Rhodes is Plaintiff in Error and you are Defendant in Error to show cause if any there be, why judgement rendered against the said James Rhodes, Plaintiff in Error, should it be corrected, and why speedy justice would not be done to the parties in this behalf.
Witness my hand and seal this 13th day of December 1842
R. B. Taney
Chief Justice of the
Supreme Court of the U. States
Service acknowledged
J Hoban
for Moses Bell
Decr 14. 1842
Seal


Know all men by these presents, that
We James Rhodes, Joseph S. Clarke, &
Richard G. Briscoe of Washington County in
the District of Columbia, are held and
firmly bound unto Moses Bell in the full
and just sum of Five hundred dollars
current money of the United States, to be
paid to the said United Moses Bell his
Certain Attorney, executors, administers
or assigns, to which payment well and truly
to be made and done, we bind ourselves
and each of us over and each from heirs,
executors, and administrators, jointly and
severally firmly by these presents, sealed with
our seals and dated this 1st day of December
1842.
Whereas application is about to be made to prosecute and sue forth a Writ of Error to reverse the judgment of the Circuit Court of the District of Columbia, sitting for the County of Washington in a suit pending with the said Court, between Moses Bell plaintiff and James Rhodes, defendant, wherein judgment was rendered against the said James Rhodes.
Now the Condition of the above
obligation is such, that if the said James
Rhodes, shall prosecute his writ with effect
and answer all damages and costs, if he fails
to make his plea good, then the above
obligation to be null and void, otherwise
to be and remain in full force and
9.
virtue in law.
James Rhodes (seal)
Joseph S. Clarke (seal)
Rich'd G. Briscoe (seal)
Signed, Sealed, & Delivered in presence of James I. Clarke
Decr 13, 1842.
Approved
R. B. Taney

District of Columbia To wit:
At a Circuit Court of the District of Columbia, begun and held in and for the County of Washington, at the City of Washington on the Fourth Monday of March, being the Twenty Eighth day of the same month, in the year of our Lord one thousand eight hundred and forty two, and of the Independence of the United States the Sixty Sixth.
Present
William Cranch Chief Judge
The Honble Buckner Thruston &
James S. Morsell Asst Judges
Alexander Hunter Esq. Marshal
William Brent Clerk
In the records of the proceedings of the said Court among others are the following: to wit;
Moses Bell
vs.
James Rhodes
Be it remembered, that
heretofore, to wit: on the
Eighteenth day of March
in the year of our Lord
11
one thousand eight hundred and forty one, the
said Moses Bell by Richard Wallach, Esquire,
his attorney filed in Court here, the following
Petition, to wit:
To the Honble the Judges of the Circuit Court of the District of Columbia, for Washington County.
The Petition of Moses Bell respectfully represents unto your Honors that your petitioner is entitled to his freedom, that he is held in slavery by one James Rhodes of the said County, and prays that a subpoena may issue to the said James Rhodes and his rights be inquired into by your Honors.
R. Wallach
for Petitioner
Thereupon the United States Writ of Subpoena was issued directed to the Marshal of the District of Columbia in the words and of the tenor following to wit:
District of Columbia, to wit:
The United States of America,
To the Marshal of the District of Columbia,
Greeting:
We command you that you summon
James Rhodes late of Washington County, if he
shall be found within the County of Washington
in your said District, so that he be and appear
before the Circuit Court of the District of Columbia
to be held for the County aforesaid, at the City
of Washington on the fourth Monday of March
12
next, to answer unto Moses Bell's petition
for freedom filed in the said Court against him.
Hereof fail not, at your peril, and have you then and there this Writ:
Witness William Cranch Esquire, Chief Judge of our said Court, at the City of Washington, the 27th day of January Anno Domini one thousand eight hundred and forty one.
Issued the 18th day of March 1841.
W. Brent, Clk
Wallach
At which mentioned fourth Monday of March in the year of Our Lord one thousand eight hundred and forty one, and the day of the return of the above subpoena, comes again into the Circuit Court here, the said petitioner by his Attorney aforesaid; and the Marshal of the District aforesaid, to whom the same was directed, makes return thereof to the Court here, thus endorsed, to wit:
"Summoned"
"A Hunter"
"Marshal."
And the said defendant being called
appears in Court here by Brent & Brent, Esqrs.
his attornies; whereupon a motion of the said
petitioner by his attorney aforesaid it is ruled
by the Court here, that the said defendant
answer to the said complaint of the petitioner
in the plea aforesaid, or judgment by the
Court here will be entered against him in
13
default thereof; and the said defendant by
his attornies aforesaid defends the force and
injury when and so forth and prays leave
of the Court here, to imparle until the fourth
Monday of November next, and then to
answer the complaint of the said petitioner
in the plea aforesaid and to him it is granted,
the same day is given to the said petitioner also.
At which mentioned fourth Monday
of November in the year of Our Lord one thousand
eight hundred and forty one, to which
said day the said defendant had leave to
imparle and then to answer to the Complaint
of the said petitioner in the plea
aforesaid, comes again into the Circuit Court
here, as well the said petitioner by his
attorney aforesaid, as the said defendant
by his attornies aforesaid; and the said
defendant by his attorney aforesaid as before
defends the force and injury when and so
forth, and says that the said petitioner
is not entitled to his freedom as is alleged
and of this he puts himself upon the country,
and the said petitioner in like manner
and so forth; therefore let a Jury therein appear
before the Court here on the fourth Monday of
March next, by whom &c. and who neither
&c. to recognize &c. because as well &c. and
the same day is given to the said parties
14
then and there &
And now at this day, to wit: the said fourth Monday of March in the year of our Lord one thousand eight hundred and forty two, comes again into the Circuit Court here, as well the said Petitioner by his Attorney aforesaid, as the said Defendant by his Attorney aforesaid: Whereupon for trying the issue aforesaid, it is ordered by the Court here, that twelve persons from the pannel of petit jurors returned to the Court here, by the Marshal of the District of Columbia be called, who being called, come, to wit:
- 1 John H. Goddard
- 2 Daniel Campbell
- 3 Benjamin F. Middleton
- 4 Thomas McGill
- 5 Jacob A. Bender
- 6 Henry Haw
- 7 Robert K. Nevitt
- 8 Vincent King
- 9 George W. Dashiell
- 10 Thomas B. Riley
- 11 James Lusby
- 12 Edward Brooke
who being duly empannelled and sworn to say
the truth in the premises, upon their oath, do say,
"We of the Jury find that previous to the year
1837, the petitioner was the slave of a certain
Lawrence Hoff, a resident of Alexandria County
in the District of Columbia, that in the year 1837,
the said Hoff, then owning & possessing the
petitioner as his slave in the County of Alexandria
aforesaid whereof he continued to be a resident,
did sell and deliver the petitioner to one Little
then being a resident of Washington County in the
15
District aforesaid, and that the delivery of the Petitioner
was made to the said Little in Alexandria
County aforesaid, and the Petitioner was immediately
removed by said Little to Washington County
aforesaid to reside and also for sale whereof said
Little was resident, that the said Little shortly
afterwards to wit: about one year or a little more
sold the petitioner to one Keeting in Washington County
who sold and delivered him to the defendant, that
since said sale, to said Little the Petitioner has
always been kept and held in slavery in the
County of Washington aforesaid. that at the time
of the sale and delivery of the Petitioner as
aforesaid by Hoff to Little the Petitioner was
more than forty five years of age, to wit: he
was 54 or 55 years old, and is now 59 or 60
years old. And if upon the facts aforesaid
the law is for the Petitioner, then we find
for the Petitioner on the issue joined. if upon
the facts aforesaid the law is for the defendant
then we find for the Defendant on the issue
joined" Whereupon all and singular the premises
being by the Court here seen, heard, and fully
understood, and mature deliberation being
thereupon had, the Court is of opinion
from the statement of facts aforesaid, that
the law is for the petitioner:
Therefore it
is considered by the Court here, that the said
Moses Bell, the Petitioner aforesaid, recover
his freedom of and against the said James
16
Rhodes, and that he be free and discharged
of and from the service of the said James
Rhodes, and that he the said Moses Bell
go thereof freed and discharged without day,
&c. It is also considered by the Court here, that
the said Moses Bell, recover against the
said James Rhodes the sum of Twenty
one Dollars and Seventy two cents by
the Court here unto him the said Moses Bell,
adjudged on his assent for his costs and
charges by him about the prosecution of
his petition aforesaid, laid out and expended
and that he have thereof his execution &c.
Memorandum. 1842 August 20th Judgment rendered in this case on Special Verdict for Petitioner and $21.72/100 Costs.
Test: W. Brent Clk.
And whereas, afterwards, to wit: on the
Twenty thirteenth[?] day of December in the year
of our Lord one thousand eight hundred
and forty two, the said James Rhodes, the
defendant aforesaid, by his attorney aforesaid,
produced and filed in Court here, the United
States Writ for the Correcting of Errors of and
upon the judgment aforesaid, directed to the
Judges of the Circuit Court of the District of
Columbia in the County of Washington, and in
pursuance thereof, and according to the form
17
and effect of the law in such case made and
provided, a Transcript of the Record of
proceedings of the Judgment aforesaid,
and all things thereunto relating with the Writ
of Error aforesaid, and a Copy of the Appeal
bond hereunto annexed, are hereby transmitted
to the said Supreme Court accordingly.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at the City of Washington this 24th day of December 1842.
W. Brent, Clk