O Say Can You See

 

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.

  1

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.

  2

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

  3

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.

  4

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

  6.

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

  7

 

  8

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

  10

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