Caroline Blue & Noah Blue v. Charles W. C. Dunnington. Motion for Rule to Show Cause

 

Caroline Blue
Petitioner for Freedom
vs
Kephart

Noah Blue
Petitioner for freedom
vs
Same

District of Columbia
Alexandria County
To Wit:

On this seventh day of October 1843 before me the subscriber a Justice of the Peace in and for the County aforesaid, personally appeared Charles W. C. Dunnington, who being duly sworn deposes and says: That the above named petitioners are the slaves of this deponent and were acquired by him in the course of distribution of the estate of the father of this deponent and were imported by him into the County of Washington D.C. within a few months after the deponent became of full age, and as soon as the said slaves were distributed and delivered to the deponent. That the annexed certificate, duly accorded in Washington County, relates to the same two slaves. That the said slaves both continued to reside in Washington County D.C. from the time of their importation as aforesaid until the Eleventh day of June last when this deponent sent them to Alexandria not to reside but to be sold to a foreign trader in slaves; and upon the said slaves being brought into Alexandria County, had them carried immediately to the negro jail of the above named defendant where they remained in confinement until the tenth day of July when they were sold by the deponent to one Callaway to be exported from the said District of Columbia: and that thereupon, and while the said slaves continued confined in the said Jail, the proceedings hereinbefore entitled were instituted for them. And thereupon the deponent refunded the purchase money and resumed his right to the said slaves. That in fact the said slaves have never had or acquired any   residence in the said County of Alexandria unless their being so kept prisoners for the purpose of being sold into parts foreign to the said County and District could give them such residence; which this deponent is advised it cannot

Charles W. C. Dunnington

Sworn to and subscribed before me
J. H. Goddard J. P.

 

District of Columbia
Washington County to wit:

On this 7th day of October 1843, before me the subscriber a Justice of the Peace in and for the said County personally appears John W. Williams and makes oath that he is acquainted with Charles W. C. Dunnington and with his slaves Caroline and Noah who have sued for their freedom in Alexandria County. That the said slaves were derived to the said Dunnington from the distribution of his father's estate, and were removed by him to the County of Washington within one year after the said Dunnington had become of age and established his residence in Washington and immediately after the said slaves had been delivered over to the said Dunnington by his guardian and established his residencei n Washington. That this deponent for the said Dunnington took sent the said slaves to Alexandria County from Washington County where they had formerly resided from the time of their removal from Virginia, on or about the 11th day of June last, and had them immediately confined in the Jail of Kephart to be sold out of the District. That the deponent; for the said Dunnington, sold the said slaves to one Callaway, for exportation from the said district, on or about the 19th 10th day of July last, and while they continued to be so confined in the said Jail of Kephart: and that while they so continued and before the said Callaway had taken them away from the said Jail, the proceedings now pending for their freedom in Alexandria County were instituted. And the deponent further says that the said Charles W. C. Dunnington was born in Dumfries in the State of Virginia, and that his the said Dunnington's father & mother lived and died there: and that the father died while the said Dunnington was an infant: and the mother was duly appointed the guardian of the said Charles, and continued to reside there while the said Charles came of age and after wards until her death. was living there in November 1838 when the said [illegible] left then for Washington That the said Charles during his minority was for some years learning the trade of a printer at Washington D.C, and upon coming of age established his residence there.

Jno. W. Williams

Sworn to and subscribe before me
J.H. Goddard J.P.

 

District of Columbia
Washington County to wit

Re Caroline and Noah
Petitioners for freedom

District of Columbia
Washington Co
Alexandria Co. towit

To the Honble the Circuit Court of the D.C. for Alexa. Co.

The petition of Charles W. C. Dunnington respectfully represents

That the negroes Caroline & Noah, named in the affidavits hereunto annexed, are the slaves of this Petitioner; and that his right to them appears in and by the said depositions, & by other proofs in his possession & to be produced of the same should appear to be necessary. Your petitioner avers that the said slaves have manifestly no claim to their freedom: & further

that your honble Court has no jurisdiction to try the question their freedom, if any question there be; because the said slaves have never resided and do not reside in the County of Alexandria.

Wherefore he prays that the said slaves, who are now confined in the County Jail of the said County may be delivered to him, & the said proceedings dismissed &c & for a rule to show cause

Carlisle for C. W. C. Dunnington

Circ: Court
Dist. Col.
Alexa Co towit

In the matter of the Petition of negroes Caroline & Noah

Depositions for the defendt. against the filing of Petn.

1843 Oct: Term 5 day
Rule granted returnable on Tuesday
18th day
Rule made absolute