Moses Rustin v. John E. Stromatt. Affidavit of Francis L. Smith

 

Moses Rustin
vs
John E. Stromatt

In the Circuit Court of the District of Columbia. Sitting at Alexandria.

Having been assigned counsel for the plaintiff in this case, to report the facts in this case and my opinion thereon. I beg leave to state. That I have reason to believe, that it will be in evidence on the trial of this case, that the plaintiff, was born in slavery as the property of Stromatt, the father of John E. Stromatt, the deft. many years since, in the Charles County in the State of Maryland, that the said plaintiff was held in bondage as a slave for some years in the said County, by said deft, (and his father prior to his death) that he was carried to Washington D.C. as a slave about the year 1828, and remained there & in Georgetown for some years, and from there was taken to the South, when he was held in slavery for a few months for after which he was carried back to Charles County, and at from thence was removed about the spring of 1837, to the Town of Alexandria, D.C. where he has been held in slavery ever since up to the issuing the warrant in this case, on the 20th of December 1845. That since the plaintiff was brought to Alexandria, he has been remained there in the Town of Alexandria [strikethrough] continuously up to said period, with an absence thereupon once or twice for several days. that during the said period the said plaintiff has remained in the said County of Alexandria for a longer period than one year, without intermission. and that the said defendant has claimed to be the owner or possessor of said Plaintiff as a slave, and during the whole or greater   part of the time last referred to (that is given is during the period that the plaintiff has been held in Alexandria) up to the said 20th of Decr. 1845. the said Stromatt has been in receipt of the hiring of the plaintiff, and controlling him as a slave. If the foregoing facts shall be proven on the trial, as I believe they will be, I have no doubt that the plaintiff is entitled to his freedom, under the provisions of the An Act to reduce into one the several acts concerning slaves, free negroes and mulattoes, passed the 17th of December 1792. This law is in force here, by the provisions of the Act of Congress of the 17th of Feby. 1801, adopting the existing laws of Virginia. The 2nd section provides that "slaves which shall hereafter be brought into the Commonwealth, and kept therein one whole year together, or so long at different times, as shall amount to one year, shall be free." There are some exceptions to this general provision contained in the 4th Sec: of the Statute. I have no reason to believe, that it will be in the power of the defendant, to bring his case within either of the exceptions, in the proviso, referred to. I am therefore of opinion that as the [strikethrough] plaintiff was brought as a slave from Maryland to the County of Alexandria, and has been Kept here longer than one year, he is entitled to his freedom.

Very respectfully submitted
Francis L. Smith

 

Moses Rustin
vs
John E. Stromatt

Opinion of F. L. Smith