Emanuel Gasbury v. Henry W. Ball. Circuit Court Report


Negro Emanuel v. Henry W. Ball.

If a slave escape from his master in Virginia, and be found in Washington, and there sold by his master, the slave does not thereby acquire a right to freedom.

This was a petition for freedom.

The petitioner was permitted to come from Virginia, to the city of Washington to see his wife, and to return by a certain day; but he stayed some months longer, and was taken up in Washington, by an agent of his owner, but escaped and eloped, and the agent sold him to the defendant, while he was so eloped and while he was in the city of Washington.

The petitioner's counsel prayed the Court to instruct the jury that upon the state of facts the petitioner was entitled to his freedom.

But the Court refused, and instructed the jury that he was not entitled to his freedom under the Maryland law of 1796, c. 67.