Scott v. Negro Ben

ERROR to the judgment of the circuit court for the district of Columbia, sitting at Washington, upon a petition for freedom filed by Negro Ben, against Sabrett Scott, who claimed the petitioner as his slave. The ground upon which the petitioner claimed his freedom was, that he had been imported into the state of Maryland contrary to the act of assembly of that state, passed in the year 1783, entitled, 'An act to prohibit the bringing of slaves into this state;' by which it is enacted, 'That it shall not be lawful, after the passing this act, to to import or bring into this state, by land or water, any negro, mulatto or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be a slave, and shall be free; provided that this act shall not prohibit any person, being a citizen of some one of the United States, coming into this state with a bona fide intention of settling therein, and who shall actually reside within this state for one year at least, to be computed from and next succeeding his coming into the state, to import or bring in any slave or slaves which before belonged to such person, and which slave or slaves had been an inhabitant of some one of the United States, for the space of three whole years next preceding such importation; and the residence of such slave in some one of the United States, for three years as aforesaid antecedent to his coming into this state, shall be fully proved, to the satisfaction of the naval officer, or collector of the tax, by the oath of the owner, or some one or more credible witness or witnesses.' Upon the trial the defendant below took two bills of exceptions.