Legal Opinion

Maria v. White

U.S. Circuit Court for the District of District of Columbia

Decided December 15, 1829Published

The petitioner, negro Maria, claimed her freedom by reason of importation, contrary to the act of Maryland, 1796, c. 67; by the first section of which it is enacted, “that it shall not be lawful 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.

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The petitioner, negro Maria, claimed her freedom by reason of importation, contrary to the act of Maryland, 1796, c. 67; by the first section of which it is enacted, “that it shall not be lawful 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 cease to be the property of the person or persons so importing, &c., and shall be free.” By the fourth section it is provided, “that nothing in this act contained…

1Opinion of the Court

But THE COURT

(nem. con.) refused to give the instruction. Whereupon Mr. Swann, for defendant, prayed the court to instruct them, that upon these facts, if believed by them, they ought to find their verdict for the defendant.

Which instruction THE COURT refused to give; but instructed them that the petitioner is not entitled to freedom under the first section of the act of 1796, c. 67, unless she was brought into this county by the defendant for sale, or to reside therein; that the circumstances aforesaid, although proved to the satisfaction of the jury, are not conclusive evidence that the…

2Cases cited1 opinion

  1. Baptiste v. De VolunbrunCourt of Appeals of Maryland · 1820

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