Slade v. Minor

Decided April 15, 1817

This was an action against the deputy-marshal of the District of Columbia, for levying a distress for a militia fine, imposed by a battalion court of inquiry, under the Acts of Congress of the 3d of March, 1803, and 1st of July, 1812, [2 Stat. at Large, 215, 769,] “more effectually to provide for the organization of the militia of the District of Columbia.”

Decided 1817-04-15

The Court(Thruston, J., absent,)

¶1was of opinion, that it was only necessary for the defendant in his justification, to prove those facts which gave the battalion court of inquiry jurisdiction, and w'hieh showed that the tribunal was regularly constituted; and that having shown this, the acts of that court were to be presumed to be correct, and that it was not competent for the plaintiff to show their irregularity.

¶2The Court also decided that an alien was not liable to militia duty, and that the naturalization of Charles Slade, the plaintiff’s father, could not be proved by parol.

¶3Verdict for plaintiff, $56.