¶1was of opinion that if the slave was sold by the importer within the three years, the importer is not protected by the 2d section of the act of 1796, c. 67, from the prohibition contained in the first section. The 1st section contains the general principle—the prohibition to import slaves. The 2d section contains the exception in favor of those who come to reside. The 3d section is an exception to the second. If the case be within the 3d section, it is not within the 2d, and if not within the 2d it is within the first. He was also of opinion that it was immaterial whether the sale was made in or out of the county of Washington. Verdict for the petitioner.
2 F. Cas. 1037
Battles v. Miller
U.S. District Court
Decided May 15, 1828
U.S. District Court · decided 1828-05-15
Petition for freedom [by the negro John Battles against Miller.] Upon the trial, the defendant’s counsel, Mr. Ashton and Mr. Jones, after stating the evidence, prayed the court to instruct the jury, 1.
Decided 1828-05-15