Lee v. Lee

Decided November 15, 1835

Petition foe FREEDOM. Upon the trial of this cause on the venire de novo ordered by the Supreme Court of the United States at its January term, 1834, (8 Peters, 44) — This Court, at the prayer of the petitioners’ counsel, instructed the jury that if they believe, from the evidence, that the petitioners were the slaves of R. B. Lee, deceased, in the State of Virginia, from whence he removed with his family to Washington county, D. C., where he continued to reside till his…

Decided 1835-11-15

¶1But the CouRT

(MoRSell, J., dissenting,)

¶2refused to give the instruction ; being of opinion that an inhabitant of Washington county could not, under the'9lh section of the Act of Congress of the 24th of June, 1812, [2 Stat. at Large, 755,] remove his slaves from Alexandria county to Washington county; he not being an inhabitant of the county in which the slaves were, and possessing them therein.

¶3The verdict was for the defendant; and the Court refused to grant a new trial, which was moved for on the ground that the verdict was against the law and the evidence, in the case.