Minchin v. Docker

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

Minchin v. Docker

17 F. Cas. 437, 1 Cranch 370

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

DecidedDecember 15, 1806

StatusPublished

This text of 17 F. Cas. 437 (Minchin v. Docker) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minchin v. Docker, 17 F. Cas. 437, 1 Cranch 370 (circtddc 1806).

Pincite

Opinion

DUCKETT, Circuit Judge,

said that persons bom free, that is, descended from a white woman, were not, in Maryland, held to be ne-groes; and were permitted to testify against white persons. And although color is prima facie evidence of slavery, yet the fact that the witness had, for a long time, publicly acted as free, turned the presumption the other way, and was prima facie evidence that he was born of a white woman.

CRANCH. Chief .Judge,, concurred.

PITZHUGH, Circuit Judge, absent.

See Acts Assem. Md. 1717, c. 13, § 2, and Acts 1796, c. 67, § 5.

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DUCKETT, Circuit Judge,

said that persons bom free, that is, descended from a white woman, were not, in Maryland, held to be ne-groes; and were permitted to testify against white persons. And although color is prima facie evidence of slavery, yet the fact that the witness had, for a long time, publicly acted as free, turned the presumption the other way, and was prima facie evidence that he was born of a white woman.

CRANCH. Chief .Judge,, concurred.

PITZHUGH, Circuit Judge, absent.

See Acts Assem. Md. 1717, c. 13, § 2, and Acts 1796, c. 67, § 5.

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Bluebook (online)

17 F. Cas. 437, 1 Cranch 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minchin-v-docker-circtddc-1806.