Minchin v. Docker

District of Columbia

Minchin v. Docker

1 D.C. 370

CourtDistrict Court, District of Columbia

DecidedDecember 15, 1806

StatusPublished

This text of 1 D.C. 370 (Minchin v. Docker) is published on Counsel Stack Legal Research, covering District Court, 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, 1 D.C. 370 (D.D.C. 1806).

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Opinion

Duckett, J.,

said that persons born free, that is, descended from a white woman, were not, in Maryland, held to be negroes; and were permitted to testify against white persons. And although color is primé 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 primé facie evidence that he was born of a white woman.

Cranch, C. J., concurred. (Fitzhugh, J., absent.) See the Acts of Assembly of Maryland, 1717, c. 13, § 2, and 1796, c. 67, §5.

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Duckett, J.,

said that persons born free, that is, descended from a white woman, were not, in Maryland, held to be negroes; and were permitted to testify against white persons. And although color is primé 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 primé facie evidence that he was born of a white woman.

Cranch, C. J., concurred. (Fitzhugh, J., absent.) See the Acts of Assembly of Maryland, 1717, c. 13, § 2, and 1796, c. 67, §5.

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Bluebook (online)

1 D.C. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minchin-v-docker-dcd-1806.