Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-30
SUPREME COURT OF APPEALS.
.HuDc1Ns against WRicHrs.

HUDGINs against WRIGHTs.
THE appellees, in this.case, which was
an:appcal from the High Court of Chance
~, were permitted to sue in foTma han-
ferris. The appellant being about to send
them out of the state, writ of ne Great
was obtained from the chancellor, on the
ground that they were entitled to freedom.
In their bill, they asserted this right as ha-
wing been descended, in the maternal line,
from free Indian woman; but their ge-
nealogyw was very imperfectly stated. The
time ofthe birth ofthe youngest was estab-
lisied by the testimony and the charac-
teristic features, the complexion, the hair
and eyes were proven to have been the
same with those of whites. Their genea-
logy was traced hack by the evidence taken
in the cause, (though different from that
mentioned in the billy through female an
ceStors, to an old Indian called BUtter7Vood
Mar. One Of the witnesses who had seen
her, describes her as an old Indian. o.
Tiers prove. that her daughter Hannah,
had long black hair, was of the right Indi-
an copper colon and was generally called
an Indian by the neighbours, who said she
might recover her freedom if she would sue
for it; and all those witnesses deposed that
they had often seen Indians Another wit
ness (Robert remple) whose deposition
was eIken on the part of the appellant,
proFessrl,at the father of Butfej-soood Nan
was said TO have been an Indian, but he is
silent as to her mother
On the hearing, the late chancellor per-
ceiving from his own view, that the Young
est of the appellecs was perfectly white,
and that there were gradual shades Of DIFF
ference in color between the grandmother,
mother, and granddaughter, (all of whom
we're before the court';) and considering
the evidence in the cause, determined that
the appellee ere entitled to their free
dom; and, moreover, on the ground that
freedom is the birth-right of every human.
being, which Sentiments strongly inculca-
ted by the first article Of orr e political
catechism," the bill of I'ights,-he laid it
down as a general position that whenever
one person claims to hold another in slave
~, the onus hro6andi lies On the claim
ant.
RanGolhh, forthe appellant. The ground
on which the appellees claim ;heir freedom
is, that they are lineally descended from
free Indian woman. On The other side it
is commended, that they are descended from
a negro woman by an Indian. Although the
circumstance Of their being 7ohffc operat-
ed on the mind of the chancellor, who de-
creed their freedom; yet as the whole of
the testimony proved them to have been
descended from slave, the presumption
ON which that decree was founded must
fail.
Whether they arc white or not, cannot
appear to this court from the record They
have asserted their right to freedom on We
ry different grounds; and have not, in their
evidence, made out the genealogy stated in
their bill e
If they could derive their descent from
Indians in the maternal line, still it will be
found from the evidence that their female
ancestor was brought into this country be-
tween the years 1879 and 17O5, and Under
the laws then in force might have been
slave.
Judge Ticker. Is not that mistake ?
The act OF 17O5, in the clause which res
poets a free trade with all Indians @hatso- |
ever, IS literal transcript from an act of |
4oYl the title OF which is preservedin the !
edition Of 1882
RtHdolfh In all the cases decided by
TINS court on the present question, the act |
OF 17O5, has been considered as restrictinq !
enc right OF making slaves Of Indians and |
those cases are authority with me.
Gee. X. Taylor, for the appellees. This
IS not a common case Of mere 6h1cks suing /
for their freedom but of persons pcrfectiSS !
S9htte. The peculiar circumstances under !
winch the bill was drawn, will readily ac- |
cpwit Tor any Inaccuracies which NAV an |
psdr IN stating the genealogy Of the appel 4,
ices. But would 1t have been prudent or
sven necessary to delay the cause, by an a.
nended bill y az . a.
ilS 'nen took a circumstantiaI vie " of the |
sNldsnce, and Inferred that it clearly pro- |
yea the appellecs 10 have descended from, I
an inaLap stock all the witnesses depose5 /
% tne fact that the female ancestor nbde-
Ehom they claimed, was g Of the ripbf In.
dan copper eolor," with long black mir
.nat SIG was called an Indian IN her mas,
ter's tanily, and By the neighbors general
~ VINO sad she might get her freedom if
20 A D.yendty -, a. , f"'' . hVtc