ITEM #51072
November 16, 1854
THE NATIONAL ERA
Washington, D.C., Vol. VIII No. 411 P. 184
WOMAN, APPARENTLY WHITE, SURRENDERED TO SLAVERY.-----
A rather singular case came before the Court yesterday. Some days since a woman named Pelasgie was arrested as a fugitive slave, who has lived for more then twelve years in this city as a free woman. She was so nearly white that few could detect any traces of her African descent. She was arrested at the instance of a man named (Raby), who claimed her as belonging to an estate of which he is a heir-in-law. She was conveyed to the First District guard-house for safe keeping, and while there she stated to Acting Recorder Filleul that she was free, had never belonged to (Raby), and had been in the full and unquestioned enjoyment of her freedom in this city for the above mentioned period. She also stated that she had a house, well furnished, which she was in the habit of letting out in rooms.About this time, a lawyer appeared before the Recorder, and stated that the woman was born in slavery, and now belonging to a man in Mississippi. He produced a bill of sale which corroborated his assertion, and which stated that in a certain number of years she was to be set free. This being a sort of triangular fight, the woman, (Raby) , and the lawyer forming the corners, the Recorder found himself somewhat at a loss what to do; and as Ruby pressed his claim, the Recorder advised him to apply to one ofthe District Courts. Accordingly he applied to the Fourth District, and took a rule on Acting Recorder Filleul, to show cause why a mandamus should be issued, compelling him to deliver up the woman. Mr. Filleul appeared before the Court and stated the circumstances mentioned. Judge Reynolds decided, however, that Ruby was the owner of the woman, and order the rule to be made absolute, and a writ of mandamus to be issued upon Acting Recorder Filleul, for the surrender of the slave. The issuing of the writ, however, was unnecessary, by the declaration of Mr. Filleul that the order of the Court was sufficient, and that he would at once order the woman's release. Time, however, has been given to her to prove her freedom, and also to the lawyers to prove her freedom, and also to the lawyers to prove the validity of the bill of sale.
New Orleans Picayune.
Pelagie Brown v Ursin Raby.
Report of Cases Argued and Determined in the Supreme Court of Louisiana. Vol. 41 207.
The decision: "A slave claiming to be a statu liber, whose master is a resident of another state, cannot have her rights judicially investigated in this state. She should resort to the courts of the state in which her master is domicilied."
Monday, August 4, 2008
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