SUPREME COURT U. S
FEBRUARY TERM, 1810.
SCOTT v. NEGRO BEN.
v.
Ben.
The right to freedom, under the act of Maryland which prohibits the bringing of slaves into that state, is not acquired by the neglect of the master to prove to the satisfaction of the naval officer, or collector of the tax, that such slave had resided three years int he United States, although such proof be required by the act.
ERROR to the judgment of the circuit court for the district of Columbia, sitting at Washington, upon a petition for freedom filed by Negro Ben, against Sabrett Scott, who claimed the petitioner as his slave.
The ground upon which the petitioner claimed his freedom was, that he had been imported into the state of Maryland contrary to the act of assembly of that state, passed in the year 1783, entitled, "An act to prohibit the bringing of slaves into this state;" by which it is enacted, "That it shall not be lawful, after the passage this act, to import or bring into this state, by land or water, any negro, mulatto or other slave, for sale, or to reside within this state; and any person brought into this state as a slave contrary to this act, if a slave before, shall thereupon immediately cease to be a slave, and shall be free; provided that this act shall not prohibit any person, being a citizen of some one of the United States, coming into this state with a bona fide intention of settling therein, and who shall actually reside within this state for one year at least, to be computed from