Juan Domingo Lopez v. Francis Phillips
Juan Domingo Lopez
against
Francis Phillips
Baltimore County, Sst, Juan Domingo Lopez exhibits to the Court here the following Petition, viz.
To the Worshipfull the Justices of Baltimore County Court.
The Humble Petition of Juan Domingo Lopez (late of the City of Saint Domingo in the Island of Hispaniola commonly called Saint Domingo) Shoemaker but now of Baltimore County
Sheweth.
That your Petitioner is a native born of the Island of Hispaniola in the West Indies and a Subject of the King of Spain, that your petitioner there enjoyed his natural right of being a freeman which he humble apprehends cannot be forfieted or taken from him without his own consent.
That your Petitioner embarked as an Adventurer with several others some time in the Year one thousand seven hundred and sixty one during the late War on board a Privateer Sloop called the Polena from the Island of Curacoa and during the cruize was taken by an English Privateer whereof a certain Henry Brown was Master and carried as a prisoner of War into the Island of Jamaica belonging to his Britannick Majesty and there confined as such in prison.
That your petitioner hath been informed that the said Sloop Polena was condemned by a Decree of the Court of Vice Admiralty of Jamaica as a prize on a Libel exhibited against her on or about the fourteenth day of May one thousand seven hundred and sixty four.
That your Petitioner has been informed that he with the other Negroes taken as Prisoners as aforesaid was by the said Court of Vice Admiralty condemned and to be sold for the benefit of the Captors.
That your petitioner ignorant of such Condemnation only by information since his Arrival into this province, no party to the said Libel, deprived of the opportunity of Defence and condemned unheard humbly apprehends himself not bound or deprived of his Liberty thereby.
Your Petitioner further sheweth to your Worships that a certain Richard Simms Master of a Vessel brought your petitioner into this Province and Sold him as a Slave without his consent to a Company called by the name of the Principio Company in Baltimore County and who as your petitioner is informed consists of a certain Mary Whitwick, William Russell, Thomas Russell and John Price. Your Petitioner further sheweth that he is detained by a certain Francis Phillips Manager for said Company as the Slave and property of the said Company who can have no other Title or claim than herein before set forth by your Petitioner.
That your said Petitioner hath been informed that the said Persons who compose the said Company are not Inhabitants of this province he therefore humbly prays Your Worships to take his case into your most serious Consideration, grant him that Liberty which is his Natural Right and save him from the Slavery which is odious to the British Constitution, and from whose Laws your Petitioner hopes and expects Relief. Your Petitioner further prays that the usual process may Issue against the said Francis Phillips to compel his appearance to answer to the facts about alledged by your petitioner
And your Petitioner as in duty bound will ever pray &c
Juan Domingo Lopez.
Read the full case on O Say Can You See: Early Washington, D.C., Law & Family
- Title
- Juan Domingo Lopez v. Francis Phillips
- Description
- In this colonial era freedom suit, attorney Samuel Chase argued that slavery was "odious to the British Constitution" and freedom a "Natural Right" two years before Lord Mansfield did the same in Somerset v. Stewart.
- Excerpted
- Yes
- Date
- 1770
- Author
- Maryland. Provincial Court
- Subject
- African Americans
- Procedural History
- Provincial Court of Maryland
- Document Type
- Court Case
- Document Category
- Primary Source
- Archival Source
- Maryland State Archives, Provincial Court (Judgment Record), MSA S551-84, Provincial Court, Judgment Record, DD 16
- Digital Repository
- O Say Can You See: Early Washington, D.C., Law & Family
- Title
- Juan Domingo Lopez v. Francis Phillips
- Description
- In this colonial era freedom suit, attorney Samuel Chase argued that slavery was "odious to the British Constitution" and freedom a "Natural Right" two years before Lord Mansfield did the same in Somerset v. Stewart.
- Excerpted
- Yes
- Date
- 1770
- Author
- Maryland. Provincial Court
- Subject
- African Americans
- Procedural History
- Provincial Court of Maryland
- Document Type
- Court Case
- Document Category
- Primary Source
- Archival Source
- Maryland State Archives, Provincial Court (Judgment Record), MSA S551-84, Provincial Court, Judgment Record, DD 16
- Digital Repository
- O Say Can You See: Early Washington, D.C., Law & Family