Page:Daniel v. Guy (1857).pdf/14

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presume, by the people of this State. That is, they meant to embrace in the term mulatto, persons belonging to the negro race, who are of an intermixture of white and negro blood, without regard to grades.

With the above understanding of the meaning of the term mulatto, as used in our legislation generally, we think the following would be safe rules of evidence.

1. Where a person held as a slave, sues for freedom, and it manifestly appears that he belongs to the negro race, whether of full or mixed blood, he is presumed to be a slave, that being the, condition generally of such people in this State.

2. If it it appear that he belongs to the white race, he is presumed to be free.

3. If it be doubtful, whether he belong to the white or the negro race, there is no basis for legal presumption, one way or the other, but it is safest to give him the benefit of the doubt, as the courts should be careful that a person of the white race be not deprived of his liberty.

To some extent the following authorities support the above rules of evidence. ''Hook vs. Pagu et al., 2 Munf. 379; Hudgins vs. Wright, 1 Hen. & Munf. 134; State vs. Davis, et al., 2 Bailey 558; Wheeler L. S. 4.''

If, in this State, all persons who belong to the negro race, but who are less than one-fourth negro, were free, or if that were the status of such people generally, then the rule might well be, that in suits for freedom, whenever it appears that the plaintiff was less than one-fourth negro, he should be presumed to be free. But slavery, and not freedom, is the status generally of such people. The few who have been liberated, and the rare offspring of a white mother, by a father mixed with negro blood, constitute but exceptions to the general rule.

The third proposition, or sub-division of the second instruction given in charge to the jury, by the court, at the instance of the plaintiffs, may be divided into two distinct clauses: The first clause is as follows: "The fact that plaintiffs, or their ancestors, have been actually held in slavery, or their words and