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Rue, versus Mitchell U.S. 58 (1790)

handle is hein.slavery/ussccases0064 and id is 1 raw text is: 8 I CASts ruled and adjpdged in the 1790. circumftances, as ought to difcharge them from their obliga- t.'Y-.. tion, the price of the Negro was, in that view of the evidence, the proper meafurd of damages ; which, if accepted by the maf- ter, will in equity, and perhaps by operation of law too, eman- cipate the Negro; he having been a party to the Homine rele- giando, and a full fatisfa&ion, equal to his value,-made by his fureties for hiim. RuE, .VerfU$ MITCHELL. T HIS was an affion of flander ; for pronouncing the words fet forth by-the declaration, ir the following form, after the general introduaion and averments; refpefing the plain- tiff's good fameand charafer: That the defendant publiffied, then and there, the following falfe, fcandalous, lying; Engilb wb'rds, of -the plaintiff, in the hearing, &c. to wit, You (him the faid plaintiff, meaning) have taken a falfe oath, before fquire Ru.yh, (meaning that the faid plaintiff had committed the crime of perjury, in a certain oath, bythe faid plaintiff, tlhen lately taken, before William Rtjh, Efq. one of the Juftices of the Peace, &c. in and for the City and County of Philadelphia,'in a caufe before the faid Juftice, depending) and I (himfef the faid defendant meaning) can prove it. By reafon whereof, &c. It 'appeared, on the trial of the caufe, that the oath in quefti- on was voluntarily taken by the plaintiff, in order to fatisfj the defendant upon a controverted fa&, involved in the fuit depending before the Juftice, and in which the fituation of the prcfentparties was reverfed : Mitchell, being then the plaintiff, and Rue, -the defendant. There was a verdi& for the plaintiff, with damages ; -but the caufe was again brought before the Court, on a motion in arreft of judgment, which was found- ed on two grounds: if. That the words charged in the de- claration, did not import perjury, in a legal acceptation of their meaning ; and therefore did not, in themfelves, independent of any injurious confequence to the plaintiff, render the fpeaker liable to an adfion at law. And, 2d. That the oath does not - appear, in the declaration, to have been of a nature, that by taking it the party could commit the legil crime of perjury. I..M'Kean. 7. B. in fupport of the motion, obferved, that ations of flander ought not to be encouraged ; and that they had hitherto been ftri&ly confined to cafes, which endanger a man in law ; which exclude him from fociety ; which impair the eiercife and benefit of his trade or profefllion ; 'or, which may affe& magiflrates, or other perfons, employed in public trufls. There is no fpecial damage laid in.the declaration; and t4

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