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Henry Miller, Administrator of George Miller, Deceased, Plaintiff in Error, v. Betsey Herbert and Caroline Herbert, Defendants in Error U.S. 72 (1847)

handle is hein.slavery/ussccases0301 and id is 1 raw text is: '72 SUPREME COURT. Miller v. Herbert et al. necessary, and as this appears to have been done, the protest ought to have been received in evidence, and.we shall cause it to be cer- tified accordingly to the Circuit Court. Order. 'This cause came on to be heard on the transcript of the record from the Circuit Court of the United $tates for the Southern Dis- trict of Mississippi, and on the point and question on which the judges of the said Circuit Court were opposed -in opinion, and which were certified, to this court for its opinion, agreeably to the act of Congress in such case made and provided, and was argued by counsel. On consideration whereof, it is, the opinion of this court 'that the, protest offered in this case ought to have been re- eived as evidence; wherefore, it is now. here ordered and ad- judged that 'it be so certified to the said Circuit Court. HENRr MILLER, ADIIINISTRATO or GEORGE MILLER, DECEASED, PLAINTJFF. IN ERROR, v. BETSEY HERBERT AND CAROLINE HER. -BERT, DEFENDANTS IN ERROR. - Under a statute o1 Maryland passed in 1796, a deed of manumission is net good unless ;recorded within six months after its date; and this law is in force in Washington county, District of Columbia. The statutes and decisions of Maryland exafnined. This case was broug t up, by writ of error, .rom the Circuit Court of the District of Columbia, for the county of Washington. - The defendants in error filed their petition in the Circuit Court, by which they claimed a right to their freedom, under a deed of manumission executed'to them on the 28th of February, 1842, by their owner, George Miller, who, was an inhabitant of Washington county, at the daite of the deed, and at- the time of his'death, and on whose estate the plaintiff in error bad taken administration. , The petition, setting out the character'of the claim of the defend- .ants in error, was in the' following words. To the Honorable, Judges of the Circuit Court of the District of Cclumbia for Washington County: The petition of Betsey Herbert and Caroline Herbert humbly showeth, that your petitioners were the slaves of George Miller, late of the city of Washington, deceased ; that the said decedent, in his lifetime, intending to manumit and set free from slavery your petitioners, caused to be prepared a paper-writing -for that purpose, 'and sent for' S. Drury, Esq., a justice of the peace of said county,

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