Fourth Generation Inclusive

Samuel Scott v. Joseph Williams, 12 NC 376 (1828).

Samuel Scott sued Joseph Williams for assault and battery and false imprisonment.  Jane Scott, an allegedly free woman, had been indented to Williams’ father, and Samuel was “given” to Williams by his father as a slave.  Samuel proved at trial that he was the son of Jemima, who was the daughter of Jane Scott, and the question was whether Jane was free.  The trial judge instructed the jury that Jane’s “colour might enter into their consideration” in making the determination.  “If she was of a black African complexion, they might presume from that fact, that she was a slave; if she was of a yellow complexion, no presumption of slavery arose from her color.”  The jury returned a verdict for Scott with substantial damages, and Williams appealed.  Williams argued that the jury instructions were incorrect and that damages ought to be minimal as “it was an action brought to decide a mere question of property between innocent persons.”  The Supreme Court demurred, refused to grant a new trial, and affirmed the judgment.