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“The first inquiry,” so reads the chief-justice–“the first inquiry that engages our attention is, What is the color of the plaintiff?”

But this is far from bringing dismay to Salome and her friends. For hear what follows:

“Persons of color”–meaning of mixed blood, not pure negro–“are presumed to be free…. The burden of proof is upon him who claims the colored person as a slave…. In the highest courts of the State of Virginia … a person of the complexion of the plaintiff, without evidence of descent from a slave mother, would be released even on habeas corpus…. Not only is there no evidence of her [plaintiff] being descended from a slave mother, or even a mother of the African race, but no witness has ventured a positive opinion that she is of that race.”

Glad words for Salome and her kindred. The reading proceeds: “The presumption is clearly in favor of the plaintiff.” But suspense returns, for–“It is next proper,” the reading still goes on, “to inquire how far that presumption has been weakened or justified or repelled by the testimony of numerous witnesses in the record…. If a number of witnesses had sworn”–here the justice turns the fourth page; now he is in the middle of it, yet all goes well; he is making a comparison of testimony for and against, unfavorable to that which is against. And now–“But the proof does not stop at mere family resemblance.” He is coming to the matter of the birth-marks. He calls them “evidence which is not impeached.”

He turns the page again, and begins at the top to meet the argument of Grymes from the old Spanish Partidas. But as his utterance follows his eye down the page he sets that argument aside as not good to establish such a title as that by which Miller received the plaintiff. He exonerates Miller, but accuses the absent Williams of imposture and fraud. One may well fear the verdict after that. But now he turns a page which every one can see is the last:

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“It has been said that the German witnesses are imaginative and enthusiastic, and their confidence ought to be distrusted. That kind of enthusiasm is at least of a quiet sort, evidently the result of profound conviction and certainly free from any taint of worldly interest, and is by no means incompatible with the most perfect conscientiousness. If they are mistaken as to the identity of the plaintiff; if there be in truth two persons about the same age bearing a strong resemblance to the family of Miller [Mueller] and having the same identical marks from their birth, and the plaintiff is not the real lost child who arrived here with hundreds of others in 1818, it is certainly one of the most extraordinary things in history. If she be not, then nobody has told who she is. After the most mature consideration of the case, we are of opinion the plaintiff is free, and it is our duty to declare her so.

“It is therefore ordered, adjudged, and decreed, that the judgment of the District Court be reversed; and ours is that the plaintiff be released from the bonds of slavery, that the defendants pay the costs of the appeal, and that the case be remanded for further proceedings as between the defendant and his warrantor.”

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So ends the record of the court. “The question of damage,” says the “Law Reporter,” “is the subject-matter of another suit now pending against Jno. F. Miller and Mrs. Canby.” But I have it verbally from Salome’s relatives that the claim was lightly and early dismissed. Salome being free, her sons were, by law, free also. But they could only be free mulattoes, went to Tennessee and Kentucky, were heard of once or twice as stable-boys to famous horses, and disappeared. A Mississippi River pilot, John Given by name, met Salome among her relatives, and courted and married her. As might readily be supposed, this alliance was only another misfortune to Salome, and the pair separated. Salome went to California. Her cousin, Henry Schuber, tells me he saw her in 1855 in Sacramento City, living at last a respected and comfortable life.

FOOTNOTES:

[4] Marie Louise vs. Marot, 8 La. R.