two years and the
said infant boy aged two weeks, were born in the State of
California and that the said Hannah, Ann, Lawrence, Nathaniel,
Jane and Charles, as well as the said Biddy, Ellen, Ann and
Harriet, have resided with the said Robert Smith for more than
four years and since some time in the year of our Lord one
thousand eight hundred and fifty-one, in the State of California;
and it further appearing that the said Robert Smith left and
removed from the State of Mississippi more than eight years ago
with the intention of not returning thereto, but of establishing
himself as a resident in Utah Territory, and more than four years
ago left and removed from said Utah Territory, with the intention
of residing and establishing himself in the State of California
and has so resided in said last mentioned State since some time
in the year of our Lord one thousand eight hundred and fifty-one.
And it further appearing by satisfactory proof to the Judge here,
that all the said persons of color are entitled to their freedom
and are free and cannot be held in slavery or involuntary
servitude, it is therefore adjudged that they are entitled to
their freedom, and are free forever. And it further appearing to
the satisfaction of the Judge here that the said Robert Smith
intends and is about to remove from the state of California,
where slavery does not exist, to the state of Texas, where
slavery of Negroes and persons of color does exist and is
established by the municipal laws, and intends to remove said
before mentioned persons of color to his own use, without the
free will and consent of all or any of the said persons of color,
whereby their liberty will be greatly jeopardized, and there is
good reason to apprehend and believe that they may be sold into
slavery or involuntary servitude, and the said Robert Smith is
persuading and enticing and seducing, said persons of color to go
out of the State of California and to be taken and removed
therefrom with the false promise held out to them that they will
be as free in the State of Texas as in the State of California.
And it further appearing that none of said persons of color can
read and write, and are almost entirely ignorant of the laws of
the State of California, as well as those of the State of Texa