O Say Can You See

And the said Petitioners by Robert Beall their attorney sayith that this Circuit Court here of the District of Columbia in Washington County [torn page] from taking cognizance of the [torn page] aforesaid by any thing in the plea of the said [torn page] ought not because (protesting that during all the time & times in the said plea mentioned the said Petitioners did not nor did either of them reside in Prince Georges County in the State of Maryland under the direction of said Gabriel Deft. he then & during all the time & times aforesaid being the master & owner of said Petitioners as set forth in said plea by said Deft.) by way of replication to said plea they say that before and at the times of filing their said petition, the said Petitioners & each & every of them were here present residing within the jurisdiction of this Court in their own proper persons in Washington County aforesaid ^X and were not residents with the said Defendant in Prince George's County Maryland and this they are ready to verify

Wherefore they pray judgt. of the said plea & that the said Deft. may answer[?] over &ca

Beall & Key for Petrs.

^X without this that at the time & times aforesaid the said Petitioners or any of them did & do reside in the said County of Prince Georges & state aforesaid under the direction of the said Gabriel then & during the time & times aforesaid being the master and owner of the said petitioners & each & every of them as alleged in said plea. Demr. & this he is ready to testify & of this they [illegible]

(Enter the Demr. in the usual form)

And for causes of demurrer in this behalf the said   said Gabriel Duval, in his proper person, sets down the causes following, towit:

1st. Because the sd Petitioners, in their said replication, have not traversed in in any manner traversed, denoted, or admitted (save & except a denial by way of protestation which is inadmissible) the fact that the petitioners at the time & times of the filing of the said petition, and of the commencement of the same, did reside, and always before & ever since have resided, and yet do reside in the County of Prince Georges aforesaid, under the direction of the said Gabriel Duval as their master & owner, and not in the County of Washington aforesaid, or elsewhere in the District of Columbia aforesaid.

2. Because the said Petitioners, in their said petition replication, have put forward a denial of a material averment in the plea of the said Gabriel Duval (namely the residence of the Petitioners) by way of protestation, and not by any direct denial or traverse, either general or special.

3. Because the only fact pleaded by the Petitioners in their said replication, and therein offered or pretended to be verified & put in issue, is not, ether in terms or by necessary implication, a denial or traverse of the matter above pleased by the said Gabriel Duval; nor any sufficient confession & avoidance of the same.

4. Because the said fact so pleased by the Petitioners in their said replication, if put forth as a traverse or [illegible] of the matter so pleaded by the said Gabriel Duval as aforesaid, is merely an argumentative & not a direct denial or traverse.

5. Because, if the said fact so pleaded by the Petitioners he put fort as a traverse or denial either direct or argumentative of the matter so pleaded by the sd Gabriel Duval, and not as new matter pleaded by way of avoidance[?], the said replication ought to have [illegible] to the country & not with a verification.

6. Because the said replication of the Petitioners, with[?] the matter therein pleaded, is altogether insufficient, [] and wants form.

5. Because the issue[?] taken by the said replication is immaterial in as much as the substantial objection to the jurisdiction of the Court is not merely that the said Petitioners did not reside in the said County of Prince George's under the direction of the said Gabriel but also that they did not reside in the said County of Washington or elsewhere in the District of Columbia under the direction of the said Gabriel at the time of filing their said petition.