O Say Can You See

At a Circuit Court of the District of Columbia begun and held in and for the County of Washington, at the City of Washington, on the fourth Monday of March, being the twenty fourth day of the same month, in the year of our Lord one thousand eight hundred and thirty four, and of the Independence of the United States of America the Fifty eighth.

Present.
The Hon William Cranch, Chief Judge.
Buckner Thruston & James S. Morsell Assistant Judges.
Alexander Hunter, Esquire, Marshal.
William Brent, Clerk.

In the Record of Proceedings of the same Court, among others are the following, to wit:

Be it remembered, That heretofore, to wit: on the fifth day of September in the year of our Lord one thousand eight hundred and thirty three, the said Cassius Jackson, by John J. Dermott, Esquire, his attorney, filed in the Circuit Court here the following Petition, to wit:

"To the Honorable the Judges of the Circuit Court of the District of Columbia for the County of Washington:

The Petition of Cassius Jackson, otherwise called Cassius, a coloured man humbly   2. "complaining sheweth unto your Honors that he is entitled to his freedom and is unjustly held in bondage by Bernard H. Buckner and Aris Bucker who claim your Petitioner as their slave.

Wherefore your Petitioner prays your Honors to grant a subpoena to the said Bernard H. Buckner and Aris Bucker directed, and such relief in the premises as may be according to law.

John J. Dermott
Atty for Petitioner."

And thereupon the United States writ of Subpoena was issued, directed to the Marshal of the District of Columbia in the words and of the tenor following, to wit:

"District of Columbia, Towit:

The United States of America, To the Marshal of the District of Columbia, Greeting:

You are hereby commanded to summon Bernard H. Buckner and Aris Buckner if they shall be found in the County of Washington, that (all excuses set aside) they be and appear before the Circuit Court of the District of Columbia, to be held for the County of Washington, in the City of Washington, on the fourth Monday of November next, to answer the petition for freedom of Cassius Jackson filed in said court against them.

Hereof fail not at your peril; and have you then and there this Precept.

Witness W Cranch, Esquire, Chief Judge of the said Court.

Issued the 25th day of September 1833.

Dermott. W. Brent, clk"

At which said fourth Monday of November in the year of our Lord one thousand eight hundred and thirty three, being the day of the return of the aforegoing writ of subpoena, came into the Circuit Court here, the Petitioners aforesaid by his attorney aforesaid; and the Marshal of the District aforesaid to whom the said aforegoing subpoena was in form aforesaid directed, makes return thereof to the Court here thus endorsed, to wit:
"Non Sunt, H. Ashton, Marshal."

And thereupon the said Bernard H. Buckner and Aris Buckner by Walter Jones, Esquire, their attorney, voluntarily appear in the Circuit Court and defend the complaint aforesaid, when and where the said Court shall take the same into consideration; and for plea they say that the said Petitioner is not entitled to his freedom as is alledged, and of this they put themselves upon the Country, and the said Petitioner in like manner, and so forth; Therefore let a Jury thereon appear before the Circuit Court here, on the fourth Monday of March next, by whom &c, and who neither &c, to recognize &c, because as well &c, the same day is given to the said parties then and there & so forth.

And now at this day, to wit, the said fourth Monday of March in the year of our Lord one thousand eight hundred and thirty four, came again into the Circuit Court here as well the said Petitioner by his attorney aforesaid, as the said Bernard H. Buckner and Aris Buckner by their   4. attorney aforesaid; and thereupon the said Bernard H. Buckner and Aris Buckner by their attorney aforesaid, filed in Court here the following affidavit, to wit:

Aris Buckner one of the Defendants in the above case, makes oath that he is credibly and certainly informed, and has good reason to think and believe, that a fair and impartial trial of the above named cause cannot be had in the County of Washington, where the said suit is depending: and prays for the usual order for removing the same into the County of Alexandria, pursuant to the provisions of the act of Congress in such cases.

And the said Defendant further makes Oath, that some time early in the session of this Court, commencing in March last, he duly made and presented to the Court then in session, an affidavit, duly sworn to in open court, of the same effect as above, and thereupon moved the Court for such order as aforesaid: which order, no opposition being thereto made, he understood was granted; and he attended the late term of this Court at Alexandria, under the full expectation and belief of finding such order carried into effect, and the said case there docketted for trial: but to his surprise discovered that the case had not been transmitted from this Court to that; and upon enquiry finds that, owing to the accidental omission and inadvertency either of the Court or the Clerk, no   5. "trace either of the former affidavit, or of the motion and order thereupon made, can be discovered among the papers or records of this Court: he presumes that the affidavit was mislaid by the Court, and the order, though in fact allowed in the mind of the Court, was forgotten to be delivered to the Clerk; because the Clerk distinctly recollects the fact of the affidavit being presented to the Court, but has no recollection of any order thereupon being communicated to him from the Court.

This Defendant further states that a suit is depending in the Court at Alexandria, brought by a negro woman, and of the same set of negroes as those who are Petitioners in the above cases, against Franklin and Armfield, to whom she was sold, and which suit is defended by this Defendant, as being answerable over: that the last mentioned case is to be tried at the ensuing adjourned Term at Alexandria, when and where it would be highly convenient and save much expence to try all the cases together, as they are all intimately connected together, in the evidence and principles of law on which they depend.

Aris Buckner.

Sworn to by Aris Buckner in Open Court this 20th May 1834.
Test,
W. Brent, clk"

Which being read and heard, it was ordered by the Court here, in pursuance of the law   6 in such case made and provided, that a Transcript of the record and proceedings, in the plea aforesaid, with all things thereunto relating, be transmitted to Alexandria County. And the same is transmitted accordingly.

In Testimony of all which, I hereunto subscribe my name and affix the seal of the said Circuit Court, at the City of Washington, this 6th day of August 1834.
W. Brent, clk