Nancy Queen v. Charles Neale. Judgment Record

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Nancy Queen
vs.
Revd. Charles Neale.

Be it remembered that now here on the third monday in June being the eighteenth day of the said month in the year of our Lord one thousand eight hundred and ten the chief Judge and associate Judges of the first Judicial district of the State of Maryland in pursuance of the act of assembly in such case made and provided transmit to the Court of Appeals here the record of proceedings in a cause which was lately depending before them in the County Court of Charles between Nancy Queen Complainant and the Reverend Charles Neale Defendant and wherein the said County Court gave Judgment in favor of the said Charles Neale against the said Nancy Queen and from which Judgment the said Nancy Queen prayed an appeal unto the Court of Appeals here the tenor of which said record of proceedings is in form following to wit. Charles County towit: At a County Court of the State of Maryland begun and held at Charles Town in and for Charles County aforesaid on the third monday in March being the 19th day of the same month in the year of our Lord one thousand eight hundred and ten and of the Independence of the United States of America the thirty fourth.

were present
John Mackall Gantt Esquire Chief Judge
Edmund Key and Daniel Clarke Esquires associate Judges
Alexander Johnson Esquire Sheriff
Jno Barnes Clk

 

Nancy Queen
vs.
Revd Charles Neale

Be it remembered that on the first day of May in the year of our Lord one thousand eight hundred and eight Nancy Queen by Gerard N Causin her attorney exhibited to the Judges of the Court here her petition for freedom against the Reverend Charles Neale in the words following towit: To the Honorable the Judges of Charles County Court The petition of Nancy Queen a person of colour humbly sheweth unto your Honors that she your petitioner is entitled to her freedom being descended through the female line from a white woman that she your petitioner is unjustly held in slavery by one Charles Neale of Charles County agent for the Corporation of the Roman Catholic Clergyman in the State of Maryland from which illegal and oppressive bondage she humbly prays be discharged by the Judgment of your honours and that summons may issue against the said Charles Neale commanding him to appear in this Honorable Court and answer the premises and your petition &c.

Gerard N Causin for petr.

Thereupon it is ordered by the Court here that the said Reverend Charles Neale do not remove the aforesaid Nancy Queen out of this County nor obstruct her from attending this Court from time to time in support of her petition for freedom against him the said Charles Neale and in the mean time to feed clothe and use the said Nancy Queen well and at the prayer of the said Nancy Queen by her attorney aforesaid summons is ordered by the Court here to issue to the sheriff of Charles County against the aforesaid Charles Neale to answer the petition aforesaid which accordingly issued in the words and figures following towit. "Charles County towit The State of Maryland To the Sheriff of Charles County Greeting We command you that you summon Charles Neale late of Charles County agent for the Corporation of the Roman Catholic Clergyman in the State of Maryland that all excuses and delays be set aside he be and appear before the Judges of our next County Court to be held at Charles Town on the third monday of August next to answer the petition of Nancy Queen preferred against him for freedom, Hereof he is not to fail and fail not at your peril and have you then and there this writ. Witness John M Gantt Esquire chief Judge of our said Court at Charles Town aforesaid the 31st day of March Anno Domini 1808. Issued the 1st day of May 1808.

Jn Barnes Clk

G N C

At which said third monday in August being the fifteenth day of the same month in the year of our Lord on thousand eight hundred and eight and the day of the return of the foregoing write comes into the County Court here the said Nancy Queen by her attorney aforesaid and the Sheriff of Charles County to whom the same write was made and directed likewise comes and makes return thereof to the Court here thus endorse towit

Sumd. Thomas A Davis Shff.

And the said Charles Neale by Clement Dorsey his attorney comes and defends the Complaint aforesaid when and where the said Court shall take the same into consideration. Whereupon it is ordered by the Court here that the said Charles Neale enter into Recognizance in the sum of one hundred pounds Current money not to remove out of Charles County the aforesaid Nancy Queen nor obstruct her   from attending this Court from time to time in support of her petition for freedom preferred against him and in the mean time to feed clothe and use the said Petitioner well. Thereupon the said Charles Neale present here in Court acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of one hundred pounds Current money to be levied of his body goods and chattles Lands and Tenements to and for the use of the said State conditioned that the said Charles Neale do not remove out of Charles County Nancy Queen the petitioner nor obstruct her from attending this Court from time to time in support of her petition for freedom preferred against him and in the mean time to feed clothe and use the said petitioner well and the said Charles Neale by his attorney aforesaid prays leave of the Court here to imparle until the third monday in March next and he hath it and the same day is given to the said Nancy Queen also.

At which said next Court towit the third monday in March being the twentieth day of the said month in the year of our Lord one thousand eight hundred and nine comes again into the County Court here as well the said Nancy Queen by her attorney aforesaid as the said Charles Neale by his attorney aforesaid and the said Nancy Queen by her attorney files in Court here the following affidavit and bill of Exceptions towit.

Moses Queen
vs
Henrietta Sanders.

Stephen Queen, Nancy Queen and Mary Queen
v
Revd Chas. Neale

Petition for Freedom.

Personally appeared before me on of the Justices of the peace for Charles County and made oath on the holy Evangels of Almighty God that they believe they cannot have a fair and impartial in the Court of Charles County in the petition now pending

Sworn before me this 28th March 1809
Henry Hagan

Nancy Queen, Stephen Queen, Mary Queen
vs
Revd. Charles Neale

Petitions for Freedom. The Petitioners in this case by their Counsel moved the Court to direct the Clerk that the records and proceedings under the sd petitions sd be removed by the act of the General Assembly of Maryland passed in November 1804. Chap. 55 § 2d which direction the Court refused to give to which opinion the Defts by their Counsel beg leave to except and pray the Court to sign this their bill of exceptions, which is accordingly done this first day of April Eighteen hundred and nine.

Daniel Clarke (seal)

And the said Charles Neale by his said attorney as before defends the Complaint aforesaid when and where the said Court shall take the same into Consideration and prays further leave thereof to imparle unto the third monday in August next and he hath it and the same day is given to the said Nancy Queen also.

At which said next Court towit the third monday in August being the 21st day of the said month in the year of our Lord one thousand eight hundred and nine comes again into the County Court here as well the said Nancy Queen by Gerard N Causin, Francis Scott Key and   John Boucher Morris her attornies as the said Charles Neale by Clement Dorsey and Henry Henley Chapman his attornies Thereupon further process of and upon the premises aforesaid between the parties aforesaid by consent of the said parties and their attornies aforesaid and by order of the Court here thereon is further continued until the third monday in March next.

And now here at this day towit the third monday in March being the nineteenth day of the said month in the year of our Lord one thousand eight hundred and ten comes again into the County Court here as well the said Nancy Queen by her attornies aforesaid as the said Charles Neale by his attornies aforesaid and the said Charles Neale by his attornies aforesaid as before defends the Complaint aforesaid when and where the said Court shall take the same into consideration and saith that the said Nancy Queen is not descended from a free white woman as the said Nancy Queen by her petition above hath alleged and of this he puts himself upon the Country &c and the said Nancy Queen by her attornies aforesaid saith that she is descended from a free white woman as the said Nancy Queen by her said petition hath alleged and of this she puts herself upon the Country &c. and the said Charles Neale in like manner &c and the said Nancy Queen by her attornies aforesaid further saith that she is lineally descended in the female line from a free woman as she the said Nancy Queen by her said petition hath alleged and of this she puts herself upon the Country &c the said Charles Neale in like manner &c where upon for trying the issue aforesaid command is given to the Sheriff of the County aforesaid that be cause to come before the court here immediately twelve &c by whom &c and who neither &c to recognize &c because as well &c and afterward towit on the same third monday in March aforesaid the Sheriff of Charles County towit Alexander Johnson Gentleman to whom the aforegoing precept was made and directed makes return thereof to the Court that he was here ready twelve &c as he the said Sheriff was Commanded towit Samuel Hawkins, John Digges, Henry S Yates, Richard Brightwill, Lawrence Posey, Thomas Rogerson, Daniel Norriss, John B Wills Junr, William Vincent, Augustine Burch, Massom Mudd and Frederick Nelson who being duly empannelled elected tried and sworn to say the truth in the premises upon their oaths do say that the said Nancy Queen is not descended from a free white woman and further that the said Nancy Queen is not lineally descended in the female line from a free white woman as the said Charles Neale by his plea aforesaid above hath alleged. Therefore it is considered by the Court here that the said Nancy Queen is not entitled to her freedom so as aforesaid by the Jurors aforesaid found and that the said Nancy Queen the petitioner return to the service of her master the aforesaid Charles Neale and in the service of her said master to remain &c and that the said Charles Neale of the petition and premises aforesaid go thereof without day &c

Memorandum It is agreed by the parties aforesaid Petitioner and Defendant respectively to release all errors that may appear in the pleadings in this cause.

 

In the trial of this cause the Honorable John Mackall Gantt Chief Judge withdrew from the Bench

And thereupon the aforesaid Nancy Queen by her attornies aforesaid prays an appeal from the Judgment aforesaid so as aforesaid rendered to the High Court of Appeals and the same is granted her. It is therefore ordered by the Court here that the record and proceedings in the plea aforesaid with all things thereunto relating be transmitted to the said High Court of Appeal and the same are transmitted to the said Court accordingly

Test. John Barnes Clk

Maryland, Charles County Se. In Testimony that the aforegoing is truly copied from the record of the proceedings of Charles County Court. I have hereto subscribed my name and affixed the seal of the County Court aforesaid this fifteenth day of June in the year of our Lord one thousand eight hundred and ten.

(seal)

John Barnes Clerk of Charles County Court. And now come into the Court of Appeals here as well the said Nancy Queen by Francis Scott Key her attorney as the said Charles Neale by Clement Dorsey and Henry H Chapman his attornies and thereupon on motion of the said Charles Neale by his attornies aforesaid it is ruled by the Court here that the said Nancy Queen assign the errors in the record of proceedings of the Judgment aforesaid brought before the Court here for correcting errors supposed to be therein or Judgment by the Court here will be entered against her in default thereof and the said Nancy Queen by her attorney aforesaid says that in the record of proceedings aforesaid as also in rendering the Judgment aforesaid it is manifestly erred in this that is to say, that by the record of proceedings aforesaid it appears that the Judgment aforesaid in form aforesaid given was given for the said Charles Neale against her the said Nancy Queen, when by the law of the Land that Judgment ought to have been given for her the said Nancy Queen against the said Charles Neale therefore in this it is manifestly erred and she prays that the Judgment aforesaid for this and other errors in the record of proceedings aforesaid being may be revoked annulled and held for naught and that she the said Nancy Queen to all which she by occasion of the Judgment aforesaid hath lost may be restored &c. and she prays that the said Charles Neale may rejoin to the errors aforesaid and soforth. And Thereupon it is ruled by the Court here that the said Charles Neale may rejoin to the errors aforesaid by the said Nancy Queen above assigned in the record of proceedings of the Judgment aforesaid or Judgment by the Court here will be rendered against him in default thereof. And the said Charles Neale by his attornies aforesaid prays that a day may be given him to join in the errors by the said Nancy Queen above assigned in the record of proceedings aforesaid until the third monday in December next and to him it is granted the same day is also given to the said Nancy Queen then &c.

And now at this day towit the said third monday in December being the seventeenth day of the said month in the year of our Lord one thousand eight hundred and ten which said day was given to the said Charles Neale to join in the errors by the said Nancy Queen above assigned come into the Court of Appeals here the parties aforesaid by their attornies aforesaid And the said Charles Neale by his attornies aforesaid says that neither in the record of proceedings   aforesaid nor in rendering the Judgment aforesaid it is in any wise erred and he prays that this Court of Appeals here may proceed to examine as well the record of proceedings aforesaid as the matters aforesaid above assigned for error. And that the Judgment aforesaid in form aforesaid given may be in all things affirmed and soforth. Whereupon as well the record of proceedings aforesaid and the Judgment given in form aforesaid as the matters aforesaid by the said Nancy Queen above for errors assigned being seen and fully understood by the Court here and nature deliberation there upon had for it appears to the Court here that there is no error either in the record of proceedings aforesaid or in the giving Judgment aforesaid. Therefore it is considered by the Court here that the Judgment aforesaid in form aforesaid given be in all things affirmed and stand in full force and effect the said cause for error above assigned and alleged in any wise notwithstanding.

Memorandum.     At the argument and decision of this case in the Court of Appeals. The Honorable John Mackall Gantt Esquire Judge withdrew from the Bench.

Test. Th. Harris Junr. clk

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