Ann Queen v. Sylvester Boarman and David Queen v. Sylvester Boarman. Court Record of Nancy Queen v. Charles Sewall

 

Charles County to wit At a County Court for the State of Maryland begun and held at Charles Town in and for Charles County on the third monday in August being the 15th day of the same month Anno Domini seventeen hundred and ninety six.

Present
Michael Jenifer Stone Esquire Chief Justice.
Henry Hendley Chapman and Henry Barnes Esquire Associate Justices

Joseph Green Esquire Sheriff.
John Barnes Clerk.

In the Record of the proceedings of the same Court among others is the following to wit.

Nancy Queen
against
Revd. Charles Sewall

Be it remembered that on the 7th day of June Anno Domini 1794 Nancy Queen by Thomas Buchanan her attorney exhibited to the Justices of the Court here her petition for freedom against the Reverend Charles Sewall in the words following towit.

To the honble The Justices of Charles County Court. The Petition of Nancy Queen humbly sheweth, that your petitioner is entitled to her freedom being the descendant of a free woman named Mary Queen and is unjustly held in slavery by The Revd Mr Charles Sewall of Charles County aforesaid she therefore prays your honors to take her case into consideration and release her from such unlawful servitude, and she will pray &c.

Th. Buchanan for the Petitioner.

Whereupon it is ordered by the Court here that the said Revd Charles Sewall 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 Sewall 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 the attorney aforesaid   Summons is ordered by the Court here to issue to the Sheriff of Charles County against the said Charles Sewall to answer the petition aforesaid which accordingly issued in the words and figures following towit.

Charles County to wit, The State of Maryland to the Sheriff of Charles County Greeting, we command you that you summon the Revd Charles Sewall of Charles County, that all excuses & delays set aside, he be and appear before the Justices of our next County Court to be held at Charles Town on the third monday in August next to answer unto the petition of Nancy Queen perfered against him for freedom, Hereof he is not to fail and fail not at your peril, and have there then this writ.

Witness Michael Jenifer Stone Esquire Chief Justice of our said Court at Charles Town aforesaid the 5th day of April Anno Domini 1794.

Jno. B. Turner Clk

Issued the 7th June 1794 (T. Buchanan)

At which said third monday in August being the day of the return of the aforegoing writ comes into Court here the said Nancy Queen by her attorney aforesaid, and the Sheriff of Charles County to whom the same writ was made and directed likewise comes and makes return thereof to the Court here thus endorsed towit. Summd James Simms Shff.

And the said Charles Sewall by Francis Digges and Walter Dorsey his attornies 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 Sewall 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 a   a certain William Chandler Brent of Charles County 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 chattels, lands and tenements to and for the use of the said State, Conditioned that the aforesaid Charles Sewall do not remove out of Charles County Nancy Queen the petitioner aforesaid not obstruct her from attending this court from time in support of her petition for freedom prefered against him and in the mean time to feed clothe and use the said Petitioner well. And the said Charles Sewall by his Attornies aforesaid prays leave of the court to emparl here unto until next court and he hath it and the same day is given to the said Nancy Queen also. At which said next court to wit the third monday in March Anno Domini seventeen hundred and ninety five come again the parties aforesaid by their attorneys aforesaid and the said Charles Sewall 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 emparl hereunto until next court and he hath it and the same day is given to the said Nancy Queen also.

At which said next court to wit, the third monday in August Anno Domini seventeen hundred and ninety five come again the parties aforesaid by their attornies aforesaid and the said Charles Sewall by his said attornies aforesaid as before defends the complaint aforesaid when and where the same Court shall take the same into consideration, Whereupon this cause is by order of the court here and by and with the consent of parties continued until next court. At which said next Court to wit, the third monday in March Anno Domini seventeen hundred and ninety six come again the parties aforesaid by   by their attornies aforesaid and the said Charles Sewall by his said attornies as before defends the complaint aforesaid when & where the same court shall take the same into consideration. Where upon this cause is by order of the court here and by and with the consent of parties continued until next court.

At which said next court, towit, the third monday in August Anno Domini seventeen hundred and ninety six comes again as well the said Nancy Queen by her attorney aforesaid as the said Charles Sewall by Francis Digges Walter Dorey and William Kilty his attornies, and the said Charles Sewall by his said attornies as before defends the complaint aforesaid when and where the said Court shall take the same into consideration and admitting that the said Nancy Queen descended from Mary Queen mentioned in the said Petition, says that the said Mary Queen the great grand mother of the petitioner from whom by descent the petitioner claims her freedom always was a slave, and this the said Charles is ready to verify, without that, that the said Mary was free, as alledged by the said petition.

And the said Nancy by her attorney aforesaid saith that the said Mary Queen was not a slave at the time of the birth of the issue of Mary Queen from whom the said Nancy is descended as the said Charles above in pleading hath alledged and this the said Nancy prays may be enquired of by the Country andsoforth, and the said Charles doth the like &c.

Whereupon for trying the issue aforesaid between the parties aforesaid above joined to be tried by the Country, command is given to the Sheriff of Charles County that he cause to come before the Justices of our County Court here immediately twelve &c by whom &c and who neither &c to recognize &c because as well &c. And afterwards to wit on the same third monday in August aforesaid the Sheriff of Charles County to wit Joseph Green Esquire to whom the aforegoing precept   was made and directed makes return thereof to the Court here that he has here ready twelve &c as he the said Sheriff was commanded to wit, Walter D. Gibbons, Charles Mankin, Francis Lancaster, Thomas Harrison, James Fenwick, George Chapman, Richard Mason, Ignatius Middleton, James Neale, John McPherson, Burford Cottrell and William McConchie Junior who being duly empannelled elected tried and sworn to say the truth in the premises upon their oath do say that the said Mary Queen that great grand mother of the petitioner from whom by descent the petitioner claims her freedom always was a slave as the said Charles Sewall by his plea aforesaid above hath alledged. Therefore it is adjudged by the Justices of 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 the petitioner return to the service of her master the aforesaid Charles Sewall and in the service of her said master to remain &c. and that the said Charles Sewall of the Petition and Premises aforesaid go thereof without day &c.

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

In the trial of this cause the chief Justice withdrew, and before the Jurors aforesaid withdrew from the bar of the Court here, the said Nancy Queen by her Attorney aforesaid filed in court here the following Bills of Exception to wit.

Nancy Queen
vs
Revd. Charles Sewall

Petition for freedom.

At the trial of this cause the Defendant by counsel to maintain and support the issue on his part offered in evidence to the Jury the deposition of Benjamin Duvall taken and filed in this cause.

Benjamin Duvall aged eighty three years   years being sworn on the holy evangels of almighty God deposeth and saith that he knew a negro woman belonging to James Carroll commonly called the Poppow Queen who came into this Country in a Vessel, the name of the Captain of which he did not hear but thinks the vessel came into West river and that the said Poppaw Queen was purchased as he this Deponant always understood by the aforesaid James Carroll & that this deponents father Mareen Duvall who lived at the White Marsh and adjoining the plantation of the said Carroll did also purchase from the said Vessel a negro woman who was called Sarah and that old Mr Murdock purchased from the same vessel a negro man who was called Golden Coast Tom and and that several other people in the neighbourhood purchased negroes from the same vessel, and he understood a good many negroes were brought in the said vessel (and Sarah aforesaid and the Poppaw Queen said a number of them died during the passage and were thrown overboard and further said that they two were healthy being allowed to be on deck and washing for the sailors and further said that one of the Poppaw Queens sisters came in with her and that two of her brothers were in the vessel and died on the passage.) This deponent further Saith that the woman before mentioned belonging to James Carroll often came to see his fathers woman Sarah that they spoke the same language (and always said they were ship mates) and that they spoke in a language he could not understand in their own country language and could talk a whole day without his understanding them and that after the death of Sarah aforementioned the Poppaw Queen did not come to his fathers any more. That the Poppaw Queen wore Beads on her arms and had her head dressed with them and twisted round her hair   hair which was when dressed near a yard long and on the top she had a knot of Beads, that he knew this woman belonged to James Carroll many years that she was always treated by her master as a slave that he never heard her or any other person say that she was entitled to or had any pretentions to her freedom, that he knew a Mulatto Boy named Ralph who was her son (as it was said) by Thomas Barm who kept her as a mistress That he never knew any other woman in the family of James Carroll by the name of Queen, that he was frequently at Fingol where James Carroll lived, that he never heard any disputing between James Carroll and the aforesaid negro woman respecting her right to freedom nor did he ever hear his father or any of his Brothers or Sisters say that they heard any such thing That James Carroll had no other place of Residence nearer to this Deponents fathers than that at Fingol which is about ten or twelve miles distant (This Deponent further saith he understood the aforementioned Sarah was a Mundingo negro and that the Poppaw Queen was not from the same Country but from the Poppaw Country there being as he understood several different countrys from which negroes came such as the Golden Coast and others) that Sarah was a black woman and spoke English Pretty well, and that the Poppaw Queen spoke it in a more broken manner, being asked if the woman purchased by his father was dressed in the same manner as the Poppaw Queen answers that she was not, that she was almost naked having only a shirt round her shoulders and another round her waist and that she likewise wore some blue beads small and different from the Poppaw Queens. Being asked if he ever saw the Poppaw Queen   at the White Marsh answers he has she was frequently there Being asked if he ever saw James Carroll there answers he has frequently that James Carroll called her his Poppaw Queen, being asked what was the complexion of the Poppaw Queen answers she was very yellow, being asked how old he was when he last saw her answers about fifteen or sixteen That he never saw her after he lived with Madam Henderson, Being asked if he understood what became of the Poppaw Queen afterwards answers that he understood that James Carroll gave her away or sold her a considerable distance off, Being asked if he remembers when his father bought his negro answers he does that he thinks he was about eight years old. Being asked how old he was when he left his fathers neighbourhood answers he was about twenty years old that he never knew any of the Poppaw Queens children but Ralph who it was said was her son This deponent further saith that the Poppaw Queen said she was a queen in her own Country. Being asked if he never heard any body say the Poppaw Queen was free or a slave says he never heard any body say any thing about her, being asked why he thought the vessel came into West river, answers because his father was gone two days being asked if he ever heard that she came into West river, answers he did not, and further this deponent saith not.

Sworn to this 13th day of September 1794
before Thos. Duckett Associate Justice

In Testimony that the aforegoing is a true copy taken from the original filed in a petition for freedom depending in Prince Georges County Court between Phillis Queen and John Ashton. I have hereto set my hand and affixed the Seal of my office   this twenty third day of September 1795.

John Read Magruder Junr. Clk of Prince Georges County Court

And the said Plaintiff by her counsel objected to that part of the deposition being read to the Jury which is included in the words and figures following to wit "And Sarah aforesaid & the Poppaw Queen said a number of them died during the passage and were thrown over board, and further said that they two were healthy being allowed to be on deck and washing for the sailors and further said that one of the Poppaw Queens sisters came in with her and that two of her brothers were in the vessel and died on the passage" as compitent and legal evidence to the Jury to support the issue on the part of the Defendant but the court were of opinion and so directed the Jury that the said part of the deposition might be read as evidence as to the declarations of the Poppaw Queen but that the declarations therein mentioned to have been made by Sarah were not to be received in evidence. To which opinion and direction of the court the counsel for the Plaintiff prayed leave to except according to the Statute in such cases made and provided, and that they would sign and seal this his Bill of Exceptions which is accordingly done this fourth day of November seventeen hundred and ninety six.

Henry H. Chapman (seal)
Henry Barnes (seal)

Nancy Queen
vs
Revd. Charles Sewall

Petition for freedom.

In the trial of this cause the Defendant by his counsel in order to support the issue on his part offered to read in evidence to the Jury empannelled and sworn to try the issue in   this cause the deposition of Benjamin Duvall taken and filed in this cause. Benjamin Duvall aged eighty three years being sworn on the holy Evangels of Almighty God deposeth and saith that he knew a negro woman belonging to James Carroll commonly called the Pappow Queen who came into this country in a vessel the name of the Captain of which he did not hear but thinks the vessel came into West river and that the said Pappow Queen was purchased as he this Deponant always understood by the aforesaid James Carroll. That this deponents father Mareen Duvall who lived at the White Marsh and adjoining the plantation of the said Carroll did not also Purchase from the said vessel a negro woman who was called Sarah and that old Mr Murdock purchased from the same Vessel a negro man who was called Golden Coast Tom and that several other people in the neighbourhood purchased negroes from the same Vessel and he understood a good many negroes were brought in the said Vessel (and Sarah aforesaid and the Poppaw Queen said a number of them died during the passage and were thrown overboard, and further said that they two were healthy being allowed to be on Deck and washing for the Sailors and further said that one of the Poppaw Queens sisters came in with her and that two of her brothers were in the Vessel and died on the passage) This deponent further saith that the woman beforementioned belonging to James Carroll often came to see his fathers woman Sarah that they spoke the same language (and always said they were ship mates) and that they spoke in a language he could not understand in their own country language and could talk a whole day without his understanding them and that after the death of Sarah aforementioned the Poppaw Queen did not come to this fathers any more   That the Poppaw Queen wore beads on her arms and had her head dressed with them and twisted round her hair which was when dressed near a yard long and on the top she had a knot of beads that he knew this woman belonged to James Carroll many years that she was always treated by her master as a slave that he never heard her or any other person say that she was entitled to or had any pretention to freedom That he knew a Mulatto Boy named Ralph who was her son (as it was said) by Thomas Barm who kept her as a mistress That he never knew any other woman in the family of James Carroll by the name of Queen that he was frequently at Fingol where James Carroll lived That he never heard any disputing between James Carroll and the aforesaid negro woman respecting her right to freedom nor did he ever hear his father or any of his brothers or sisters say that they heard any such thing That James Carroll had no other place of residence nearer to this deponents fathers than that at Fingol which is about ten or twelve miles distant (This deponent further saith he understood the aforementioned Sarah was a Mundingo negro and that the Poppaw Queen was not from the same Country but from the Poppaw Country there being as he understood several different Countrys from which negroes came such as the Golden Coast and others) that Sarah was a Black woman and spoke English Pretty well and that the Poppaw Queen spoke it in a more Broken manner. Being asked if the woman purchased by his father was dressed in the same manner as the Poppaw Queen answers that she was not that she was almost naked having only a shirt round her Shoulders and another round her waist and that she likewise wore some blue beads small and different from the Poppaw Queens. Being asked if he ever saw the Poppaw   Queen at the White Marsh answers he has she was frequently there Being asked if he ever saw James Carroll there answers he has frequently that James Carroll called her his Poppaw Queen Being asked what was the complexion of the Poppaw Queen answers she was very yellow. being asked how old she was when he last saw her answers about fifteen or sixteen That he never saw her after he lived with Madam Henderson Being asked if he understood what became of the Poppaw Queen afterwards answers that he understood that James Carroll gave her away or sold her a considerable distance off Being asked if he remembers when his father bought his negro answers he does that he thinks he was about eight years old. Being asked how old he was when he left his fathers neighbourhood answers he was about twenty years old that he never knew any of the Poppaw Queens children but Ralph who it was said was her son This deponent further saith that the Poppaw Queen said she was a queen in her own Country Being asked if he ever heard any body say the Poppaw Queen was free or a slave says he never heard any body say any thing about her Being asked why he thought the vessel came into West River, answers because his father was gone two days Being asked if he ever heard that she came into West River answers he did not and further this Deponent saith not.

Sworn to this 13th day of September 1794
before Thos. Duckett Associate Justice

In Testimony that the aforegoing is a true copy taken from the original filed in a petition freedom depending in Prince Georges County Court between Phillis Queen and John Ashton, I have hereunto set my hand and affixed the seal   of my office this twenty third day of September 1795.

John Read Magruder junr. Clk of Prince Georges County Court

And the Plaintiff by her Counsel objected to that part of it being read in evidence which is contained and expressed in the following words to wit. "This Deponent further saith he understood the aforementioned Sarah was a Mundingo negroe and that the Poppaw Queen was not from said Country but from the Poppaw Country there being as he understood several different Countries from which negroes came such as the Golden Coast and others" as legal and competent evidence to support the issue on the part of the Defendant to which evidence so offered the Plaintiff by his Councel objected, but the court were of opinion the same was legal and competent to support the issue and directed the same to be read to the Jury which was done, to which opinion and direction of the court the Plaintiff by her councel prayed leave to except, according to the Statute in such cases made and provided, and that they would sign seal and allow this his Bill of Exceptions which is accordingly done this fourth day of November seventeen hundred and ninety six.

Henry H. Chapman (seal)
Henry Barnes (seal)

And thereupon the aforesaid Nancy Queen by her Attorney aforesaid prays an appeal from the Judgment aforesaid so as aforesaid rendered to the Honorable the Judges of the General Court for the Western Shore of the State of Maryland and the same is granted her.

It is therefore ordered that the record and proceedings between the parties aforesaid with all things thereunto relating be transmitted to the Honorable the Judges of the   General Court aforesaid and the same is hereby transmitted accordingly.

Test. Jno Barnes Clk

State of Maryland, Charles County Sct. I hereby certify that the aforegoing is a true copy taken from the Record and Proceedings of Charles County Court.

In Testimony whereof I have hereunto set my hand and affixed the Seal of my office this 21st day of May Anno Domini 1798.

Jno. Barnes Clk of Charles County Court

Transcript & Search 180
Seal 5
185 Tobo. [illegible]
Paid J. B.

Nancy Queen
v
Revd. Charles Sewall

Transcript

No. 3
for Mr. Sewall

Fild. 26 Mar: 1861