O Say Can You See

Be it remembered that heretofore to wit, on the ninth day of February in the year of our Lord one thousand seven hundred and ninety two; Gerard Shorter by Gabriel Duvall his attorney preferred and filed in the General Court here his petition for Freedom against Mary Boarman which is in form following to wit.

To the honourable the Judges of the General Court. The Petition of Gerard Shorter humbly sheweth, That he is held as a slave by Mary Boarman of Charles County; and he is advised he is entitled to his freedom, being descended in the female line, from Elizabeth Shorter a free woman. He therefore prays your honours, the premises being considered, and the facts proved, to discharge him from the further service of the said Mary Boarman and he as in duty bound will pray and so forth. G. Duvall for Pet.

Whereupon, in pursuance of the Rule of the Court here in such cases made and provided, the said Gerard Shorter by his attorney aforesaid on the day and your aforesaid prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said Mary Boarman directed to the sheriff of Charles County in form following to wit.

The State of Maryland Sst. To the sheriff of Charles County greeting. We command you that you summons Mary Boarman of Charles County that all delays and excuses set aside, she be and appear before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of May next to answer unto the Petition of Gerard Shorter preferred against her for Freedom; hereof she is not to fail, and fail not at your peril and have you then and there this writ; Witness the Honble Samuel Chase Esquire Chief Judge of our said Court the 29th day of December Anno Domino 1791.

Issued the 9th day of February 1792 (G.D.) John Gwinn Clk.

At which said second Tuesday of May being the eighth day of the said month in the year of our Lord one thousand seven hundred and ninety two, and the day of the return of the aforegoing Summons comes into the General Court here the said Gerard Shorter by his attorney aforesaid; and the sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid directed makes return thereof to the Court here thus endorsed to wit. Non Est. James Simms sheriff

And the said Mary Boarman comes not into the General Court here; Whereupon   Whereupon, afterwards to wit, on the sixth day of July in the year of our Lord one thousand seven hundred and ninety two the said Gerard Shorter by his attorney aforesaid again, prosecuted and sued forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said Mary Boarman directed to the sheriff of Charles County in form following to wit.

The State of Maryland to wit. To the sheriff of Charles County Greeting. We command you that your summons Mary Boarman of Charles County that all delays and excuses set a side she be and appear before the Judges of our General Court to be held at the City of Annapolis on the second Tuesday of October next to answer unto the Petition of Gerard Shorter preferred against her for freedom; hereof she is not to fail and fail not at your peril and have you then and there this writ. Witness the Honble Samuel Chase Esquire Chief Judge of our said Court 30th June Anno Domini 1792.

Issued the 6th day of July Anno Domini 1792 G.D. Jno Gwinn Clk

At which said second tuesday of October being the ninth day of the said month in the year of our Lord one thousand seven hundred and ninety tow, and the day of the return of the last aforegoing Summons, comes again into the General Court here, the said Gerard Shorter by his attorney aforesaid, And the sheriff of Charles County aforesaid, to whom the said summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed to wit. Non Est. James Simms Sheriff

And the said Mary Boarman comes not into the General Court here, Whereupon afterwards to wit, on the twentieth day of December in the year of our Lord one thousand seven hundred and ninety two the said Gerard Shorter by his attorney aforesaid again prosecuted and sued forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said Mary Boarman directed to the sheriff of Charles County in form following to wit.

The State of Maryland to wit. To the sheriff of Charles County Greeting. We command you that you Summons Mary Boarman of Charles County that all delays and excuses set a side she be and appear before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of May next to answer unto the petition   Petition of Gerard Shorter preferred against her for freedom: hereof she is not to fail and fail not at your peril and have you then and there this writ. Witness the Honourable Samuel Chase Esquire Chief Judge of our said Court the 19th day of November Anno Domini 1792.

Issued the 20th day of December Anno Domini 1792 (G.D.) Jno Gwinn Clk.

At which said second Tuesday of May being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three, and the day of the return of the last foregoing Summons comes again into the General Court here, the said Gerard Shorter by his attorney aforesaid, and the sheriff of Charles County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed to wit. Non Est. James Simms Sheriff

Nevertheless, the said Mary Boarman by Philip Barton Key her attorney comes into the General Court here; Whereupon on motion of the said Gerard Shorter by his attorney aforesaid, it is ruled by the Court here that the said Mary Boarman enter into a recognizance to the State of Maryland in the usual form in such cases made and provided. Whereupon, a certain James Neale of Charles County comes into Court here in his proper person, and 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 goods and Chattels, lands and tenements to and for the use of the said State of Maryland, on condition that the said Mary Boarman do not remove the said Gerard Shorter out of the said State of Maryland nor obstruct the said Gerard Shorter from attending this Court from time to time in support of his petition for Freedom exhibited in the said Court against the said Mary Boarman, and in the mean time to feed cloath and use him the said Gerard Shorter well and pay whatever satisfaction the Court shall adjudge for the services of the said Gerard Shorter from this term to the time of the Judgment with costs Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here, is continued untill the second Tuesday of October next, the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of October being the eighth day of the said month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Gerard Shorter by his attorney aforesaid as the said Mary Boarman by her attorney aforesaid; Thereupon further process of and upon the premises aforesaid   aforesaid between the parties aforesaid by order of the Court here is further continued until the second Tuesday of May next, the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of May being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Gerard Shorter by his attorney aforesaid as the said Mary Boarman by her attorney aforesaid; Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the second Tuesday of October next, the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of October being the fourteenth day of the said month of the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Gerard Shorter by his attorney aforesaid as the said Mary Boarman by her attorney aforesaid: Thereupon, further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the second Tuesday of May next, the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of May being the twelfth day of the same month in the year of our Lord one thousand seven hundred and ninety five, come again into the General Court here as well the said Gerard Shorter by his attorney aforesaid as the said Mary Boarman by her attorney aforesaid; Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the second tuesday of October next, the same day is given to the parties aforesaid, then and so forth.

And now at this day to wit the said second Tuesday of October being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety five, come again into the General Court here as well the said Gerard Shorter by his attorney aforesaid, as the said Mary Boarman by his attorney aforesaid: And the said Gerard Shorter by his attorney aforesaid files in Court here the Depositions in form following to wit.

Leonard Shorter against Richard Edelen. Priscilla Shorter aged between   between forty and fifty years being sworn on the holy Evangely of Almighty God deposeth and saith that the Petitioner Leonard Shorter now present, is the son of the deponent, and her master John Smith sold him to Philip Ford four or five years ago, and Philip Ford gave him to the defendant who married his daughter. That Baptist Shorter who petitioned against John Smith is also son of this deponent, and is older than Leonard and is now about twenty four years of age. Sworn to this 30th day of October 1795 before J Bullen

Petition for Freedom

Sarah Butler of Anne Arundel County aged fifty three years and upwards being sworn on the holy Evangely of Almighty God deposeth and saith that she knows Priscilla Shorter now present, and has known her ever since she was born; that they were both born in the family of Henry Neale deceased, who was son of Roswell Neale; the said Priscilla Shorter is daughter of Appy Shorter now deceased; the deponent knew Appy well she belonged to the said Henry Neale; that Appy has been dead about nineteen years; that she had eleven children to wit, Henny, Joshua, Anthony, Jenny, Shadrach, George, Nelly, Peter, Prissy and Lucy and Gerrard; that Henny, Joshua, Jenny, Shadrach, George, Nelly and Gerrard are dead; that Lucy belongs to Henry Neale of St. Mary's County son Henry Neale deceased before mentioned, and has petitioned against him. That the deponent knew Jenny Shorter very well and Appy was always reputed the daughter of Jenny Shorter and they always claimed one another as mother and daughter and she never heard it contradicted. J. Bullen

Petition for Freedom

Jenny Shorter aged sixty two years and upwards being sworn on the holy evangel of Almighty God deposeth and saith that she knew Terry Shorter who petitioned against Joseph Boarman; she was daughter as the deponent always understood of Lucy Shorter who belonged to William Neale near Port Tobacco, and afterwards to the widow of said Neale, which Lucy was Sister of Henny who petitioned against Henry Barnes and of Basil who petitioned against Charles Carroll, that she knows Robert Shorter commonly called Bob Russeton who was always reputed to be the brother of the said Lucy, Henny, and Basil. The deponent also saith that Anne Shorter who petitioned against Raphael is daughter of this   deponent and was sold and sent to the Havanna as she has been informed; that the said Anne was sent away by Raphael Boarman sometime after she had petitioned being asked if Raphael Boarman knew that she had petitioned answers she thinks he did he was in the house when the deponent heard Benjamin Wakefield read the order of Court about her petitioning, that she was to be used well and the like, and she was sent away some months afterwards; that it was at the house of the within of Raphael Boarman when the deponent heard the order of Court read, and from said house she was sent. That Nell Shorter who petitioned against William Chandler Brent is daughter of Minta now deceased, who was daughter of this deponent, and the deponent knew said Nell ever since she was a child. That Phillis who petitioned against Mary Boarman is daughter of this deponent, and Letty who petitioned against said Mary Boarman is daughter of said Phillis That Tom who petitioned against Richard Jordan this deponent has known ever since he was about two years old; he is the son of Betty who was sister on the mother's and father's side of this deponent. That Clem who petitioned against Raphael Neale is a full brother of said Tom. Sworn to this 16th day of May 1796 before J Bullen.

The deposition of Terry Shorter aged fifty eight years being sworn on the holy evangely of Almighty God deposeth and saith that she knows Teresa Shorter who petitioned against Joseph Boarman and has known her eighteen or nineteen years that she is Sister of Charity Shorter who obtained her freedom against Ignatius Matthews and also a Sister of Basil Shorter who petitioned against Charles Carroll and obtained his freedom That Robert Shorter who petitioned against Mary Neale now Mary Simms by Intermarriage with Robert Simms, is also a brother of Basil who petitioned against Charles Carroll, being the son of Lucy Shorter who formerly belonged to William Neale near Port Tobacco. That Jim Shorter who petitioned against Mrs Bradford is also son of Lucy aforesaid and brother of Basil who obtained his freedom against Charles Carroll. That Stephen Shorter who petitioned against John Boarman is son of Jenny who petitioned against Mrs Bradford which Jenny is full Sister of this deponent and this deponent obtained her freedom against Mrs Chunn. That Anne Shorter who petitioned against Raphael   Raphael Boarman is also a daughter of this deponents sister Jenny aforesaid That Monica Shorter who petitioned against Edward Hazle is the daughter of Jenny Shorter who belonged to Henry Neale of St Mary's County, which Jenny is Sister of Basil who obtained his freedom against Charles Carroll. That Priscilla Shorter who petitioned against John Smith is daughter of Appy & Sister of George Shorter who petitioned against Henry Neale. That Baptist who petitioned against the said John Smith is son of the said Priscilla. That Ignatius Shorter who petitioned against John Fenwick is the son of Nanny Shorter which Nanny is aunt of this deponent and this deponent knew Nanny ever since she the said Nanny was a child, and she is about five years younger than the deponent that Nanny was the daughter of Patty Shorter who belonged to old John Lancaster and was Grand mother of this deponent; that she has understood that said Nanny is now in Kentucky with Mr. Fenwick who claims Nan. That Phillis Shorter who has petitioned against Mary Boarman is daughter of this deponents sister Jenny who petitioned against Mrs Bradford and Letty who has petitioned against the said Mary Boarman is daughter of said Phillis. That Thomas Shorter who belongs to Richard Jordan she has always understood was son of the deponents Sister Betty that Betty's mother was the deponents mother and Betty was many years younger than the deponent and the deponent knew her ever since she the said Betty was a child, being both born in the same family. That when the deponent went to see her mother and her Sister at John Smith's on patuxent the said Tom was a boy and appeared to be about six or seven years old, that the deponents mother Nelly was then sick at Mr Smith's and died of that Illness; that this deponent had never seen the said Tom but once before that and he then seemed to be about two years old; that her said Sister Betty was then big with her next child and Tom always past for Bettys child and she never heard it contradicted or questioned. That Clem Shorter who petitioned against Raphael Neale is about three years older than Tom and she has known Clem ever since she knew Tom having first seen them at the same time and Clem always past as the son of the deponents sister Betty aforesaid and she never heard it contradicted and he was owned by Betty as her child. That Ignatius Shorter who petitioned against Henry Howell is brother of this deponent and son of her mother Nelly, and the deponent has known him ever since he was a child.

That Gerrard Shorter who petitioned against Mary Boarman is son of this deponent's Sister Jenny who petitioned against Mrs Bradford. That Patty   Patty Shorter who has petitioned against Thomas Stone this deponent has known ever since she was a child, she is daughter of Betty who was aunt of this deponent and sister of this deponent's mother Nelly and was always reputed as such and she never heard it contradicted, the said Betty was daughter of Patty who belonged to old John Lancaster as the deponent always understood and never heard it contradicted. Sworn this 17th day of October 1795 before John Randall. Taken before John T. Mason and Gabriel Duvall.

Whereupon all and singular the premises between the parties aforesaid by the Court here being seen heard and fully understood, and mature deliberation thereupon had, for that it appears to the Court here, that the said Gerard Shorter, the Petitioner aforesaid is entitled to his freedom, being descended, in the female line, from Elizabeth Shorter a free woman as he by his Petition to the Court here has alledged; therefore it is considered by the Court here, that the said Gerard Shorter the Petitioner aforesaid, be free and discharged of and from the service of the aforesaid Mary Boarman and that he the said Gerard Shorter the petitioner aforesaid, go thereof without day, &c. It is further considered by the court here, that the said Gerard Shorter the Petitioner aforesaid, recover against the said Mary Boarman the sum of six hundred and seventy one pounds of Tobacco by the Court here unto here the said Gerard Shorter on his assent adjudged for his costs and charges by him about the prosecution of his Petition aforesaid laid out and expended and that he have thereof his execution, &c.

Test John Gwinn Clk.