O Say Can You See

Be it remembered that heretofore to wit, on the twenty eighth day of March in the year of our Lord one thousand seven hundred and ninety two, Priscilla Shorter by Gabriel Duvall her attorney, preferred and filed in the General Court here her Petition for Freedom against John Smith which is in form following to wit.

To the honourable the Judges of the General Court. The petition of Priscilla Shorter humbly sheweth, that she together with her daughter Charity Shorter are held in slavery by John Smith of St. Marys County, and she is advised that they are entitled to their freedom, being descended in the female line from a free white woman named Elizabeth Shorter. She therefore prays your honours the premises being considered to discharge them from the Custody of the said John Smith and that summons may issue for him to attend this petition and she   will pray and so forth. G. Duvall for Peto

Whereupon in pursuance of the Rule and order of the Court here in such case made, on the twenty eighth day of March in the year of our Lord one thousand seven hundred and ninety two the said Priscilla Shorter for herself and her daughter Charity by her attorney 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 John Smith directed to the sheriff of St. Mary County in form following to wit.

The State of Maryland Sct To the sheriff of Saint Marys County Greeting. We command you that you summons John Smith late of Saint Marys County that all excuses and delays set a side he 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 the Petition of Priscilla Shorter and her daughter Charity Shorter prefered against him for their Freedom. Hereof he 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 14th day of February Anno Domino 1792.

Issued the 28th day of March 1792 GD. Jno Gwynn 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 Priscilla Shorter for herself and her daughter Charity by her attorney aforesaid; and the sheriff of Saint Mary's County aforesaid to whom the said Summons was in form aforesaid directed makes return thereof to the Court here thus endorsed to wit.

Summoned Francis Hamersly Sheriff.

Whereupon comes into the General Court here the said Priscilla Shorter for herself and her daughter Charity Shorter by Philip Barton Key her attorney; And thereupon further process of and upon the premisses 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 ninth day of the same month in the year of our Lord one thousand seven hundred and ninety two, come again into the General Court here as well the said Priscilla Shorter for herself and her Daughter Charity, as the said John Smith by his attorney aforesaid; And the parties aforesaid by their attornies aforesaid agree that all Depositions taken   taken in this case on ten days notice to the petitioner or defendants Council before a Justice of the peace shall be received and read in evidence in all the cases of Petitioning negroes under the name of Shorter, claiming their Freedom as descendants of a certain Elizabeth Shorter or her female Ancestors, on the General Question touching the right of Elizabeth Shorter or her female Ancestors to Freedom under the Laws of this Country; 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 fourteenth 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 Priscilla Shorter for herself and her Daughter Charity by her attorney aforesaid, as the said John Smith by his 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 Eighth day of the same 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 Priscilla Shorter for herself and her daughter Charity by her attorney aforesaid, as the said John Smith by his attorney aforesaid; Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here is further continued untill 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 same 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 Priscilla Shorter for herself and her Daughter Charity by her attorney aforesaid, as the said John Smith by his attorney aforesaid; Thereupon further process of and upon the premises aforesaid, between the parties aforesaid by order   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 same 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 Priscilla Shorter for herself and her daughter Charity by her attorney aforesaid as the said John Smith by his attorney aforesaid; Thereupon further process of and upon the premises aforesaid between the parties aforesaid, by order of the Court here is further continued untill the second Tuesday of May next; the same day is given to the said parties 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 Priscilla Shorter for herself and her Daughter Charity by her attorney aforesaid, as the said John Smith by his attorney aforesaid; Thereupon further process of and upon the premises, 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 said parties then and so forth.

And now at this day to wit, the said second Tuesday of October being the thirteenth 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 Priscilla Shorter for herself and her Daughter Charity, by her attorney aforesaid as the said John Smith by his attorney aforesaid. And the said Priscilla Shorter for herself and her Daughter of Charity, by her attorney aforesaid files in Court here sundry Depositions which are in form following to wit.

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   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 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, and 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 Nase. 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, 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 Smiths 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 Smiths and died of that Illness; that this deponent never seen the said Tom but once before that and he them 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   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 Gerard Shorter who petitioned against Mary Boarman is son of this deponents Sister Jenny who petitioned against Mrs Bradford. That Patty Shorter who 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 deponents 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.

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 a Appy Shorter now deceased; the deponent knew Appy well she belonged to the said Henry Neale; that Appy has been dead about sixteen years; that she had eleven children, to wit, Henny Joshua, Anthony, Jenny, Shadrack, George, Nelly, Peter, Prissy and Lucy and Gerard; that Henny, Joshua, Jenny, Shadrack, George, Nelly, and Gerard are dead; that Lucy belongs to Henry Neale of St Marys County son of Henry Neale deceased beforementioned, 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. Sworn 27th Octo 1795 before J. Bullen

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

Jenny Shorter aged sixty two years and upwards being sworn on the holy evangely 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 Boarman 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, 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 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. J. Bullen

Whereupon   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 Priscilla Shorter the petitioner aforesaid, and her Daughter Charity, is entitled to their freedom being descended in the female line, from a free white woman named Elizabeth Shorter, as she by her petition to the Court here hath alledged; Therefore it is considered by the Court here, that the said Priscilla Shorter the petitioner aforesaid and her daughter Charity, be free and discharged of and from the service of the aforesaid John Smith and that she the said Priscilla Shorter the petitioner aforesaid, and her daughter Charity go thereof without day, &c. It is further considered by the Court here, that the said Priscilla Shorter the petitioner aforesaid and her daughter Charity, recover against the said John Smith the quantity of seven hundred and twenty three pounds of Tobacco by the Court here unto him the said Priscilla Shorter on his assent adjudged for her costs and Charged by her about the prosecution of her petition aforesaid laid out and expended, and that she have thereof her execution, &c.

Test John Gwinn Clerk.