O Say Can You See

Be it remembered that heretofore to wit, on the Eleventh day of April in the year of our Lord one thousand seven hundred and ninety two; Lucy Shorter for herself and her five Children   Children, Charles, Will, Gerrard, Abby and Henny, by Gabriel Duvall her attorney preferred and filed in the General Court here her petition for Freedom against Henry Neale which is in form following to wit.

To the honourable the Judges of the General Court. The Petition of Lucy Shorter humbly sheweth; that she with her five Children, Charles, Will Gerrard, Abby, and Henny are held in slavery by Henry Neale 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 you honours the premises being considered to discharge them from the Custody of the said Henry Neale; if she should prove their descent as aforesaid and that summons may issue for the said Henry Neale to answer this petition, and she will pray and so forth. G. Duvall for the Petr.

Whereupon in pursuance of the rule and order of the Court here in such case made on the Eleventh Day of April in the year of our Lord one thousand seven hundred and ninety two the said Lucy Shorter for herself and her six children, Charles, Will, Gerrard, Abby and Henny 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 Henry Neale directed to the sheriff of Charles County in form following to wit.

The State of Maryland Sct To the sheriff of Saint Mary's County Greeting. We command you that you summons Henry Neale late of Saint Marys County that all excuses and delays set a side he be and appear before the Judges of our General to be held at the City of Annapolis on the second Tuesday of May next, to answer unto the petition of Lucy Shorter and her five Children Charles Will Gerrard, Abby and Henny, 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 the honourable Samuel Chase Esquire Chief Judge of our said Court the 14th day of February Anno Domini 1792. Issued the 11th day of April 1792. GD. Jno 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, come and the day of the return of the aforegoing Summons, comes into the General Court here the said Lucy Shorter for herself and her five Children Charles, Will, Gerrard, Abby   Abby and Henny by her attorney aforesaid; and the sheriff of Saint Marys County aforesaid to whom the said summons was in form aforesaid directed makes return thereto the Court here thus endorsed to wit.

Summoned. F. Hammersley Shff.

Whereupon comes into the General Court here the said Henry Neale by Philip Barton Key his attorney; And thereupon further process of and upon the premises aforesaid between the parties aforesaid, between the parties aforesaid, by order of the Court here is 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 ninth day of the said month in the year of our Lord one thousand seven hundred and ninth two, come again into the General Court here the as well the said Lucy Shorter for herself and her five Children, Charles, Will, Gerrard, Abby and Henny by her attorney aforesaid as the said Henry Neale by his attorney aforesaid; And the parties aforesaid by their attornies aforesaid agree that all depositions 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 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 said parties 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 Lucy Shorter for herself and her five children, Charles, Will, Gerrard, Abby and Henny by her attorney aforesaid, as the said Henry Neale by his attorney   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 said parties 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 the said Lucy Shorter for herself and her five children, Charles, Will Gerrard and Abby, and Henny by her attorney aforesaid, as the said Henry Neale 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 May next; the same day is given to the said parties 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 the said as well the said Lucy Shorter for herself and her five children Charles, Will, Gerrard, Abby and Henny, by her attorney aforesaid as the said Henry Neale by his attorney aforesaid; Thereupon further process of and upon the premises aforesaid, between the parties aforesaid by order 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.

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 Lucy Shorter for herself and her five children, Charles, Will, Gerrard, Abby, and Henny, by her attorney aforesaid as the said Henry Neale 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 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 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 Lucy Shorter for herself and her six children Charles, Will, Gerrard, Abby, and Henny by her attorney aforesaid, as the said   said Henry Neale by his attorney aforesaid; Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order oft eh 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 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 Lucy Shorter for herself and her five Children, Charles, Will, Gerrard, Abby and Henny by her attorney aforesaid, as the said Henry Neale by his attorney aforesaid; And the said Lucy Shorter for herself and her five Children Charles, Will, Gerrard, Abby and Henny 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 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 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   Henry Neale of St. Marys 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 deponent's Sister Betty that Bettys 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 Smiths on Patuxent the said Tom was a boy and appeared to be about six or seven 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 Betty's 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 Shorter who   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, Jno 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 Appy Shorter now deceased; the deponent 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, Shadrack, George, Nelly Peter Prissy and Lucy and Gerrard; that Henny Joshua, Jenny Shadrack, George, Nelly and Gerrard are dead; that Lucy belongs to Henry Neale of Saint Marys County son of 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 neither 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 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   about twenty four years of age.

Sworn to this 30th day of October 1795; before, J. Bullen.

Jenny Shorter aged sixty two years and upwards being Sworn on the holy evangelist of Almighty God deposeth and saith that she has known 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 Neal 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 some time 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 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 this 16th day of May 1796 before, J. Bullen.

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 Lucy Shorter for herself and her five Children, Charles, Will, Gerrard, Abby and Henny the petitioners aforesaid   aforesaid, are entitled to their freedom, being descended, in the female line from a free white woman named Elizabeth Shorter, as they by their petition to the Court here has alleged Therefore it is considered by the Court here, that the said Lucy Shorter and her five Children, Charles, Will, Gerrard, Abby and Henny the petitioner aforesaid, be free and discharged of and from the service of the aforesaid Henry Neale and that they the said Lucy Shorter and her five children Charles, Gerrard, Will, Abby, and Henny, the petitioners aforesaid, go thereof without day, &c. It is further considered by the Court here, that the said Lucy Shorter and her five children, Charles, Will, Gerrard Abby and Henny, the petitioners aforesaid, recover against the said Henry Neale the quantity of six hundred and ninety nine pounds of Tobacco by the Court here unto her the said Lucy Shorter and her five Children Charles Will, Gerrard, Abby and Henny, on their assent adjudged for their costs and charges by them about the prosecution of their petition aforesaid laid out and expended, and that they have thereof their Execution, &c.

Test John Gwinn Clk.