O Say Can You See

Be it remembered that heretofore towit, on the Twenty first day of November in the year of our Lord one thousand seven hundred and eighty eight; Stephen Butler by Jeremiah Townley Chase his attorney, preferred and filed in the General Court here, his Petition for Freedom against Charles Carroll, which is in form following towit To the Honorable Judges of the General Court for the Western Shore of Maryland; The Humble Petition of Stephen Butler sheweth, that your Petitioner is a Descendant of a Free white woman and as such is   entitled to liberty and all the rights of a Free Man; that your Petitioner has been most unjustly and wrongfully deprived of his liberty and is now held in Slavery by Charles Carroll of Montgomery County; Your Petitioner therefore most humbly prays your honors will take his case into consideration and grant him such relief as he is by Law and Justice entitled to, and that your honors will order a summons to issue to the said Charles Carroll to be and appear before this Honorable Court by a certain day to be therein mentioned to answer the premises and your Petitioner as in duty bound will pray and soforth.

J. T. Chase for Petitioner

Whereupon, the said Stephen Butler by his attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Summons, against the said Charles Carroll, directed to the Sheriff of Montgomery County, in form following, towit.

The State of Maryland towit, To the Sheriff of Montgomery County, Greeting we command you that you Summon Charles Carroll late of Montgomery County that all excuses and delays set aside 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 Petitioner of Stephen Butler 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 Honorable Robert Hanson Harrison Esquire Chief Judge of our said Court the 18th day of November Anno domini 1788.

Issued the 28th day of March 1789. J. T. C. Jno Gwinn Clk.

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 eighty nine, and the day of the return of the aforegoing Summons, comes into the General Court here the said Stephen Butler by his Attorney aforesaid, and the Sheriff of Montgomery County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit, "N. E. Benja W. Jones Shff." And the said Charles Carroll comes not into the General Court here Whereupon, afterwards towit, on the Twenty eighth day of July in the year of our Lord One thousand seven hundred and ninety, the said Stephen Butler by his attorney aforesaid, prosecutes and sues forth out of the General Court here the Second Writ of the State of Maryland of Summons, against the said Charles Carroll, directed to the Sheriff of Washington County in form   form following towit. The State of Maryland Sct To the Sheriff of Washington County Greeting We command you that you Summon Charles Carroll late of Washington County that all excuses and delays set aside he 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 the Petition of Stephen Butler 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 Honorable Thomas Johnson Esquire Chief Judge of our said Court the 17th day of June Anno domini 1790.

Issued the 28th day of July 1790. (J. T. C.) Jno Gwinn Clk

At which said Second Tuesday October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety, and the day of the return of the last aforegoing Summons, comes again into the General Court here, the said Stephen Butler by Samuel Chase his Attorney, and the Sheriff of Washington County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit; "Summoned. D. Stull, Sheriff." Whereupon, comes into the General Court here, the said Charles Carroll by John Thomson Mason his Attorney; Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here, is continued until the Second Tuesday of May next; the same day is given to the parties aforesaid, then, andsoforth.

At which said Second Tuesday of May being the Tenth day of the said month in the year of our Lord One thousand seven hundred and ninety one Come again into the General Court here, as well the said Stephen Butler by his attorney aforesaid, as the said Charles Carroll 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 soforth.

And now at this day towit, the said Second Tuesday October being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety one come again into the General Court here, as well the said Stephen Butler by Gabriel Duvall his attorney, as the said Charles Carroll by John Thomson Mason and Thomas Buchanan his attornies: And the said Stephen Butler by his said attorney files in Court here the Deposition of John Gardiner, which is in form and of the Tenor following towit:

The Deposition of John Gardiner of St Marys County aged Sixty eight years   or thereabout, who being first sworn on the Holy Evangels of Almighty God deposeth and saith that while this Deponent lived with old Richard Edelin about fifty or fifty two years ago Sarah a mulatto woman came there and Mr Edelin told his wife Sal Butler had come to see her and this Deponent asked Mr Edelin how she came to be called Sal Butler and Edelin told him she was the Daughter of Irish Nell & would get Free if she applied for it. Richard Boarman was present at this conversation and he also said she was the Daughter of a white woman that belonged to his Father, and after the said Time this Deponent knew Sarah very well, she lived with Wilfred Gardiner where he first knew her and afterwards with George Sligh, she worked in the House, and was treated like a Free woman. Sarah had three Daughters and a Son that this Deponent knew Charles, Nell, Sarah and Monica. Sarah the younger had four sons. Jeremiah, Joseph and George who have Petitioned for Freedom. Joseph & George agst Edmund Plowden and Jeremiah agst Richard Henry Miles. the said Petitioners appeared before this Deponent. And Charles who was sold to some body in the back woods. Nell had three Daughters and five Sons, towit, Monica, commonly called little Monica, Hopy & Sarah, Charles Anthony, Sam, Nace & Len. Charles claimed by William Bond & Anthony claimed by Clement Gardiner who have petitioned for Freedom & appear before this Deponent. Little Monica had four sons, Robert, Stephen and Harry. Robert is claimed by Edmund Plowden, Stephen is claimed by Charles Carroll and Henry is claimed by William Chandler Brent, all of whom have petitioned for Freedom and now appear before this Deponent and Charles who went away with the British during the war. Monica, the first named, had a Daughter named Sarah who is now living with the widow Roach, and is the mother of Thomas who has petitioned against William Henry Roach and now appears before this Deponent This Deponent further Saith he knows John Butler, he lived with Deponents Father Several years. he was always reputed to be the Grand Son of Irish Nell & old Sarah was called his aunt. but this Deponent did not know John's mother. John has petitioned against Henry Hill, and he now appears before this Deponent. This Deponent saith that old Richd Edelin and Richd Boarman have been   been dead several years. This Deponent saith he knows Thomas, he is the son of Hopy, and has petitioned agst Gerrard Bond and now appear before this Deponent, and further this Deponent saith not. John Gardiner

Sworn to before Robt Conden. 18th May 1789. Taken by Consent this 18th May 1789. J. Toy Chase for Petr. J. A. Thomas for Deft.

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 Stephen Butler, the petitioner aforesaid, is entitled to his Freedom being a descendant of a Free white woman, as he by his Petition to the Court here hath alleged; Therefore it is considered by the Court here, that the said Stephen Butler the petitioner aforesaid be Free and discharged of and from the Service of the said Charles Carroll, and that he the said Stephen Butler the Petitioner aforesaid, go thereof without day andsoforth. It is further considered by the Court here, that the said Stephen Butler the petitioner aforesaid, recover against the said Charles Carroll the quantity of Five thousand seven hundred and Sixty four pounds of Tobacco by the Court here unto him the said Stephen Butler on his assent adjudged for his costs and charges by him about the prosecution of his Petition laid out and expended, and that he have thereof his Execution, and soforth.

Test John Gwinn Clk