O Say Can You See

Be it remembered that heretofore towit, on the Twenty first day of October in the year of our Lord One thousand seven hundred and ninety; Henny Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom against Charles Carroll, which is in form following towit. To the Honorable the Judges of the General Court; The Petition of Henny Butler humbly sheweth that she is held as a Slave by Charles Carroll of Washington County, altho' she is entitled unto her Freedom, being descended from a Free woman whose name was Eleanor Butler. Your Petitioner is the Daughter of Sarah Butler who was the Daughter of Sally Butler who was the Daughter of Eleanor Butler aforesaid, a Free white woman. She therefore prays your honors to take her case into consideration, and discharge her fore the custody of the said Charles Carroll, and that Summonses may Issue for her witnesses andsoforth. G. Duvall for Petr.

Whereupon, the said Henny Butler by her attorney aforesaid, on the Seventh   day of December in the year of our Lord One thousand seven hundred and ninety 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 Washington County, in 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 May next, to Answer the Petition of Henny 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 Twenty fourth day of November in the year of our Lord One thousand seven hundred and ninety.

Issued the 7th day of December 1790. (G. D.) Jno Gwinn Clk.

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 and the day of the return of the aforegoing Summons, comes into the General Court here, the said Henny Butler by her attorney aforesaid, 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, Shff"

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 October next; the same day is given to the parties aforesaid, then, andsoforth.

And now at this day towit, the said Second Tuesday of 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 Henny Butler by her attorney aforesaid, as the said Charles Carroll by John Thomson Mason and Thomas Buchanan his attornies; and the said Henny Butler by her attorney aforesaid, files in Court here the Deposition of Joseph Butler, which is in form following towit:

Henny Butler
vs
Charles Carroll

Petition for Freedom in the General Court.

Joseph Butler a person of colour aged fifty two years or thereabouts being sworn on the Holy Evangely of Almighty God, deposeth & saith that Henny Butler the Petitioner in the cause is sister of the Deponent, and Daughter of Sarah the mother of the Deponent and   and he has known her ever since she was a child. That Sarah the mother of Henny is the Daughter of Sarah as this Deponent has always understood who was the reputed Daughter of old Irish Nell. The Deponent knew his Grand Mother Sarah who was been dead about ten or twelve years. The Deponent obtained his Freedom at May Term 1790. on a Petition against Edmund Plowden of St Marys County. And further he saith not. Allen Quynn. 29th Decb: 1791. 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 Henny Butler, the Petitioner aforesaid is entitled to her Freedom, being descended from a Free woman whose name was Eleanor Butler, as she by her Petition to the Court here hath alleged; Therefore it is considered by the Court here, that the said Henny Butler the petitioner aforesaid be Free and discharged of and from the service of the said Charles Carroll, and that she the said Henny Butler the petitioner aforesaid, go thereof without day, andsoforth. It is further considered by the Court here, that the said Henny Butler the Petitioner aforesaid, recover against the said Charles Carroll the quantity of One thousand four hundred and fifty one pounds of tobacco by the Court here unto her the said Henny Butler on her assent adjudged for her costs and charges by her about the prosecution of her petition aforesaid laid out and expended, and that she have thereof her Execution, andsoforth.

Test. John Gwinn Clk.