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; Ignatius Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here his Petition for Freedom against Joseph Simms, which is in form following towit. To the Honorable the Judges of the General Court; the Petition of Ignatius Butler humbly sheweth, that he is held as a Slave by Joseph Sims of Montgomery County, although he is entitled to his Freedom, being descended from a Free woman whose name was Eleanor Butler. Your Petitioner is the Son of Rebecca Butler who was the Daughter of Jane Butler who was the Daughter of Eleanor Butler aforesaid a Free white woman. He therefore prays your honors to take his case into consideration, and discharge him from the custody of the said Joseph Sims and that Summonses may issue for his witnesses, andsoforth. G. Duvall for Petitioner

Whereupon, the said Ignatius Butler by his 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 Joseph Simms directed to the Sheriff of Montgomery County, in form following towit:   The State of Maryland Sct To the Sheriff of Montgomery County Greeting We command you that you Summon Joseph Sims 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 Petition of Ignatius 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. (GD.) 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 Ignatius 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. "Sumd. Benja W. Jones Shff."

Whereupon, comes into the General Court here the said Joseph Simms by Philip Barton Key his attorney, and on motion of the said Ignatius Butler by his attorney aforesaid, it is ruled by the Court here, that the said Joseph Sims enter into a recognizance to the State of Maryland in the sum of Forty pounds current money in the usual form: Whereupon, the said Joseph Sims of Montgomery 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 Forty pounds current money to be levied of your body goods and chattels, lands and tenements to and for the use of the said State of Maryland, on condition that the said Joseph Sims does not remove the said Ignatius Butler out of the said State of Maryland, nor obstruct him from attending this Court from time to time, in support of his Petition for Freedom exhibited in the said Court against the said Joseph Sims, and in the mean time to feed, cloath and use him well, and pay whatever satisfaction the Court shall adjudge for the services of the said Ignatius Butler 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 until the second Tuesday of October next; the same day is given to the parties aforesaid, then, andsoforth.

And   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 Ignatius Butler by his attorney aforesaid, as the said Joseph Sims by his attorney aforesaid: And the said Ignatius Butler by his attorney aforesaid files in Court here the Deposition of John Butler, which is in form following towit. (here insert it as entered in this Book in pages 21 & 22) Whereupon, the said Joseph Simms by his attorney aforesaid saith, that he cannot deny the complaint aforesaid of the said Ignatius Butler the petitioner aforesaid, so as aforesaid made, nor but that the said Ignatius Butler the petitioner aforesaid, is entitled to his Freedom, being descended from a Free woman whose name was Eleanor Butler, in manner and form as the said Ignatius Butler by his said Petition to the Court here preferred against him the said Joseph Simms above hath alleged; and thereupon, the said Ignatius Butler the petitioner aforesaid, by his attorney aforesaid, prays that he may be dismissed and discharged from the Service of the said Joseph Simms, together with his Costs and Charges by him about the prosecution of his said Petition, to him to be adjudged, andsoforth: Therefore it is considered by the Court here that the said Ignatius Butler the petitioner aforesaid, recover of and against the said Joseph Simms his Freedom, and that he be hence freed and discharged of and from the service of the said Joseph Simms and that he the said Ignatius Butler the petitioner aforesaid go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Ignatius Butler the petitioner aforesaid, recover against the said Joseph Simms the quantity of six hundred and eight pounds of tobacco by the Court here, unto the said Ignatius Butler on his assent adjudged for his costs and charges by him about the prosecution of his said Petition in this behalf laid out and expended, and that he have thereof his Execution, andsoforth.

Test. John Gwinn Clk