O Say Can You See

Be it remembered that heretofore towit on the Fifteenth day of November in the year of our Lord One thousand seven hundred and ninety; Augustus Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here his Petition for Freedom against William Thomas, which is in form following, towit. To the Honorable the Judges of the General Court, The Petition of Augustus Butler humbly sheweth that he is held as a Slave by William Thomas of Saint Mary's County, although he is entitled to his Freedom, being descended of a Free white woman. Your Petitioner is the son of Elizabeth Butler, who was the Daughter of Phillis Butler, who was the Daughter of Abigal Butler, who was the Daughter of Eleanor Butler a Free woman. He therefore prays that your Honors would take his case into consideration and discharge him from the custody of the said William Thomas, and that Summonses may issue for his witnesses, andsoforth. G Duvall for Petitioner.

Whereupon the said Augustus Butler by his attorney aforesaid prosecuted and sued forth out of the General Court here the write of the State of Maryland of Subpoena ad respondendum against the said William Thomas, directed to the Sheriff of Saint Marys County, in form following towit The State of Maryland Sct To the Sheriff of Saint Marys County Greeting we command you that you Summon William Thomas late of Saint Mary's 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 Augustus 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 Augustus Butler by his attorney aforesaid, and the Sheriff of Saint Marys County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Summoned. P. Ford, Shff." Whereupon   Whereupon, comes into the General Court here, the said William Thomas by Philip Barton Key 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 Augustus Butler by his attorney aforesaid, as the said William Thomas by his attorney aforesaid: And the said Augustus 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 page 21 &ca) Whereupon, the said William Thomas by his attorney aforesaid, saith that he cannot deny the complaint aforesaid of the said Augustus Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said Augustus Butler, the petitioner aforesaid, is entitled to his Freedom, being descended of a Free white woman, in manner and form as the said Augustus Butler by his said Petition to the Court here preferred against him the said William Thomas above hath alleged; And thereupon, the said Augustus Butler by his attorney aforesaid, prays that he may be dismissed and discharged from the service of the said William Thomas, together with his costs and charges by him about the prosecution of his said Petition, to him to be adjudged, and soforth: Therefore it is considered by the Court here, that the said Augustus Butler, the Petitioner aforesaid, recover of and against the said William Thomas his Freedom, and that he be hence freed and discharged of and from the service of the said William Thomas, and that he the said Augustus Butler, the Petitioner aforesaid, go freed and discharged thereof without day andsoforth: And it is further considered by the Court here, that the said Augustus Butler, the petitioner aforesaid recover against the said William Thomas, the quantity of Four hundred and ninety one pounds of tobacco, by the Court here unto the said Augustus Butler, the petitioner aforesaid, 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 and soforth. Test. John Gwinn Clk