O Say Can You See

Be it remembered, that heretofore, towit, on the seventh day of December in the year of our Lord One thousand seven hundred and ninety; John Butler by Henry Ridgely his attorney, preferred and filed in the General Court here, his Petition for Freedom against Henry Garner, which is in manner and form following towit: To the honorable the Judges of the General Court. The Petition of John Butler humbly sheweth that he is held as a Slave by Henry Garner of Saint Marys County, altho' he is entitled to his Freedom, being descended from a Free white woman whose name was Eleanor Butler; your Petitioner is the son of Sarah Butler, who was the Daughter of Nelley Butler, who was the Daughter of Sarah Butler, who was the Daughter of Eleanor Butler, the Free white woman aforesaid; He therefore prays your honors to take his case into consideration, and discharged him from the custody of the said Henry garner, and that Summonses may Issue for his Witness, andsoforth. H. Ridgely for Petitioner.

Thereupon, on motion of the said John Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said Henry Garner do not remove the said John Butler out of this State, nor obstruct him from attending this Court from time to time in support of his Petition for Freedom; preferred to the Court here; and in the mean time to feed, cloath and use the said John Butler, well: It is further ruled and ordered by the Court here that the writ of the State of Maryland of Summons issue forth out of the General Court here against the said Henry Garner to answer unto the said Petition of the said John Butler; which issued accordingly, directed to the Sheriff of Saint Marys County in form following towit. The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting: We command you that you Summon Henry Garner 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 John 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 24th day of November Anno domini 1790 Issued the 7th day of December 1790. (H. Ridgely) 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 on the aforegoing summons, comes into the General Court here, the said John Butler by his attorney aforesaid; And the Sheriff of Saint Mary's County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Sumd P. Ford Shff" And the said Henry Garner, although being so forewarned, comes not into Court here: Whereupon, on motion of the said John Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the writ of the State of Maryland of Attachment of contempt of the Court here for not appearing to answer the Petition of the said John Butler, preferred against him for Freedom, after being thereto legally summoned, issue forth out of the General Court here against the said Henry Garner; which issued accordingly, directed to the Sheriff of Saint Mary's County, returnable to the Court here, on the second Tuesday of October next; the same day is given to the parties aforesaid, then, andoforth.

At which 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, and the day of the return of the aforegoing attachment comes again into the General Court here, the said John Butler by his attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid to whom the said Attachment was in form aforesaid directed, makes no return thereof to the Court here; and the said Henry Garner comes not into Court here; Whereupon, on motion of the said John Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the writ of the State of Maryland of Attachment again issue forth out of the General Court here against the said Henry Garner, for a contempt of the Court here in not appearing to answer the Petition of the said John Butler, preferred against him for Freedom, after being thereto legally summoned; which said Attachment issued accordingly, directed to the Sheriff of Saint Mary's Country, returnable to the Court here, on the second Tuesday of May next; the same day is given to the said parties, then, andsoforth. And   And now at this day towit, the 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, and the day of the return of the last aforegoing Attachment, comes again into the General Court here, the said John Butler by his attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid, to whom the said Attachment was in form aforesaid directed, makes no return thereof to the Court here; Nevertheless, the said Henry Garner in his proper person, voluntarily comes into Court here, and saith, that he cannot deny the complaint aforesaid of the said John Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said John Butler, the Petitioner aforesaid, is entitled to his Freedom, being descended from a Free white woman, whose name was Eleanor Butler, in manner and form as the said John Butler, by his said Petition to the Court here preferred against him the said Henry Garner, above alleged; And thereupon, the said John Butler, by his attorney aforesaid, prays that he may be dismissed and discharged from the service of the said Henry Garner 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 John Butler, the Petitioner aforesaid, recover of and against the said Henry Garner, his Freedom, and that he be hence freed and discharged of and from the Service of the said Henry Garner, and that he the said John Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said John Butler, the Petitioner aforesaid, recover against the said Henry Garner, the quantity of Six hundred and ten pounds of tobacco, by the Court here, unto the said John 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 Clerk