O Say Can You See

Be it remembered that heretofore towit, on the Fourteenth day of November in the year of our Lord One thousand seven hundred and ninety; Lectius Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here, his Petition for Freedom, against Ralph Jeamstone, which is in form following towit. To the honorable the Judges of the General Court. The Petition of Lectius Butler, humbly sheweth, that he is held as a Slave by Ralph Jeamstone of Charles County, although he is entitled to his Freedom being descended from a Free woman. Your Petitioner is the son of Jane Butler who was the Daughter of Rebecca Butler, who was the Daughter of Jane Butler, who was the Daughter of Eleanor Butler a Free woman. She therefore prayeth that your honors would take her case into consideration and discharge her from the custody of the aforesaid Ralph Jeamstone and that Summonses may Issue for her Witnesses, andsoforth.

G. Duvall for Petitioner

Thereupon, on motion of the said Lectius Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said Ralph Jeamstone do not remove the said Lectius 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 Lectius 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 Ralph Jeamstone to answer unto the said Petition of the said Lectius Butler; which issued accordingly, directed to the Sheriff of Charles County in form following towit. The State of Maryland Sct To the Sheriff of Charles County, Greeting: We command you that you Summon Ralph Jeamstone late of Charles 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 Lectius 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. (G Duvall). 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 Lectius Butler by his attorney aforesaid; And the Sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid directed, makes return there of to the Court here thus endorsed towit. "Summoned. Thos A. Dyson, Shff Chs County" And the said Ralph Jamestone being so forewarned, comes into the General Court here by John Campbell 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

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, come again into the General Court here, as well the said Lectius Butler by his attorney aforesaid, as the said Ralph Jamestone 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 May next; the same day is given to the parties aforesaid, then, andsoforth.

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, come again into the General Court here, as well the said Lectius Butler by his attorney aforesaid, as the said Ralph Jamestone by his attorney aforesaid: And the said Lectius Butler by his attorney aforesaid, files in Court here, the Deposition of John Butler, which is in form following towit:

Ignatius Butler
vs
Joseph Simmes

John Butler aged sixty nine years & upwards, being sworn on the holy Evangely of Almighty God, deposeth & saith that he knows Rebecca the mother of Ignatius a Petitioner against Joseph Sims now present, ever since he was seven years old, the said Rebecca was always reputed to be the Daughter of Jane Butler who was Daughter of Irish Nell a Free white woman; and Rebecca aforesaid hath obtained her Freedom on a Petition against Mary Shervin. He further saith that Ralph Butler now present, a Petitioner for his Freedom against John Lucas, is son of Nel Butler sister of Rebecca the mother of Ignatius aforesaid; and this Deponent saith he knew Ralph ever since he was a child; and his mother also. That   That he knew Betty now present, a petitioner for Freedom against Henry Hill, ever since she was a child, she is the Daughter of Phillis the sister of the Deponent. That Chloe Butler now present, a petitioner against Nicholas L. Sewall, is Daughter of the said Betty; also Clara Butler now present, a petitioner against Patty Shade, is Daughter of Betty, and Gustavus now present, a petitioner against William Thomas, and Ignatius now present, a petitioner against William Craik are sons of the said Betty; and Lydia now present, a petitioner against James Carrico; and Lucy, a petitioner against Benedict Wheeler, are Daughters of the said Betty, and all of them have been known by the Deponent, ever since they were small children. That Charles Butler now present has been known by the Deponent ever since he was a sucking child and is the son of Nel Butler, and brother of Jeremiah Butler who obtained his Freedom against John Cartwright. That Electius now present, a petitioner against Ralph Jameston is son of Jane Butler who is sister to Ignatius above mentioned, a petitioner against Joseph Sims; and the Deponent has also known Stephen, now present a petitioner against Eleanor Smith, ever since he was a child, he is son of Jane Butler whom the Deponent knew ever since she was a child, who was Daughter of Nanny Butler whom this Deponent has known ever since he was very young; the said Nanny last named was mother of Nelly who was mother of Jeremiah who is now Free on a Petition against John Cartwright. Sworn before the Subscriber this Twenty fourth day of December 1791. Allen Quynn

Whereupon, the said Ralph Jamestone by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Lectius Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said Lectius Butler, the Petitioner aforesaid, is entitled to his Freedom, being descended from a Free woman, in manner and form as the said Lectius Butler, by his said Petition to the Court here, preferred against him the said Ralph Jamestone, above alleged; And thereupon, the said Lectius Butler, the petitioner aforesaid by his attorney aforesaid, prays that he may be dismissed and discharged from the service of the said Ralph Jamestone, 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 Lectius Butler, the   Petitioner aforesaid, recover of and against the said Ralph Jamestone, his Freedom, and that he be hence freed and discharged of and from the service of the said Ralph Jamestone, and that he the said Lectius Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Lectius Butler, the Petitioner aforesaid, recover against the said Ralph Jamestone, the quantity of Six hundred and ten pounds of tobacco, by the Court here, unto the said Lectius 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.