O Say Can You See

Be it remembered, that heretofore, towit, on the Fifteenth day of August in the year of our Lord One thousand seven hundred and ninety one; Lewis Butler by Gabriel Duvall, his attorney, preferred and filed in the General Court here, his Petition for Freedom against John Laidler, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Lewis Butler, humbly Sheweth, that he is held as a Slave by John Laidler of Charles County; although he is entitled to his Freedom, being descended from a Free woman: he is the son of Sarah Butler who was the Daughter of Bess Butler, who was the Daughter of Eleanor Butler a Free white woman. Your Petitioner, therefore prays your honors to direct Summons to issue against the said John Laidler. And that the premises considered, he be discharged; and he will pray, andsoforth. G. Duvall for Petitioner.

Thereupon, on motion of the said Lewis Butler by his attorney aforesaid it is ruled and ordered by the Court here, that the said John Laidler do not remove the said Lewis 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 Lewis 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 John Laidler to answer unto the said Petition of the said Lewis Butler; which said Summons issued accordingly, directed to the Sheriff of Charles County, as follows: towit: The State of Maryland, towit; To the Sheriff of Charles County, Greeting: We command you that you Summon John Laidler late of Charles County that all delays and excuses be 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 October next, to answer unto the Petition of Lewis 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 16th day of June Anno domini 1791. (G. Duvall)

Issued the 15th day of August Anno domini 1791. John Gwinn Clk

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 Summons, comes into the General Court here, the said Lewis Butler by his attorney aforesaid; and the Sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed to wit. "Summoned. Thos A. Dyson, Shff" And the said John Laidler being so forewarned, comes into the General Court here 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 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 Lewis Butler by his attorney aforesaid, as the said John Laidler by his attorney aforesaid: And the said Lewis Butler by his attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in form following towit

Thomas Butler against Iezreal Penn.

Joseph Butler a Freeman of Colour aged about Fifty one years and upwards, being sworn on the Holy Evangely of Almighty God deposeth & saith, that the Petitioner Thomas is the son of Elizabeth Butler who was the Daughter of Eleanor Butler, which said Elizabeth & Eleanor this Deponent well knew upwards of thirty years ago; that Eleanor aforesaid, as this Deponent has been informed and always understood was the Daughter of Eleanor Butler a Free Irish woman, and the said Eleanor was sister of this Deponents Grandmother Sarah Butler who was Daughter of the said Free Irish Woman. And further he saith that Clement Butler, Jacob Butler and Giles Butler, who have petitioned against Henry Pyke, Elizabeth Taney & John Somerville, are Brothers of Thomas, who petitioned against Iezreal Penn. That Henny who petitioned against Edward Smoot is sister of the said Thomas who, this Deponent has known upwards of thirty years. That Sarah, who petitioned against Iezreal Penn, and Charity, who petitioned against Joseph   Joseph Thompson, are sisters of the said Thomas, both of whom, this Deponent has known for many years. That William who has petitioned against Joseph Neale, Lewis, who has petitioned against John Laidler, Clement, who has petitioned against Iezreal Penn, and George who has petitioned against Iezreal Penn are sons of the aforesaid Sarah, who petitioned against the aforesaid Iezreal Penn, all of whom, this Deponent has known ever since they were children at the breast. That Henny, who has filed a Petition against Williamson King, and Rachel who has petitioned against Benjamin Posey, and Anne (against John Keech) are sisters of the four last mentioned Petitioners, sons of the aforesaid Sarah, which this Deponent has also known ever since they were small children. And further, he saith not. Sworn to this 22d day of December 1791 before the subscriber one of the Justices of Anne Arundel County. Allen Quynn.

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