O Say Can You See

Be it remembered that heretofore towit, on the Tenth day of July in the year of our Lord one thousand seven hundred and ninety two, Clement Butler by Gabriel Duvall his attorney preferred and filed in the General Court here, his Petition for Freedom against Henry Spalding which is in form following to wit. To the Honorable, the Judges of the General Court the Petition of Clement Butler humbly sheweth, that he is held in slavery by Henry Spaldin of St Marys County, & he is advised that he is entitled to his freedom being descended in the female line from a free white woman named Eleanor Butler He therefore prays your Honours the premises being considered that he may be discharged from the custody of the aforesaid Henry Spaldin and that Summons may issue for him to answer this Petition and your Petitioner will pray and soforth.

G. Duvall for Petitioner

Whereupon, the said Clement Butler by his attorney aforesaid prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Summons against the said Henry Spalding, directed to the Sheriff of Saint Marys County in form following to wit. The State of Maryland Sc To the Sheriff of Saint Marys County, Greeting. We command you that you summons Henry Spaldin late of Saint Marys County, that all excuses and delays be set a side 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 the petition of Clement Butler preferred against him for freedom. Hereof fail not at your Peril and have you then and there his Writ Witness the Honourable Samuel Chase Esquire Chief Judge of our said Court the 30th day of June Anno Domini 1792. (G.D.)

Issued the 10th day of July 1792. Jno Gwinn Clk.

All which said second Tuesday of October, being the ninth 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 aforegoing Summons, comes into the General Court here the said Clement 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 to wit: "Sumd F. Hamersley Shff"

Nevertheless, the said Henry Spalding, comes not into the General Court: Whereupon, on motion of the said Clement Butler by his attorney aforesaid, it is ruled and ordered by the Court here that the writ of the State of Maryland of attachment issue forth out of the General   General Court here against the said Henry Spalding, to answer unto the State of Maryland, for a contempt of the Court here in not appearing to answer the Petition of the said Clement Butler preferred against him the said Henry Spalding for Freedom: which said attachment issued accordingly directed to the Sheriff of Saint Marys County in form following towit. The State of Maryland to wit. To the Sheriff of Saint Marys County, Greeting. We command you that you attach Henry Spalding and him safe keep so that you have his body before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of May next to answer unto us touching a certain contempt by him committed in not appearing to answer the Petition of Clement Butler preferred against him for freedom after being thereto legally summoned. Hereof fail not at your Peril and have you then and there this writ. Witness the Honourable Samuel Chase Esquire Chief Judge of our said Court the 19th day of November Anno Domini 1792.

Issued the 22d day of December Anno Domini 1792.

(L.M., G.D.) Jno Gwinn Clk.

And thereupon, the same day is given to the said Clement Butler, then and soforth.

And now at this day towit, the said second Tuesday of May, being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three, and the day of the return of the aforegoing attachment comes again into the General Court here the said Clement Butler by his attorney aforesaid: And the Sheriff of Saint Marys County aforesaid, to whom the said attachment was in form aforesaid directed, make return thereof to the Court here thus endorsed to wit. "Attached. F Hamersley Shff" Whereupon, comes into the General Court here, the said Henry Spalding in his proper person, and saith, that he cannot deny the complaint aforesaid of the said Clement Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Clement Butler the Petitioner aforesaid, is entitled to his freedom, being descened in the female line from a free white woman, in manner and form as the said Clement Butler by his said Petition here preferred against him the said Henry Spalding above hath alleged; And thereupon the said Clement Butler by his attorney, prays that he may be dismissed and discharged from the service of the said Henry Spalding together with his costs and charges by him about the prosecution of his Petition, to him to be adjudged, &c Therefore it is considered by the Court here, that the said Clement Butler the Petitioner aforesaid, recover of and against the said Henry Spalding his freedom, and that he be hence freed and discharged of and from the service of the said Henry Spalding and that he the said Clement Butler the Petitioner aforesaid, go freed and discharged thereof with out day, &c And it is further considered by the Court here, that the said Clement Butler the Petition aforesaid, recover against the said Henry Spalding the sum of five hundred and Eighty one pounds of Tobacco, by the Court here unto the said Clement 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 &c

Test. John Gwinn Clk.