O Say Can You See

 

Negro Rachel
against
Thomas Roberts and Zachariah Roberts

Memorandum the Defendants in this cause by Gustavus Scott their attorney sued out the State of Maryland's writ of Certiorari, the Tenor whereof ensues in the following words, towit: The State of Maryland To the Justices of Queen Ann's County Greeting: Whereas black Rachel hath prefered a Petition before you our said Justices humbly shewing that she the said Rachel is unjustly and unlawfully detained as a slave by Thomas and Zachariah Roberts of Queen Anns County, planters, and praying that a Subpena might issue forthwith to compel the attendance of the said Thomas and Zachariah Roberts to answer unto her the Petitioner of and upon the Premises and that she the said Petitioner might be discharged from servitude &ca which said Petition is still depending before you our said Justices in our said court as it is said and we being desirous for certain reasons that the Record of the said Petition with all Proceedings thereon had should by you be certified: Do command you that you send under your seals the Record of the Petition afd and all the Proceedings thereon with all things touching the same to the Judges of our General Court to be held for the Eastern Shore of this State at Talbot County Court house the second Tuesday of September next plainly and distinctly   and distinctly and in as full and ample manner as it now remains before you together with this writ so that we may be able thereon to proceed and to do what shall appear to us of right ought to be done. Witness Robert Hanson Harrison Esqr chief Judge of our said Court this 20. day of April Anno Domini 1784.

Issued 19. June 1784.
James Earle Clk

At which said day, towit, the second Tuesday of September Anno Domini one thousand seven hundred and eighty four, being the day of the return of the aforegoing writ the Justices and Clerk of Queen Anns County in compliance with the writ aforesaid make return thereof to the Court here with the following Record annexed, towit: Maryland towit: At a County Court held for Queen Anns County at Chester Mill in the said County on the fourth Tuesday in March, being the twenty third day of the same month and in the year seventeen hundred and eighty four, By the Commissioners and Officers authorized and impowered to hold the same Court of whom were Present Mr. John Brown, Mr. Clement Sewell, Mr. Vachel Downes, Mr. Thomas M. Forman.

Saml. Ridgaway Esq Sheriff.

Downes Clk

Black Rachel Preferred the following Petition, towit:

To the worshipful the Justices of Queen Ann's County Court The Petition of black Rachel Humbly sheweth that she the said Rachel is unjustly and unlawfully detained as a slave by Thomas & Zachariah Roberts of Queen Ann's County Planters and your Petitioner therefore prays that a Subpena may issue forthwith to compel the attendance of the said Thomas and Zachariah Roberts to answer unto your Petitioner of and upon the Premises and that your Petitioner may be discharged from servitude, and as in duty bound &c

Rachel Petitioner
Robt Wright Atty for Pettr

On reading the above Petition, ordered by the Court here, that the same be granted and that Subpena issue forthwith to compel the attendance   of the said Thomas and Zachariah Roberts according to the prayer of the same Petition: which was accordingly issued, and the Sheriff of Queen Anns County makes return thereon in the following words, towit, Summoned by Saml. Ridgaway Shrff: Whereupon the same Thomas and Zachariah Roberts appeared in open Court, and Recognized in Forty pounds current money each, conditioned for the appearance of the said black Rachel on the third Monday in May next to prosecute her said Petition for freedom, and also for their appearance at the same time to Defend.

The Court adjourns till the third Monday in May next Monday 17. May 1784. The Court met according to adjournment Present Mr. John Brown, Mr. James Bordley, Mr. Clement Sewell, Mr. Vachel Downes: Thomas and Zachariah Roberts appears with black Rachel, in open Court, according to the Tenor of their Recognizance and was by the Court here, ordered to be discharged therefrom, and at the same time the same Thomas and Zachariah Roberts Recognized in the sum of Forty pounds current money each conditioned for the appearance of black Rachel at June Court next, to prosecute her Petition of Freedom, and also for their appearance at the same time to Defend. Maryland, towit, at a County Court held for Queen Anns County at Chester Mill in said County the fourth Tuesday in June being the twenty second day of the same month and in the year seventeen hundred and eighty four. By commissioners and officers authorized and impowered to hold the same Court, of whom were Present Mr. John Brown, Mr. James Bordley, Mr. James OBryon, Mr. Clemt Sewell, Mr. Arthur Emory jur.

Saml. Ridgaway Esq Shrff

Downes Clk

(Thomas)   Thomas and Zachariah Roberts appears with black Rachel, according to the Tenor of their Recognizance. The Court here received a Certiorari to remove the Petition of black Rachel for Freedom and the Record of the Proceedings thereon: and ordered that the same be Transmitted under Seal to the next General Court to be held for the Eastern Shore in the State of Maryland: In Testimony that the aforegoing is a true copy taken from the Records of Queen Anns County afd I have hereto set my hand and affixed the public Seal of the County (Queen Ann's County Sst) afd this 2d day of Septr Anno Dom 1784. Downes Clk:

and now here at this day, towit, the said second Tuesday of September Anno Domini, one thousand seven hundred and eighty four, comes into the General Court here as well the said Negro Rachel by her attorney aforesaid, as the said Thomas and Zachariah Roberts by their attorney aforesaid: Thereupon further process of and upon the Premises aforesaid between the parties aforesaid by consent of the said parties and their attorneys aforesaid and by order of the Court here thereon was continued until the second Tuesday of April next following.

At which said second Tuesday of April anno Domini One thousand seven hundred and eighty five came again the parties aforesaid by their attorneys aforesaid: Thereupon further process of and upon the Premises aforesaid between the Parties aforesaid by consent of the said Parties and their attorneys aforesaid and by order of the Court here thereon was continued until the second Tuesday of September next following..

At which said second Tuesday of April Anno Domini, One thousand seven hundred and eighty five came again the parties aforesaid by their attorneys aforesaid: Thereupon further process of and upon the Premises aforesaid, between the Parties aforesaid by consent of the said Parties and their attorneys aforesaid and by order of the Court here thereon, was further continued until the second Tuesday of September next following. At which said second Tuesday of April Anno Domini One thousand seven hundred and eighty six, came again the parties aforesaid by their attorneys afd: Thereupon further process of and   and upon the Premises aforesaid between the parties aforesaid by consent of the said Parties and their attorneys aforesaid and by order of the Court here thereon was continued until the second Tuesday of September then next following.

At which said second Tuesday of September Anno Domini, one thousand seven hundred and eighty six, came again the parties aforesaid by their attorneys aforesaid: Thereupon further process of and upon the Premises aforesaid, between the parties aforesaid by consent of the said Parties and their attorneys aforesaid and by order of the Court here thereon was continued until the second Tuesday of April next following.

And now here at this day, towit, the said second Tuesday of April Anno Domini, One thousand seven hundred and eighty seven, comes as well the aforesaid Negro Rachel by her attorney aforesaid, as the said Thomas and Zachariah Roberts by their attorney aforesaid: whereupon all and singular the Premises aforesaid and the allegations and Evidences as well on the part and behalf of the said Negro Rachel, as also on the part and behalf of the said Thomas and Zachariah Roberts being by the Court here seen, heard & fully understood and mature deliberation thereon had; It is considered by the Judges here that the Petitioner is intitled to her Freedom and that thereof she be free liberated and discharged from the Custody and Possession of the said Thomas and Zachariah Roberts her Master.

James Earle Clk: