O Say Can You See

 

Juan Domingo Lopez
against
Francis Phillips

Baltimore County, Sst, Juan Domingo Lopez exhibits to the Court here the following Petition, viz.

To the Worshipfull the Justices of Baltimore County Court.

The Humble Petition of Juan Domingo Lopez (late of the City of Saint Domingo in the Island of Hispaniola commonly called Saint Domingo) Shoemaker but now of Baltimore County

Sheweth.

That your Petitioner is a native born of the Island of Hispaniola in the West Indies and a Subject of the King of Spain, that your petitioner there enjoyed his natural right of being a freeman which he humble apprehends cannot be forfieted or taken from him without his own consent.

That your Petitioner embarked as an Adventurer with several others some time in the Year one thousand seven hundred and sixty one during the late War on board a Privateer Sloop called the Polena from the Island of Curacoa and during the cruize was taken by an English Privateer whereof a certain Henry Brown was Master and carried as a prisoner of War into the Island of Jamaica belonging to his Britannick Majesty and there confined as such in prison.

That your petitioner hath been informed that the said Sloop Polena was condemned by a Decree of the Court of Vice Admiralty of Jamaica as a prize on a Libel exhibited against her on or about the fourteenth day of May one thousand seven hundred and sixty four.

That your Petitioner has been informed that he with the other Negroes taken as Prisoners as aforesaid was by the said Court of Vice Admiralty condemned and to be sold for the benefit of the Captors.

That your petitioner ignorant of such Condemnation only by information since his Arrival into this province, no party to the said Libel, deprived of the opportunity of Defence and condemned unheard humbly apprehends himself not bound or deprived of his Liberty thereby.

Your Petitioner further sheweth to your Worships that a certain Richard Simms Master of a Vessel brought your petitioner into this Province and Sold him as a Slave without his consent to a Company called by the name of the Principio Company in Baltimore County and who as your petitioner is informed   consists of a certain Mary Whitwick, William Russell, Thomas Russell and John Price. Your Petitioner further sheweth that he is detained by a certain Francis Phillips Manager for said Company as the Slave and property of the said Company who can have no other Title or claim than herein before set forth by your Petitioner.

That your said Petitioner hath been informed that the said Persons who compose the said Company are not Inhabitants of this province he therefore humbly prays Your Worships to take his case into your most serious Consideration, grant him that Liberty which is his Natural Right and save him from the Slavery which is odious to the British Constitution, and from whose Laws your Petitioner hopes and expects Relief. Your Petitioner further prays that the usual process may Issue against the said Francis Phillips to compel his appearance to answer to the facts about alledged by your petitioner

And your Petitioner as in duty bound will ever pray &c

Juan Domingo Lopez.

Witness for the Petitioner Andrew Scanoon.

Whereupon it is commanded the Sheriff of Baltimore County that he Summon the said Francis Phillips to appear immediately before the Justices of Baltimore County at the Court house in the same County to answer of and concerning the said complaint of the said Juan Domingo Lopez, who return that he has summoned the said Francis agreeable to the exigence of the same Summons. And thereupon here comes the said Francis by Benjamin Rumsey his Attorney, and the said Complainant produces to the Court here the Right Honourable the Lord Proprietary that now is his Writ of Certiorari in these words, to wit.

Fredrick Absolute Lord and Proprietary of the Provinces of Maryland and Avalon Lord Baron of Baltimore and so forth To the Justices and Clerk of Baltimore County greeting. We being willing for certain causes to be certified of the Record and proceedings of a certain Petition before you depending between Juan Domingo Lopez complainant and Francis Phillips Defendant. We command you that the Record and proceedings of the petition aforesaid with all things thereunto relating as far as before you it remains whatsoever names the parties in the same are distinguished to our Justices of your provincial court to be held at Annapolis the third Tuesday of May next under your hands and seals you send together with this writ that our said Justice may further do therein that which of Right they see ought to be done Witness John Hepburne Esquire one of the Justice of our provincial court the 29th day of October in the 18th year of our Dominion &ca Annoq Dom 1768

Issued 2d day of November 1768. Reverdy Ghiselin, Clk.

Allowed J. B. Bordley.

Which being read and heard by the court here It is Ordered that the Petition with all things relating thereto be sent before the Honourable the Justices of the provincial court to be held at Annapolis on the third Tuesday of May next.

Test J. B. Bordley, Clk.

 

In Testimony whereof the Seal of the County aforesaid is affixed hereto this twentieth day of April Anno Domini one thousand seven hundred and sixty nine by

A. Lawson, Clk, Balt. Coty Court

(Seal of Baltimore Coty Court)

And now here at this day to wit the third tuesday of May being the sixteenth day of the same month Anno Domini seventeen hundred and sixty nine comes into his Lordships Provincial Court here as well the said Juan Domingo Lopez by Samuel Chase his Attorney as the said Francis Phillips by Benjamin Rumsey his Attorney aforesaid Thereupon the said cause is continued untill next Court

At which said next Court to wit the seventeenth day of October Anno Domini seventeen hundred and sixty nine comes again as well the said Juan Domingo Lopez by his attorney aforesaid as the said Francis Phillips by his attorney aforesaid. Thereupon the said cause is further continued untill next Court

At which said next court to wit the tenth day of April Anno Domini seventeen hundred and seventy comes again as well the said Juan Domingo Lopez by his attorney aforesaid as the said Francis Phillips by his attorney aforesaid. Whereupon all and singular the premisses aforesaid and Allegations and Evidence as well on the part and behalf of the said Juan Domingo Lopez as the said Francis Phillips being by the Court here seen heard fully understood and mature deliberation thereupon had

It is considered by the Justices here that the said Petition be dismissed And thereupon the said Juan Domingo Lopez by Samuel Chase his attorney aforesaid prays an Appeal from the Judgment of the Court so as aforesaid rendered against him to his Lordships High Court of Appeals and the same is granted

It is therefore ordered that the Record and proceeding in the premises aforesaid be transmitted to the High Court of Appeals accordingly

Test Reverdy Ghiselin, Clk Provl Court

Memorandum. Upon hearing the Complaint between the parties aforesaid the following Record was produced to the Court and read in Evidence to wit

(A).

Advoc Genl exretn Brown & al.
against
Armed Sloop Polena

At a high Court of Vice Admiralty held at the Town of Saint Jago Dela Vega in the Island aforesaid on Thursday the fourteenth day of May in the year of our Lord one thousand seven hundred and sixty one before the Honourable Edward Long Esquire Sole Judge of the said court. This cause this day coming on to the heard our Advocate Generall opened the Libell and the several Preparatory Examinations taken in this cause were severally read upon hearing whereof and what was alledged by Mr Advocate General his Honour the Judge was pleased to order adjudge and Decree as it is hereby ordered adjudged and decreed that the said Armed Sloop or Vessell called the Polena her Guns Tackle Furniture Ammunition and Apparell   and the Negroe Slaves named Manuel Antonio Jacob Ogay Francisco, Juan Domingo Antonio Toy and Joseph, and the Goods Wares Merchandizes and Effects on board her taken and seised be confiscated and condemned to our Sovereign Lord the King for the use of the Captors and that the same may be sold and the price and prices thereof and of every part and parcel thereof be distributed and divided among the said Henry Brown his Owners Officers and Mariners agreeable to their Articles and pursuant to the Statute and his Majesty's Declaration and Proclamation for that purpose made and Issued

Alex. Graham Dep. Regr Cur. Vic. Admirl

Jamaica. Sst.

I Alexander Graham Esquire Deputy Register and Scribe of the Acts Causes and Businesses of the High Court of Vice Admiralty in and for the Island aforesaid duly admitted and Sworn dwelling in the Town of Kingston in the said Island do hereby certify unto all Persons to whom these presents shall come or may concern that the Sheet of Paper writing hereunto annexed marked (A) contains a true and exact copy of the Sentence made and pronounced by the Honourable Edward Long Esquire Sole Judge of the said Court on Thursday the fourteenth day of May last against a certain Armed Sloop or Vessell called the Polena (whereof one Hendrick Brown a Mulatto Man late was Master her Guns Tackle Furniture Ammunition and Apparell and the Negro Slaves named Manuel Antonio, Ogay, Francisco, Juan Domingo, Antonio Troy and Joseph and also the Goods Wares Merchandizes and effects on board her taken and seized by Henry Brown Commander of a certain Brigantine or Private Vessell of War called the Hawk his Officers and Marines and that the same hath been by me carefully examined and compared with the Original Sentence now of Record in the said Court

In Testimony of the Truth whereof I the said Alexander Graham have hereunto set my hand (and by order of the Honourable Edward Long Esqr. Sole Judge as aforesaid) Affixed the Seal of the said Court at Kingston aforesaid this sixteenth day of July in the year of our Lord one thousand seven hundred and sixty one

(Seal of the Court of Vice Admiralty in the Island of Jamaica)

Alexr. Graham. Dep. Regr. Cur. Vic Admirl.
Test Reverdy Ghiselin, Clk.