O Say Can You See

This Judgment was rendered at September Term 1786. vide page 456

Negroes, Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue & Daniel
against
Susanna Elliot & Rachell Elliot Executrix's of John Elliot

Be it remembered that the second Tuesday of April to wit on the fourteenth day of the same month Anno Domini One thousand seven hundred and eighty five, the aforesaid Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Vioelett, Sabina, Sal Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel by Robert Wright their Attorney presented to the Judges of our General Court here, the following Petition, to wit: To the honorable the Judges of the General Court. The Petition of the following Negroes, to wit, Peter Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, Daniel   humbly sheweth, that they are unjustly detained as Slaves by Susanna Elliott and Rachell Elliott, Executrixes of John Elliott, deceased, of Queen Ann's County, they therefore pray your honors to grant them a Subpenea against the said Susanna and Rachel, to answer to their complaint afd and to give them such Relief herein as to your honors may seem meet, &c and on Duty &ca. Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah Andrew, Fann, Sue, Daniel which being read and heard, mature deliberation being thereupon had, it was ruled and ordered by the Court, that Summons issue against the said Susanna Elliott and Rachell Elliott, Executrixes of John Elliott, for them to appear here this Term to answer to the Petition aforesaid; which Issued accordingly, and was by the Sheriff of Queen Ann's County, to whom the same writ was directed, retured endorsed. "Summoned Sam Ridgaway Sheriff."

At which said Court, that is to say, the second Tuesday of April Anno Domini one thousand seven hundred and eighty five came as well the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel, by Robert Wright their Attorney as the said Susanna Elliott and Rachel Elliott Executrixs of John Elliott by Gustavus Scott their Attorney. Thereupon it was ordered by the Court here, that the said Susanna Elliott, and Rachel Elliott Executors of John Elliott enter into Recognizance with good security, that they will not transport the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam Cesar, Phillis, Violet Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann Sue, and Daniel; but shall suffer and permit them the said Negroes to appear at the next General Court, the Second Tuesday of September next, to prove unto their petition for freedom and at all times to suffer the said Negroes, or any of them, to have reasonable time to advise with their Counsel on their said Petition: Whereupon Thomas Elliott of Queen Ann's County present here in Court acknowledge himself to owe and stand justly indebted   unto the State of Maryland in the sum of one thousand pounds current money to be made and levied of his body, Goods and Chattels, Lands, and Tenements to and for the use of the said State, in case the said Susanna Elliott and Rachell Elliott Executrix's of John Elliot shall transport the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Violet Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel or shall not permit them the said Negroes to appear at the next General Court, the second Tuesday of September next to prosecute their said Petition for freedom or shall not suffer the said Negroes or any of them to have reasonable time to advise with their Counsel, on their said Petition and herewith he acknowledges himself to be content: Thereupon the said Cause is Continued until the second Tuesday of September next At which said second Tuesday of September Anno Domini seventeen hundred and eighty five, came as well the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Violet, Sabina, Sal, Darkey Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel by their Attorney aforesaid, as the aforesaid Susanna Elliott and Rachell Executrix's as aforesaid, by their attorney aforesaid; and the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar, Phillis, Violet, Sabina, Sal, Darkey Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel by their attorney aforesaid files in Court here the following Deed of Manumission, to wit: Queen Ann's County, to wit; October 28th 1784, The following Instrument of writing was brought to be Recorded, Vizt. Know all men by these presents, that I John Elliott of Kent Island, Queen Ann's County in the State of Maryland, do hereby give and grant full Liberty Freedom and Manumission (which Liberty, Freedom and Manumission shall commence on the twenty fifth day of December next) to each and every one of my Slaves called and known by the names as follow, to wit, Negro   Man Peter aged forty five years, negro Man Will aged thirty eight years, negro Man Jack aged thirty two, negro man Amos aged twenty five, Negro Man Joe, aged twenty two, negro man Job aged twenty, Negro Lad Sam aged nineteen, Negro Lad Cesar aged sixteen, Negro Woman Phillis aged forty nine, negro woman Violet aged forty seven, negro woman Sabina aged thirty one negro woman Sal aged thirty, Negro Woman Darkey aged twenty four, Negro Woman Rose aged twenty five, Negro woman Peg aged Seventeen, Negro Girl Nan aged fourteen, Negro Girl Esther aged thirteen, Negro Girl Dinah aged nine, negro Boy Andrew aged nine years, Negro Girl Fann aged three, Negro Girl Sue aged two years and Six Months, Negro boy Daniel aged eight months, Negro boy Isaac aged twelve months.

Witness my hand and Seal this twenty third day of October seventeen hundred and eighty four.

John Elliott (Seal)

Test. Wm Earickson, Henry Carter Jr.

I hereby Certify, that on the twenty third day of October seventeen hundred and eighty four, John Elliott appeared before me, and acknowledged the within Instrument of writing to be his act and Deed for the purposes within mentioned

Jacob Ringgold
True Copy P[?] C. Downes Clk.

And the aforesaid Susanna Elliott and Rachell Elliott by their Attorney aforesaid, produces in Court here William Errickson, who being sworn in open Court upon the holy Evangels of Almighty God respecting the subject of the above Petition, deposeth, and saith, that he was present on the twenty third day of October in the year seventeen hundred and eighty four at the Execution of a Deed by John Elliott for the Mannumission of all his Negroes, which he said were in number twenty three. That John Elliott was at that time in a very low State of Health as a man could well be to exist one minute after the other. That the said John Elliott on that day kept his Bed, and was not able to set up, and only   did so for the purpose of signing the Deed. That he had been in a very lingering low way for two Months more or less. That the Deponent can't recollect how long he liv'd after this, it might be ten days or a Fortnight. That the Deponent lived about a Mile from the said Elliott. That the Deponent say him two or three times or perhaps more after this and before his Death. That he heard from him almost every day. That at the time of the Execution of the Deed he, the deceased, expected his Death momentarily, and seemed to hurry those that were about him respecting the Business; for that he expected his Fever every moment and when it raised it might kill him, for that he was but a Shell, and upon that Business depended his Salvation. That the Deponent had been very intimate with Elliott during his Life, and it was Elliott's opinion for the last five years of his Life that his Negroes ought to be set free, but he declined doing it because it was against the Interest of the Public. That the Deponent believes the mind of Elliott was perfectly composed at the time of the Execution of the Deed, and that the next day this Deponent conversed with him upon what he had done, and the deceased declared he was extremly pleased and woud not have it otherwise for all the world and ten thousand worlds. That the said Elliott never had any such disease after the Execution of the Deed untill he died; but the Deponent used to hear of him every day and that he was sometimes better in the morning and worse in the Evening that the Deponent never saw him out of his Bed after the signing of the Deed; till he saw him a Corpse. On being cross examined, the Deponent further saith, that he Elliott had been in a low, wasting consumptive State for two Months before the above Transaction, That he had not been a hearty man for several years. That the Deponent has heard Elliott often complain of his Stomach and a Cough, and that the Deponent considered his Complaint at the time he executed the Deed, not as a new Complaint, but only an Increase of his old Disorder. That the Deponent believes the deceased never had a hope of his Recovery after he executed the Deed. That the   Deponent has often heard the deceased, before he executed the Deed, say he should not over it. that he heard him say this in his Room. That two months before he signed the Deed, Elliott used to visit his Neighbours now and then, but was in general very much at home, and not fond of going abroad. That about a Fortnight before he executed the said Deed, he the Deponent heard Elliot say that if all the Negroes coud be sent away, he woud very chearfully set his own free; but thought it coud not be done without prejudicing the Public, which which amazed the Deponent more. when he so soon after set them free. And further the Deponent saith not. And also produce in Court here Thomas Elliott who being also sworn in open Court upon the holy Evangels of Almighty God respecting the Subject aforesaid deposeth and saith, That he was present at his Brother's house when the Deed was Executed. He sent for him. That his said Brother was in such a State of Health, that he thought he coud not live but a very few days. That the said deceased died on the eighth day of November at about eleven o'Clock at Night, having executed the Deed on the twenty third day of October. That the Deponent saw him two or three times or more between the Execution of the Deed and the Death of his Brother That he lived about four miles from him, and went to see him as often as he coud, being his only Brother That there were markes of an Inflamation about his Throat and breast at the time and before he executed the Deed, and that these appeared worse after till he died. That the Deponent did not think he coud have lived so Long as he did after he executed the Deed. That the Deponent went to Baltimore before the Deed was executed and than thought he never shoud see his Brother again. That the Marks of the Inflamation appeared to the best of his the Deponents recollections about a Fortnight before he executed the Deed. That the said Inflamation in his Throat and breast certainly was the cause of his Death. The Deponent and his Brother, the Deceased, had frequent Conversations together, before he executed the Deed, about the Subject of   manumitting his Negroes. That the deceased was against the mode of setting Negroes free; but if they all cou'd be sent away to same, he shou'd not be against it That when he was sick, this Deponent heard him say the same thing, and was also much surprised when he was sent for by his Brother to find he was about to set his Negroes free. That the mind of his Brother must have been weakened when he executed the Deed, but it seemed to be well composed. The Deponent does not know that any person recommended this measure to his Brother, but supposed some of the Girls had done so, as they were Methodists. That the Deponent accused two of his Daughters, but they denied it, and were against the Proceedings. That the deceased was a member of the Church of England. That after the Execution of the Deed untill his death, the Deponent believes his Brother never left his room, nor his Bed, except to set down by it occasionally whilst they were making up his Bed, and not then without assistance. On being cross examined, the Deponent further saith, That for some time, perhaps four or five months before he was confined to his room, he was in a low State of Health, and was troubled with a Cough and Spitting. That the Deponent imagines it was an Increase of his Cough and spitting that was the cause of his death. That he was also in a Decay for about the same Time before his confinement, and had an Inflamation in his Throat and Breast, which together with his cough and spitting occasioned his Death. That the Deponent was with his Brother the day before he died and at the time of it. That this Deponent cannot say when he saw his Brother for the first time after the Execution of the Deed and before his Death. That it was from the information of the Deponent's mother, and being there himself now and then, that he believes his Brother was unable to leave his Bed without assistance. That the Deponent never thought it worth his while to converse with the deceased about the Manumission of his Negroes after he executed the Deed, and further this Deponent saith not.

And also produce in Court here Henry Carter Junior   who also being sworn in open Court on the holy Evangels respecting the Subject of the above Petition deposeth and saith he was present at the Execution of a Deed by John Elliot deceased for the Manumission of all his Negroes which deed he believes was Executed on the twenty third day of October last. John Elliott's State of health at that time appeared to be very desperate. He was then confined to his Bed and unable to move about without help or to leave his bed. John Elliot lived afterwards untill the 8th day of the November following. this Deponent saw the said John Elliot frequently after the Execution of the Deed sometimes twice a day. Sometimes every day & sometimes every other day, he supposes at least 8 or 10 different times before his Death, and his State of health appeared to this Deponent to be worse and worse every time he was him; and the said John Elliot himself told the Deponent frequently in answer to his inquiries about his heath, that he was not better. Elliott complained of a Bad Cough & Spitting, & an inflamation in his throat and Breast. It was thought the inflamation killed him and it mortified. his throat was sore & frequently washed. This Deponent lived within about three quarters of a mile of the said John Elliot at the time of the Execution of the Deed & untill his Death. He believes from what he saw that John Elliot from the time of the Execution of the Deed, to the time of his Death, never left his bed, but for the purpose of having it made up, and then not without assistance. On Cross examination this Deponent saith, he hath known John Elliott a long time. for five or six months before his death he was poorly, but till about the middle of August, he was able to go a fishing, and that was he believes the last time he went a fishing. After that time his health was worse, but he used at times to come over to see this Deponent, it being but a Little distance he believes after the middle of August he was not able to go fishing, and he seemed otherwise disposed, and to have become religious; & he believes after this time he continued still worse   and from indisposition cou'd not have gone fishing without fatigue. John Elliot did live about a quarter of a mile from the head of a Creek, where he usually kept his Canoe, but when he went fish was further. John Elliot was very fond of fishing. He this Deponent never heard John Elliott say any thing about setting his Negroes free, but hath heard him say it would be of bad Consequence to his Neighbour Long, if he set his Negroes free. This Deponent thinks John Elliott was confined to his house about the beginning of October, and from that time grew worse.

He was confined to his house from this time, weak & low spirited, but moved about from Room to Room, & sometimes to the Rooms above Stairs. This Deponent did not discover that John Elliott's understanding was at this time impaired; but whether it was the case at the time of the Execution of the Deed, this Deponent cannot undertake to say; nor what was the State of his mind, from the execution of the Deed, to the time of his death: never had any conversation with him on that subject afterwards: nor does this Deponent know that John Elliot was in a better Disposition of mind after the manumission, then at the time when it was made; and saith, that John Elliott executed his will on the same day, on which he executed the deed for the Manumission of his Slaves: but the Will was executed last, & after dark as this Deponent recollects. The Deed was executed pretty late in the Evening. Thereupon the said Cause was continued until the second Tuesday of April next. At which said Second Tuesday of April Anno Domini one thousand seven hundred and eight six came again as well the said Negroes Peter, Will, Jack, Amos Joe, Job, Sam, Cesar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel by their Attorney aforesaid, as the said Susanna Elliott and Rachell Elliott by their Attorney aforesaid; and the aforesaid Negroes Peter, Will, Jack, Amos   Joe, Job, Sam, Casar, Phillis, Violet, Sabina, Sal, Darkey, Rose Peg, Nan, Esther, Dinah, Andrew, Fan, Sue, and Daniel by their Attorney aforesaid produces in Court here Doctor Jacob Ringgold aged about thirty four years and being sworn in open Court on the Holy Evangels of Almighty God deposeth and saith, that on the day that John Elliott executed the Deed of Manumission, a negro slave of Elliott came to the deponents house, and told him the deponent that his Master Mr. Elliott wanted to see him. The deponent went to Mr. Elliott's the same day, and when he the deponent, went into Mr. Elliott's room, he informed the deponent, that he Elliott wanted to manumit his Slaves and had sent for the deponent, to have it done; The deponent observed, to Elliott that it was a matter of Consequence and deserved consideration and asked Elliott if he had considered it well that Elliot informed him he had. The deponent saith that he then took a List of his Slaves, retired into another room and drew the deed of Manumission, and returned then and read it to him, and asked Elliot if it was agreeable to his intentions, who answered it was. The deponent then returned into the room where he drew the deed, to obtain Evidences to the deed and called on William Erickson who at first refused saying that he could not think that Mr. Elliott was in his Senses as he had expressed great abherience to the measure a few days before, and conceived it to be highly injurious to the Country. The deponent then returned to Mr. Elliott, and told Elliott that there was a suspicion among some of his Neighbours that he Mr. Elliot was not in his senses, because that he Mr. Elliot, had expressed contrary sentiment two or three days before that Mr. Elliot, in a fretfull manner answered that such changes could be done in an Instant signifying that it was an act of divine providence. The deponent further saith, that Mr. Elliott said that his conscience was extremely uneasy, and that   he could not rest until he had set the Negroes free. The deponent saith, that Mr. Elliott, from his conduct and conversation in the oppinion of the Deponent, appeared to be perfectly in his senses at the time of the Conversation above mentioned, and also at the time of the execution of the said Deed. The deponent then went into the room where Mr. Erckson was and informed him that he the deponent thought and was perfectly satisfied that Mr. Elliot was perfectly in his senses, and prevailed with Mr. Erickson to be a Witness. which he accordingly was. The deponent at the time of executing the deed, asked Mr. Elliot his complaint who from what he the deponent could collect from Elliot, laboured under an inflammation, in the breast that Mr. Elliot, had laboured under this complaint for some considerable time before; The deponent saith that at the time above mentioned he did not discover any symptoms of a speedy death, but that he the deponent thought there was no hopes of a recovery. The deponent saith that after the execution of the deed Mr. Elliott requested him the deponent to draw his Will, which he the deponent attempted to do but not pleasing him Mr. Elliott declined as it grew late in the day, and obliged Mr. Elliott to set some other person to do it. The deponent saith that he was acquainted with Mr. Elliott, seven, eight or nine years before, and he appeared to be an infirm person, tho in the opinions of the deponent he Mr. Elliot did not appear to be in a wasting or Consumptive State. The deponent saith that he never saw Mr. Elliott after the day of the execution of the Deed, That Mr. Elliott appeared to the deponent to be under steady solid impressions, and not under any religious frenzy; but appeared, perfectly in his senses and that he Mr. Elliott as the Deponent believes never changed his religions, and that Mr. Elliott expressed to the deponent his belief that he should not recover. The deed was executed in the afternoon about four O'Clock.

(And)   And also produces in Court here, Susanna Cockey aged about seventy four or five who being sworn in open Court on the holy Evangles of Almighty God deposeth and saith, that she was present at the time John Elliott, made a deed of manumission and That he was as she believes in his perfect senses and knows nothing to the contrary, and that he was so poorly, that he could not git out of his Bed, at the time of his making the Deed, and never could afterwards without help, and that he never had his Cloaths on after, that time. Elliott at that time and afterwards had an inflamation, in his throat and breast of which he died, which complaint, he long had laboured under and she believes, from the harvest before. The deponent further saith that Elliott made his Will, at the same day with the deed, that they both laid on the Table, but that she does not know which was executed first. That Mr. Elliott was the Deponent's son, and that she never had heard him mention any thing of setting his Negroes free till that day. The Deponent also saith that she lived with her said son the chief part of the time he Mr. Elliot was sick; and that She doth not know whether the will was written, when the deed was executed or not, that believes it was. Upon Cross examination, the Deponent saith that at the execution of the deed her said son did not appear melancholy, nor had he lost his shirts; the Deponent saith that his said son sent for the Majestrate as she believes, of his own accord but she was not present when he gave the orders for sending for the Majestrate nor doth she know that he gave such orders. The deponent further saith that he said Mr. Elliott, was scarcely ever out of his bed from the execution of the afsd deed, to his death, and then only to have it made, and was never out of the same room afterwards. Thereupon the said cause was continued until the second Tuesday of September next.

(And)   And now here at this day to wit, the second Tuesday of September Anno Domini one thousand seven hundred and eighty six, come here as well the aforesaid Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Casar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Daniel, Andrew Fan, Sue, and Daniel by their Attorney aforesaid, as the aforesaid Susanna Elliott and Rachell Elliott by their Attorney aforesaid; and the aforesaid Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Casar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue and Daniel by their Attorney aforesaid agrees and admits that the Deed of Manumission executed by John Elliott deceased on the twenty third day of October in the year one thousand seven hundred and eighty four, and on which alone the Petitioners founded their claim to freedom, was executed, Sealed and delivered by him the same John Elliott in his last sickness, of which said last sickness he died: Whereupon all and singular the premises aforesaid and the allegations and Evidence, as well on the part and behalf of the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Cesar Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel; as also on the part and behalf of the said Susanna Elliott and Rachell Elliott, being by the Court here seen heard fully understood, and mature deliberation thereupon had; It is considered by the Judges here that the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Casar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue, and Daniel, are not entitled to their freedom, and that their said Petition be dismissed. Whereupon the said Negroes Peter, Will, Jack, Amos, Joe, Job, Sam, Casar, Phillis, Violet, Sabina, Sal, Darkey, Rose, Peg, Nan, Esther, Dinah, Andrew, Fann, Sue and Daniel by their attorney aforesaid prays an Appeal from the Judgment of the Court here in form aforesaid rendered, unto the Judges of the States High Court of Appeals; and the same is granted unto them, and it ordered by the   Judges here that a Record of the proceedings be transmitted to the Honorable the Judges of the high Court of Appeals, and the same is accordingly transmitted.

Test James Earle Clk.