O Say Can You See

 

District of Columbia Sct

As a Circuit Court of the District of Columbia begun and held in and for the County of Washington at the City of Washington on the Second Monday of April being the fourteenth day of the same Month in the year of our Lord one thousand eight hundred and twenty three and of American Independence the Forty Seventh

Present
The Honble William Cranch Esquire Chief Judge
Buckner Thurston and James S Morsell Esquires Assistant Judges
Tench Ringgold Esquire Marshal
William Brent Clk

In the Record and proceedings of the same Court amongst others is the following towit

Negro Matilda Derrick for Herself and Children
agst
George Mason and Alexander Moore

Petn for freedom

Be it remembered that heretofore towit on the Fifth day of October in the year one thousand eight hundred and twenty two Matilda Derrick for herself and children by Thomas Turner Esquire her attorney filed in Court here her Petition for Freedom against George Mason and Alexander Moore in the words following towit; "To the Honourable The Judges of the Circuit Court for the County of Washington, Humbly complaining sheweth unto your Honours, your petitioners Negress Matilda calling herself Matilda Derrick for herself and her children Lucy Matilda and Louisa Infants under 21 years old that they are entitled to their freedom and to all the privileges secured by the benefits of the laws of this Country to the class of people to which your petitioners conceive themselves belonging. That for the last six or seven years she Matilda has resided and hired herself as a free woman within the District of Columbia for the last two years within Washington County. That no one has ever claimed the services or any thing therefor, within the said six or seven years until within a few days passed. That she has been promised from time to time, her free papers by a certain Alexander Moore of Alexandria County, District aforesaid who married into the family of a certain Doctor Craik late of Virginia to whom your petitioners   formerly belonged. That she has always understood herself (if belonging to any one) to be the property of Mrs. Louisa Mason the late deceased wife of a certain George Mason of Washington County District aforesaid; who now, as she understands, makes claim to her. That she founds particularly their claim to freedom by reason of her the said Matilda's removal from Charles County in the State of Maryland, to Fairfax County in the State of Virginia in or about the year 1792, or within the year or two of that period, sooner or later, by the said Doctor Craik her former Master and being then continued and held as a slave for more than one year, contrary to the acts of assembly, and the laws of the said State of Virginia and the provisions thereof. To the end therefore that a decision in the premises may be had from your Honourable Court your petitioner prays that a subpoena or subpoenas may issue from your Honourable Court directed to the said George Mason and Alexander Moore commanding them to be and appear before your Honourable Court &c And then or thereby made Defendants to this petition &c. And as in duty bound your petitioner will every pray &c

Thos Turner for Petr

District of Columbia County of Washington Sct. On this 5th October 1822, personally appears before the Subscriber one of the Justices of the Peace in and for the County and District aforesaid Matilda Negress, the Petitioner within named and makes oath on the Holy Evangely of Almighty God that the matters therein contained as stated of her own knowledge are true and as stated of the knowledge of others are true to the best of her knowledge and belief

Sworn before Daniel Reintzel

A summons was issued accordingly against the said George Mason and Alexander Moore to answer the Petition aforesaid and directed to the Marshal of the District of Columbia in the words and of the tenor following towit, "District of Columbia towit. The United States of America. To the Marshall of the District of Columbia Greeting: We "You are hereby commanded to summon George Mason and Alexander Moore if they shall be found in the county of Washington that (all excuses set aside) they be and appear before the Clerk of the Circuit Court of the District of Columbia at Rules to be held for the County of Washington in the City of Washington on the first Monday of November next to answer the Petition for freedom of Negro Matilda Derrick for herself and children filed in the Circuit Court here against them. Hereof fail not   at your peril and have you then and there this precept. Witness Wm Cranch Esquire Chief Judge of the said Court. Issued the 5th day of October 1822. (Turner)

Wm Brent clk

At which said first Monday of November in the year of our Lord one thousand eight hundred and twenty two being the day of the return of the subpoena aforesaid come before the clerk here at Rules the Petitioners aforesaid by their said Attorney, and the Marshal to whom the said subpoena was directed makes return thereof thus endorsed towit "Summoned Tench Ringgold Marshall" and the said George Mason and Alexander Moore by B. Lincoln Lear Esquire their Attorney come and defend the complaint aforesaid when and where the said Court shall take the same into consideration. Thereupon by order of the Court and consent of the parties the said cause is placed on the Trial Docket of the said Circuit Court for the County aforesaid at October Term Eighteen hundred twenty two, and the parties aforesaid by their said Attornies appear before said Court; and the said George and Alexander by their said Attorney as before defends the compliment aforesaid when and where the said Court shall take the same into consideration and for plea they say that the said Petitioners are not entitled to their freedom as is alleged and of this they put themselves upon their Country and the said Petitioners in like manner and so forth.

Whereupon for trying the issue aforesaid between the parties aforesaid above joined to be tried by their country, it is ordered by the Court here that a Jury thereon appear before the Court here immediately by whom &c and who neither &c to recognize &c because as well &c. Thereupon Twelve persons being called come towit, John T. Frost, Henry Pyfer, William Talbott, Seth Hyatt, William Thompson, Elie Cross, William Rhodes, Henry Smith, Gustavus Harrison, Charles H Wiltberger, Thomas Sandiford, & John T Ritchie who being duly elected empannelled and swhorn to say the truth in the premises, upon their oaths do say that the said Petitioners are not entitled to their freedom, as the said Defendants above in pleading hath alleged; Thereupon the said Petitioners by their Attorney aforesaid pray that the verdict aforesaid may be set aside because it is erroneous and given against the direction of the Court to the said Jury and that the issue aforesaid may be tried anew by other Jurors

Whereupon all and singular the premises being seen, and by the Court here more fully understood and mature deliberation being   thereupon had, for that it appears to the Court here, that the verdict aforesaid be set aside and held entirely as void and of no force or effect and that the issue aforesaid be tried anew by other Jurors to be afresh empannelled; Therefore let a Jury thereon appear before the Court here on the second Monday of April next by whom &c and who neither &c to recognize &c because as well &c the same day is given to the said parties then and there &c

And at said second Monday of April in the year of our Lord one thousand eight hundred and twenty three come again into Court here as well the said Petitioners by their Attorney aforesaid as the said Defendants by their Attorney aforesaid.

Whereupon for trying the issue aforesaid between the parties aforesaid it is ordered by the Court here that Twelve persons be drawn by ballot from the list of Petit Jurors returned by the Marshal of the District aforesaid to the Court here; Whereupon Twelve persons being so drawn and called come towit, Raphael Semmes, Alfred R Dawson, Joseph S Clark, Baily Washington, Samuel W. Adams, James Wilson, Richard Davis, Hanson Gassaway, William G Ridgely, Archibald Cheshire, Henry Ault and John B Forrest who being empannelled and sworn to say the truth in the premises upon their oath do say that the said Petitioners are entitled to their Freedom as they in their petition above have alleged; Therefore it is considered by the Court here that the said Matilda Derrick and her children Lucy, Matilda and Louisa, under the age of Twenty one the petitioners aforesaid recover their freedom of and against the said George Mason and Alexander Moore and that they be free and discharged of and from the service of the said George and Alexander and that the said Petitioners go thereof freed and discharged without day &c it is also considered by the Court here that the said Petitioners recover against the said George and Alexander the sum of    by the Court here unto the said Petitioners adjudged on their assent for their costs and charges by them about the prosecution of their petition aforesaid laid out and expended &c.

Memorandum. Before the Jurors aforesaid withdrew from the Bar of the Court here the said George Mason and Alexander Moore by their Attorney filed in Court here the following Bill of Exceptions towit. In this case the Petitioners to support the issue on their part joined offered evidence to prove that some time in the year   1792 and before the month of December in that year, James Craik removed from the State of Maryland into the County of Fairfax in the County of Fairf Commonwealth of Virginia with intent to settle in said County and become a Citizen of said Commonwealth; and did then so settle and become such citizen, and continue to reside as such in said County till his death; which happened some time in the year 1814. that said Craik at the time of his said removal brought the Petitioner Matilda with him from Maryland aforesaid into the County aforesaid she being then a Negro slave belonging to said Craik; and continually held the said Petitioner and her children in said County as slaves till his death and at his death devised them as slaves to his widow: who some time in the year 1814 removed from said County of Fairfax into the Town and County of Alexandria in this District bringing with her the said Petitioners and holding them as slaves in said Town of Alexandria till her death which happened some time in the year 1815 and at her death demised the said Petitioner to Ann the late wife of the Defendant Moore, and to Louisa the late wife of the Defendant Mason by her last will hereto annexed; that the said Ann and Louisa were at the time of such demise for a long time before and ever after till their respective deaths, inhabitants of the District of Columbia; the said Ann of Alexandria aforesaid and the said Louisa of George Town in the County of Washington: That the said Defendants Mason and Moore were at the time of their respective interrogatoriesmarriage with said Ann and Louisa for a long time before and ever since inhabitants and Citizens of said District the said Moore of Alexandria aforesaid, the said Mason of George Town aforesaid: That the said Petitioners were kept in Alexandria aforesaid for the space of Eighteen months after the death of the said widow Craik; and were then brought from Alexandria aforesaid to George Town aforesaid and there held by the said Louisa as a slave till her intermarriage with the Defendant Mason, in the month of October 1821: and ever since have been held in George Town aforesaid by the said Mason as the joint property of himself and said Moore That the Petitioners Matilda the younger Lucy and Louisa are the children of said Matilda, born after her removal from Maryland as aforesaid and whilst she was held by said James Craik as a slave as aforesaid and within the last   Twenty Years: And it is admitted that at the time of the said removal of the said Craik from Maryland into Fairfax as aforesaid and during all the year 1792 there were only Nineteen Magistrates in Commission as Justices of the Peace said County of Fairfax; all of whom have since departed this life. The last survivor of them having died about five years ago; and that the said Petitioners had not been imported from Africa or any of the West India Islands and was the slave and property of said James at the time of such his removal; and always before. The above admitted as the evidence in the case. (signed) B.L. Lear & W. Jones for Defts. Augt. Taney for Petrs.

And upon the facts so given in evidence and admitted as aforesaid the Petitioners prayed the opinion of the Court and an instruction to the Jury. That if the Defendant wishes to avail himself of the benefit of the provisos in the    sect of the Act of     it is incumbent on him to produce competent testimony to prove that the said    Craik had complied with the terms and conditions of the said proviso, and that in the absence of all testimony no presumption can arise from lapse of time or other facts in the case agreed to supply the defect of sworn testimony which opinion and instruction was accordingly given by the Court to the Jury: to which opinion and instruction the Defendants by their counsel except and thereupon the Defendants insisted and contended, before the Jury; first that the facts, given in evidence as aforesaid, do not impose upon the Defendants the necessity of proving by substantive evidence, that the said James Craik had taken the Oath prescribed by the Act of General Assembly of Virginia passed in the year 1787 ch. 77, within the time prescribed by the Act: and that the Jury upon the said statement of facts ought not to find the petitioners, for the want of such substantive proofs on the part of the Defendants. 2dly. That the Jury, under the circumstances so given in evidence, may presume that the said James Craik had taken the said Oath in the prescribed time. But the Court, upon the motion of the Petitioners overruled all the points so insisted upon and contended for by the Defendants and stopped the Defendants Counsel from proceeding to maintain the points or any of the points so insisted upon and contended for before the Jury by the Defendants. To which opinion and instruction the   Defendants Counsel excepts and pray the Court to sign and seal this their Bill of exceptions which is accordingly done this Thirteenth day of June A.D. 1823.

B Thruston (Seal)
Jas. S. Morsell (Seal)

Copy of the Will referred in the statement)

I Mariamne Craik do acknowledge this to be my last Will and Testament; I give and bequeath to my Grand Daughters Ann Moore and Ann Louisa Harrison my woman Myrtilla and her children to be divided between them. if they are sold the must be sold for a Term of years. they must not be sold for life out of the Family. In witness whereof I have hereunto set my hand and seal this Tenth day of April 1815

Mariamne Craik (Seal)

Witness William Washington, Maria D. Craik

N. B. I give my Desk to Ann Moore and my Medical Books to Doctor Washington.

Be it remembered that on this 20th day of April 1815 before me Alexander Moore Register of Wills for the County of Alexandria in the District of Columbia came William Washington and Maria D. Craik and proved this last Will and Testament of Mariamne Craik Deced. in due form of law

A. Moore
Register of Will

District of Columbia Sct

I Alexander Moore Register of Wills for the County of Alexandria in the District of Columbia do hereby certify that the above is a true Copy of Mrs. Mariamne Craiks will on[?] Record in my Office. In testimony whereof I have hereunto set my hand and affixed my seal of Office this 4th Novr. 1822

A. Moore, Regr.

Test William Brent Clk of Ct. Ct. for Coty of Washn. D. Ca

 

District of Columbia County of Washington Sct.

Whereas afterwards towit on the Third day of February 1823 the said George Mason and Alexander Moore by their said Attorney produced the United States Writ for Correcting of Errors upon the Judgment aforesaid directed to the Judges aforesaid; In pursuance whereof and according to the law in such cases made and provided a Transcript of the Record of Proceedings of the Judgment aforesaid and all things thereunto relating is truly and faithfully copied and with the Writ of Error annexed and a Copy of the Appeal Bond is hereby transmitted to the said Supreme Court.

In Testimony whereof I have hereto subscribed my name and affixed the Seal of the Circuit Court for the County aforesaid this Eighteenth day of June in the year of our Lord 1824.

William Brent Clk of Ct. Ct. for Coty of Washn. D.Ca

 

141 105 65 Washington

George Mason & Alexander Moore
Plaintiffs in Error
vs
Matilda Derrick & Her Children

Transcript.

filed feb: 7 1825

No. 65.
Reversed &c
March 16 1827.

1332