O Say Can You See

 

District of Columbia towit:

At 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 fourth monday of december, being the twenty sixth day of the same month, in the year of our Lord one thousand, Eight hundred and Eight, and of American Independence the thirty third.

The Honorable
William Cranch Esquire, chief judge
Nicholas Fitzhugh & Allen B. Duckett Esquires assistant Judges

Washington Boyd Esquire Marshal
William Brent Clerk.

In the Record of Proceedings of the same Court, amongst others in the following, towit;

Susan Davis & her Daughter, Ary
against
Caleb Swan

Be it remembered that heretofore towit on the fourth day of September in the year of our lord one thousand Eight hundred and seven, the said Susan and Ary by Henry Hiort their attorney filed in Court here, the following Petition towit, "To the Honble the Judges of the Circuit Court of the County of Washington in the District of Columbia, The humble Petn of Susan Davis & her daughter Ary, humbly sheweth, That your Petitioners are detained in slavery by Caleb Swann & as they were born free, they pray that process may be awarded   to compell the appearance of the said Caleb Swann to answer their complaint.

H. Hiort for Complt.
4th Septr. 1807.

Whereupon a writ of the United States, of Subpoena, issued to the marshal of the District of Columbia, in the words and of the tenor following, this is to say,

"District of Columbia, towit:

The United States of America to the Marshal of the District of Columbia, Greeting:

You are hereby commanded to Summon Caleb Swann that all excuses and delays set aside he be and appear before the Circuit Court of the District of Columbia, to be held in and for the County of Washington at the City of Washington on the fourth monday of december next then and there to answer the petition of negro Susan Davis and her daughter Ary, in the said Court exhibited against him for their freedom. Hereof fail not at your peril and have you then and there this writ. Witness William Cranch Esqr. Chief Judge of the said Court the 31st day of August 1807. Issued the 4th day of September 1807.

Wm Brent Clk.

Hiort

At which said fourth monday of december, being the twenty eighth day of the same month in the year of our lord one thousand eight hundred and seven, and the return day of the aforegoing writ of subpoena, come into the Circuit Court here, the said Susan and Ary by their   said attorney; and the marshal of the District of Columbia aforesaid, to whom the said Subpoena, was in form aforesaid directed, makes return thereof to the Court here, thus endorsed, towit;

"Sumd 4th Septr 1807."
Danl C Brent, Marshal.

And the said Caleb Swann being called appears in court here by Francis S Key and Elias B. Caldwell his attornies: Whereupon the Court here, on motion of the said Petitioners by their said attorney, order the said Caleb Swan to enter into recognizance in the sum of eight hundred dollars current money, conditioned that the said Caleb Swan, do not remove the said Petitioners out of the District of Columbia nor obstruct them from attending this court from time to time, in support of their said petition; Thereupon the said Caleb Swann present here in court, acknowledges himself to owe and stand justly indebted unto the United States of America in the sum of Eight hundred dollars current money, to be levied of his body, goods and chattels; lands and tenements, to and for the use of the United States, on condition that he the said Caleb Swan do not remove Susan Davis and her daughter Ary out of the District of Columbia, nor obstruct them from attending this court from time to time, in support of their petition for freedom, exhibited in the said Court against him the said Caleb Swan and in the mean time to feed cloath and use them well.

And thereupon, on motion of the said Petitioners by their attorney aforesaid, it is ruled by the Court here that the   said Caleb Swan answer to the petition aforesaid, of the said petitioners, on the plea aforesaid, or judgment by the Court here will be rendered against him by default, and the said Caleb Swan by his said attornies, defends the force and injury, when &c. and prays leave of the Court here to imparle untill the first monday of June next, to answer to the petition of the said Petitioners in the plea aforesaid, and he hath it; the same day is given to the said petitioners then &c. At which mentioned first monday of June being the sixth day of the same month in the year of our Lord one thousand eight hundred and Eighth, untill which day the said Caleb Swan had leave to imparle, and then to answer to the Petition of the said Petitioners in the plea aforesaid, come as well the said Petitioners by their said attorney; as the said Caleb Swan by his said attornies.

Thereupon further process of and upon the premises aforesaid between the parties aforesaid by counsel of said parties, and their attornies aforesaid, and by order of the Court herethereon, is further continued untill the fourth monday of december next.

And now here at the day towit the fourth monday of December, being the twenty sixth day of the same month in the year of our Lord one thousand, Eight hundred and eight come again into the Circuit Court here as well the said Petitioners by Henry Hiort and Walter Jones Junior, by their attornies; as the said Caleb Swann by his attornies aforesaid.

And the said Caleb Swan by his said attornies come and defends the force and injury when he and says that the   the said Susan and her daughter Airy are the proper slaves of him the said Caleb without that that the said Susan & Airy are free women & of free condition & this he is ready to verify, wherefore he prays judgment if the said Susan & Airy & their action aforesaid to have or maintain ought by any thing before by the said Caleb in pleading alleged, they ought not to be precluded from having said maintaining their action aforesaid against the said Caleb, because protesting, that they are not slaves, but are free born, and this they pray may be enquired of by the Country &c and the said Caleb in like manner &c.

Therefore let a jury therefore appear before the Court here immediately by whom &c and who neither &c. to recognize &c Because as well &c. Who being called, come that is to say, James Veitch, Charles King, Alexander L. Joncherez, Jeremiah Boothe, David Wharm, Griffith Coombe, John Hollingshead, Adam Lindsay, Nicholas L. Queen, George Moore, Ignatius Newton and John Thompson who being empannelled and sworn to say the truth in the premises, upon their oath do say, that they find for the Petitioners; Therefore it is considered by the court here, that the said Susan Davis and her daughter Ary, the petitioners aforesaid, recover their freedom of and against the said Caleb Swan, and that they be free and discharged of and from the service of the said Caleb Swan, and that they the said Susan Davis and her daughter Ary go thereof freed and   discharged without day &c. it is also considered by the court here, that the said Susan Davis and her daughter Ary recover against the said Caleb Swan the sum of thirty seven dollars Sixty two and one half cents and the quantity of one hundred and Eighty six pounds of tobacco by the Court here unto the said Susan Davis & her daughter Ary, adjudged on their assent, for their costs and charges by them about the suit prosecution of their petition aforesaid [illegible] out and expended, and that they have thereof their execution, &c.

Memorandum. Judgment rendered in this cause for the petitioners, for their freedom and costs of prosecution on the eighteenth day of January Ano Domini one thousand Eight hundred and Nine.

Test Wm Brent Clk.

District of Columbia towit,

I William Brent Clerk of the Circuit Court of the District of Columbia for the County of Washington do hereby certify that the aforegoing is truly taken from the record and proceedings of this said Court

In testimony whereof I hereunto subscribe my name and affix the seal of the said Court this twenty seventh day of March Anno Domini 1809.

Wm. Brent Clk

District of Columbia towit. I William Cranch Chief judge of the Circuit Court of the District of Columbia do hereby certify that the aforegoing attestation by William Brent clerk of the said court for the County of Washington is in due form.

Given under my hand this 29th day of September 1812. at the city of Washington
W. Cranch.

 

Susan Davis & her daughter Ary
against
Caleb Swan

Petition for freedom and Judgment thereon for the petitioners.

Transcript

District of Columbia record