Rachel Graham v. Frances Swann. Petition for Freedom
The petition of Rachel of negro Rachel otherwise called Rachel Graham humbly and respectfully shews to your Honors that she is now confined and has been confined in the Jail of Alexa. County for several months. That being entitled to her freedom and being claimed as a slaves by Mrs Frances Swann She made complaint thereof as the law directs to Charles McKnight Esqr. as magistrate for said County who issued his warrant summoning the said Frances to appear & answer your petitioners complaint. That the said Frances wholly failed to give the bond & security conditioned to suffer your petitioner to appear at the next court thereafter for the purpose of petitioning your Honors to be allowed to sue in forma pauperis for the recovery of her freedom; whereupon your petitioner was by the said magistrate ordered into the custody of Theodore Meade the officer who served the said warrant to be safely kept according to law until the sitting of the present term of your Honorable Court. That the said Meade committed your petitioner for safe keeping to the Jail of Alexa. County.
That the material facts on which your petitioner relies for her freedom are that she was born in the City of Washington of a woman named Milly then the property of Miss Brown. That Milly had resided in Washington for many years before the birth of your petitioner & continued to reside there as did your petitioner for a long time after her birth. That at this time Miss Brown was a resident of Alexa. County and continued to reside in Alexa County ever afterwards. That some time after the birth of your petitioner she was removed by Miss Brown to Alexa. County and there sold to Mrs Frances Alexander. That your petitioner has been detained in slavery in Alexa County ever since.
That under the laws of Va. against prohibiting the importation of slaves, your petitioner by the said removal & detention became entitled to her freedom; the ninth section of the Act of Congress, approved 24th June 1812 entitled "An act to amend the laws within the District of Columbia", not giving any power or authority to the said Brown to make such removal or importation, as in similar cases has been heretofore decided by your Honorable Court.
Your petitioner therefore prays of your Honors to assign her council, according to law to prosecute her suit for her in forma pauperis against said Frances Swann to recover her freedom. And prays of your Honors to direct the clerk of your court to issue process for your petitioner against the said Frances Swann to appear and answer the present Complaint. Your petitioner appends the opinion
Rachel Graham
by
Walter Jones & Th: Semmes.
I hereby certify that I have examined the case of Rachel Graham, and in my opinion she is. entitled to her freedom.
Th: Semmes.
This day Rachel Graham Milly Dunbar the mother of the above named petitioner and a free woman of color made oath before the subscriber a Justice of the Peace for the County aforesaid that the matters & things stated in the foregoing petition are true.
Given under my hand this 12 day of Oct. 1840.
Newton Keene
This day Ann Graham, sister of the within named petitioner and a free woman of color made oath before the subscriber a Justice of the Peace for the county aforesaid that the matters & things stated in the foregoing petition she has always heard for many years past to be true & she believes knows to be true, excepting as to the birth of Rachel & some other facts stated in the petition which she has always heard for many years past were true & which she believes to be true.
Given under my hand this 13th day of Oct. 1840.
Chas McKnight
Negro Rachel
v.
Frances Swann
Petition to sue for freedom.
1840 Oct Term 6 day
Leave to sue in forma pauperis &c