Moses Queen v. Henrietta Sanders. Judgment Record

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Moses Queen
vs
Henrietta Sanders

Be it remembered that now here on this third monday in December being the seventeenth day of the said month in the year of our Lord on thousand eight hundred and ten, the Chief Justice and associate Justices of the first Judicial District of the State of Maryland in pursuance of the act of assembly in such case made and provided transmit to the Court of Appeals how the record of proceedings in a cause which was lately depending before them in the County Court of Charles County between Moses Queen Plaintiff and Henrietta Sanders Defendant and wherein the said County Court gave Judgment in favor of the said Henrietta Sanders against the said Moses Queen and from which said Judgment the said Moses Queen prayed an appeal unto the Court of Appeals here the tenor of which said record of proceedings is in form following towit Charles County towit At a County Court of the State of Maryland begun and held at Charles Town in and for Charles County aforesaid on the third monday in August being the 20th day of the same month in the year of our Lord one thousand eight hundred and ten and of the Independence of the United States of America the thirty fifth.

Were present
John Mackall Gantt Esqr Chief Judge
Edmund Key & Daniel Clarke Esquires associate Judges
Alexander Johnson Esqr Sheriff
John Barnes Clk

 

In the record of the proceedings of the same Court among others is the following towit

Moses Queen
vs
Henrietta Sanders

Be it remembered that on the 16th day of September in the year of our Lord one thousand eight hundred and eight, the said Moses Queen by Gerard N Causin Esquire his attorney exhibited to the Judges of the Court here his petition for freedom against the said Henrietta Sanders in the words following towit

To the Honourable The Judges of Charles County Court. The petition of Moses Queen a person of colour humbly sheweth unto your Honours that he your petitioner is entitled to his freedom being descended through the female line from a white woman that he your petitioner is unjustly held in slavery by one Henrietta Sanders of Charles County from which illegal and oppressive bondage he humbly prays to be discharged by the Judgment of of your Honors and that summons may issue against the said Henrietta Sanders commanding her to appear in this Honourable Court and answer the premises and your petitioner &ca.

Gerard N. Causin for Petitioner

Whereupon it is ordered by the Court here that the said Henrietta Sanders do not remove the aforesaid Moses Queen out of this county nor obstruct him from attending this Court from time to time in support of his petition for freedom against her the said Henrietta Sanders and in the mean time to feed clothe and use the said Moses Queen well. And at the prayer of the said Moses Queen by his attorney aforesaid summons is ordered by the Court here to issue to the Sheriff of Charles County against the aforesaid Henrietta Sanders to answer the petition aforesaid which accordingly issued in the words of figures following towit Charles County towit The State of Maryland To the Sheriff of Charles County Greeting. We command you that you summon Henrietta Sanders late of Charles County that all excuses and delays set aside he be and appear before the Judges of our next County Court to be held at Charles Town on the third monday of March next to answer the petition of Moses Queen preferred against her for freedom. hereof she is not to fail and fail not at your peril and have you then and there this write Witness John Mackall Gantt Esquire Chief Judge of our said Court at Charles Town aforesaid the 24th day of August Anno Domini 1808.

Issued the 16th day of September 1808.
John Barnes clk
G. N. C.

At which said third monday in March being the 20th day of the same month in the year of our Lord one thousand eight hundred and nine and the day of the return of the aforegoing writ comes into the County Court here the said Moses Queen by Gerard N Causin and Robert C Stone Esquires his attornies aforesaid and the Sheriff of Charles County to whom the same writ was made and directed likewise comes and makes return thereof to the Court here thus endorsed towit

Sumd Thos A. Davis Shff

And the said Henrietta Sanders by Henry Henley Chapman her attorney comes and defends the Complaint aforesaid, when and where the said Court shall take the same into consideration. Whereupon it is ordered by the Court here that the said Henrietta Sanders enter into recognizance with one security   in the sum of one hundred and fifty pounds current money not to remove out of Charles County the aforesaid Moses Queen nor obstruct him from attending the Court from time to time in support of his petition for freedom preferred against her and in the mean time to feed clothe and use the said Petitioner well. Thereupon the said Henrietta Sanders and a certain James Neale of Bennet present here in Court jointly and severally acknowledge themselves to owe and stand justly indebted to the State of Maryland in the sum of one hundred and fifty pounds current money to be levied of their bodies goods and chattels Lands and Tenements to and for the use of the said State. Conditioned that the aforesaid Henrietta Sanders do not remove out of Charles County Moses Queen the petitioner aforesaid nor obstruct him from attending this Court from time to time in support of his petition for freedom preferred against her and in the mean time to feed, clothe and use the said Petitioner well and the said Moses Queen by his attornies aforesaid files in Court here the following affidavit to wit.

Moses Queen
vs
Henrietta Sanders

Stephen Queen Nancy Queen & Mary Queen
vs
Revd. Chas. Neale

Petition for Freedom

Personally appeared before me one of the Justices of the peace for Charles County and made oath on the holy Evangels of Almighty God that they believe they cannot have a fair and impartial in the Court of Charles County in the petition now pending.

Sworn before me this 28th March 1809
Henry Hagan

And the said Moses Queen by his attornies aforesaid prays the Court to order and direct the record of the proceedings in this cause to be transmitted to the Judges of any other County Court within the first Judicial district for trial which direction the Court refused to give. Thereupon the said Moses Queen by his attornies aforesaid tendered to this Court here his bill of Exceptions and which was by the court here signed and sealed and which is in form following towit

Moses Queen
vs
Henrietta Sanders

Nancy Queen, Stephen Queen, Mary Queen
vs
Revd. Charles Neale

Petition for Freedom

The Petitioners in this case by their counsel moved the court to direct the Clerk that the records and proceedings under the said petitions should be removed by the act of the General Assembly of Maryland passed in November 1804 Chap 55 § 2d which direction the Court refused to give to which opinion the Defts by their Counsel beg leave to except and pray the Court to sign this their bill of Exceptions which is accordingly done this first day of April Eighteen hundred and nine.

Daniel Clarke (seal)

And the said Henrietta Sanders by her attorney aforesaid prays leave of the Court here to imparle until the third monday in August next and she hath it the same day is given to the said Moses Queen also.

At which said third monday in August being the 21st day of the said month in the year of our Lord one thousand eight hundred and nine Comes again into the County Court here   as well the said Moses Queen by his attornies aforesaid as the said Henrietta Sanders by her attorney aforesaid and the said Henrietta Sanders by her said attorney as before defends the Complaint aforesaid when and where the said Court shall take the same into consideration and prays further leave thereof to imparle until the third monday in March next and he hath it the same day is given to the said Moses Queen also. At which said third monday in March being the 19th day of the said month in the year of our Lord one thousand eight hundred and ten. Comes again into the County Court here as well the said Moses Queen but his attornies aforesaid as the said Henrietta Sanders by her attorney aforesaid Thereupon further process of and upon the premises aforesaid between the parties aforesaid by consent of the said parties and their attornies aforesaid and by order of the Court here thereon is further contained until the third monday in August next.

And now here at this day towit the third monday in August being the 20th day of the same month in the year of our Lord one thousand eight hundred and ten comes again into the County Court here the said Henrietta Sanders by her attorney aforesaid; Whereupon the said Moses Queen although solemnly called comes not nor doth he further prosecute his petition aforesaid against the said Henrietta Sanders in the plea aforesaid Whereupon it is ordered by the Court here that the petition aforesaid be dismissed. And the said Moses Queen by his attornies aforesaid prays an appeal from the decision aforesaid to the High Court of Appeals of the State of Maryland and it is granted him; It is therefore ordered by the Court here that the record and proceedings in the plea aforesaid with all things there unto relating be transmitted to the said High Court of Appeals and the same are transmitted to the said Court accordingly.

Test. John Barnes Clk

Maryland Charles County Sct. In Testimony that the aforegoing is truly copied from the record of the proceedings of Charles County Court I have hereto subscribed my name and affixed the seal of the County Court aforesaid this fourteenth day of December in the year of our Lord one thousand eight hundred and ten.

(seal of Charles County Court)

John Barnes Clerk of Charles County Court.

And now comes into the Court of Appeals here as well the said Moses Queen by Francis Scott Key his attorney as the said Henrietta Sanders by Henry H Chapman her attorney And Thereupon on motion of the said Henrietta Sanders by her attorney aforesaid it is ruled by the Court here that the said Moses Queen assign the error in the record of proceedings of the Judgment aforesaid brought before the Court here for correcting the errors supposed to be herein or Judgment by the Court here will be entered against him in default thereof. And the said Moses Queen by his attorney aforesaid says that in the record of proceedings aforesaid as also in rendering the Judgment aforesaid it is manifestly erred in this that is to say, that by the records of proceedings aforesaid it appears that the Judgment aforesaid given was given for the said Henrietta Sanders against him the said Moses Queen when by the Law of the land that judgment ought to have been given for him the said Moses Queen against the said

 

Henrietta Sanders therefore in this it is manifestly erred and he prays that the Judgment aforesaid for this and other errors in the record of proceedings aforesaid being may be revoked annulled and held for naught and that he the said Moses Queen to all which he by occasion of the Judgment aforesaid hath lost may be restored &c And he prays that the said Henrietta Sanders may rejoin to the errors aforesaid and soforth. And the said Henrietta Sanders by her attorney aforesaid says that there is no error either in the records of proceedings aforesaid or in the rendition of the Judgment aforesaid and she prays that the Court here will proceed to the examination as well of the said record of proceedings as of the Judgment aforesaid and that the same may be in all things affirmed &c And the said Moses Queen prays that the Court will now proceed to the said Examination &c

Whereupon as well the Record of Proceedings aforesaid and the Judgment given in form aforesaid as the matter aforesaid by the said Moses Queen above for errors assigned being seen and fully understood by the Court here and mature deliberation thereupon had for it appears to the Court here that there is no error either in the record of proceedings aforesaid or in the giving Judgment aforesaid.

Therefore it is considered by the Court here that the Judgment aforesaid in form aforesaid given be in all things affirmed and stand in full force and effect the said causes for error above assigned and alleged in any wise notwithstanding.

Memorandum     At the argument and decision of this case in the Court of Appeals the Honorable John Mackall Gantt Esquire Judge withdrew from the Bench.

Test. Th Harris Junr. Clk

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