O Say Can You See

Be it remembered, that at this Term towit, the second Tuesday of October being the Thirteenth day of the said month in the year of our Lord One thousand seven hundred and eighty nine; Elizabeth Butler by Gabriel Duvall her attorney, preferes and files in the General Court here, her Petition for Freedom against Henry Hill, which is in form following towit. To the Honorable the Judges of the General Court; The humble Petition of Elizabeth Butler (Great Grand Daughter of a white woman called Irish Nell) Sheweth, that your Petitioner is unlawfully detained in Slavery by Mr Henry Hill of St Mary's County; that your Petitioner is the Mother of Eleven Children, three of whom (two Boys one named Jerry & the other named Jess, and a Girl named Phillis) were in the possession of the said Henry Hill since January last, and have been since sent (and as your Petitioner believes sold) out of the State by the Said   Henry Hill. Your Petitioner prays your Honors to hear her complaint against the said Henry Hill, and to declare her Free, with all her children; and for that purpose your Petitioner prays that Summons may issue against the said Henry Hill to appear and answer this Petition, and that he be obliged to permit your Petitioner to attend the Court, and not to sell your Petitioner out of the State, or do any other act to prevent your Petitioner from attending the Court; and your Petitioner also prays that the said Henry Hill may be compelled to produce before the Court in some reasonable time, the said three children of your Petitioner sent by him out of the State as above set forth. And your Petitioner will pray.

Whereupon, it is ordered by the Court here, that the writ of the State of Maryland and Subpoena ad respondendum issue upon the said Petition. Thereupon, the said Elizabeth Butler by her attorney aforesaid, prosecutes and sues forth out of the General Court here the said writ against the said Henry Hill, directed to the Sheriff of Saint Mary's County in form following towit. The State of Maryland Sct. To the Sheriff of Saint Marys County, Greeting: We command you that you Summon Henry Hill late of Saint Mary's County that all excuses and delays set aside he be and appear before the Judges of our General Court now holding at the City of Annapolis, immediately, to answer the Petition of Elizabeth Butler preferred against him for Freedom: Hereof he is not to fail and fail not at your peril and have you then and there this writ. Witness the Honorable Robert Hanson Harrison Esquire Chief Judge of our said Court the 13th day of October Anno domini 1789.

Issued the 19th day of October 1789. Jno Gwinn Clk.

And the Sheriff of Saint Mary's County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Summoned. P. Ford, Sheriff"

Whereupon comes into the General Court here, the said Henry Hill by John Allen Thomas his attorney; Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here, is continued until the Second Tuesday of May next; the same day is given to the parties aforesaid, then andsoforth.

At which said second Tuesday of May being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here, as well the said Elizabeth Butler by her attorney aforesaid, as the said Henry Hill by his   his attorney aforesaid; Thereupon, further process of and upon the premises aforesaid between the parties aforesaid, by order of the Court here is further continued until the second Tuesday of October next; the same day is given to the parties aforesaid, then andsoforth.

At which said Second Tuesday of October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid, as the said Henry Hill by his attorney aforesaid:

Thereupon, further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here, is further continued until the Second Tuesday of May next; the same day is given to the parties aforesaid, then, andsoforth.

At which said Second Tuesday of May being the Tenth day of the said month in the year of our Lord One thousand seven hundred and ninety one, come again into the General Court here as well the said Elizabeth Butler by her attorney aforesaid, as the said Henry Hill by his Attorney aforesaid; Thereupon, further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here, is continued further until the Second Tuesday of October next; the same day is given to the parties aforesaid, then, andsoforth.

And now at this day towit, the said Second Tuesday of October being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety one, come again into the General Court here, as well the said Elizabeth Butler by her attorney aforesaid, as the said Henry Hill by Philip Barton Key his attorney; And the said Elizabeth Butler by her attorney aforesaid files in Court here the Deposition of John Butler, which ensues and is of the Tenor following towit.

Ignatius Butler
vs
Joseph Simms

John Butler aged sixty nine years & upwards, being Sworn on the Holy Evangely of Almighty God deposeth & saith that he knows Rebecca the mother of Ignatius a Petitioner against Joseph Sims now present ever since he was seven years old, the said Rebecca was always reputed to be the Daughter of Jane Butler who was Daughter of Irish Nell a Free white woman, and Rebecca aforesaid hath obtained her Freedom on a Petition against Mary Shervin. He further saith that Ralph Butler now present, a petitioner for his Freedom against John Lucas is son of Nel Butler sister of Rebecca the mother of Ignatius aforesaid; and this Deponent saith he knew Ralph ever since he was a child; and   his mother also. That he knew Betty now present a petitioner for Freedom against Henry Hill, ever since she was a child, she is the Daughter of Phillis the sister of the Deponent. That Chloe Butler now present a Petitioner against Nicholas L. Sewall is Daughter of the said Betty; also Clara Butler now present a petitioner against Patty Shade is Daughter of Betty, and Gustavus now present a petitioner against William Thomas, and Ignatius now present a petitioner against William Craik are sons of the said Betty; and Lydia now present a petitioner against James Carrico; and Lucy a petitioner against Benedict Wheeler are Daughters of the said Betty, and all of them have been known by the Deponent ever since they were small children. That Charles Butler now present has been known by the Deponent ever since he was a sucking child and is the son of Nel Butler, and Brother of Jeremiah Butler who obtained his Freedom against John Cartwright. That Electius now present a petitioner against Ralph Jameston is son of Jane Butler who is sister to Ignatius above mentioned a petitioner against Joseph Sims; and the Deponent has also known Stephen now present a petitioner against Eleanor Smith ever since he was a child, he is son of Jane Butler whom the Deponent knew ever since she was a child, who was Daughter of Nanny Butler whom this Deponent has known ever since he was very young; the said Nanny last named was mother of Nelly who was Mother of Jeremiah who is now Free on a petition against John Cartwright Sworn before the subscriber this Twenty fourth day of December 1791. Allen Quynn.

Whereupon, the said Henry Hill by his attorney aforesaid saith, that he cannot deny the Complaint aforesaid of the said Elizabeth Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Elizabeth Butler the petitioner aforesaid is entitled to her Freedom being the Great Grand Daughter of a white woman called Irish Nell, in manner and form as the said Elizabeth Butler by her said Petition to the Court hired preferred against him the said Henry Hill above hath alleged; And thereupon the said Elizabeth Butler the Petitioner aforesaid by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Henry Hill together with her costs and charges by her about the prosecution of her said petition, to her to be adjudged, andsoforth. Therefore it is considered by the Court here, that the said Elizabeth Butler, the Petitioner aforesaid, recover of and against the said Henry Hill her Freedom   Freedom, and that she be hence freed and discharged of and from the service of the Henry Hill, and that she the said Elizabeth Butler, the Petitioner aforesaid go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Elizabeth Butler the petitioner aforesaid, recover against the said Henry Hill the quantity of Five hundred and Sixteen pounds of tobacco, by the Court here unto the said Elizabeth Butler on her assent adjudge for her costs and charges by her about the prosecution of her said Petition in this behalf laid out and expended, and that she have thereof her Execution, andsoforth.

Test John Gwinn Clk.