O Say Can You See

Be it remembered, that heretofore, towit, on the Twenty first day of October, in the year of our Lord One thousand seven hundred and ninety; Henrietta Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom against Williamson King, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Henrietta Butler, humbly sheweth, that she is held as a Slave by Williamson King of Charles County, altho' she is entitled to her Freedom, being descended from a Free woman whose name was Eleanor Butler. Your Petitioner   is the Daughter of Sarah Butler who was the Daughter of Elizabeth Butler who was the Daughter of Eleanor Butler who was the Daughter of Eleanor Butler aforesaid a Free white woman. She therefore prays your honors to take her case into consideration and discharge her from the custody of the said Williamson King, and that Summonses may issue for her Witness & soforth.

G. Duvall, for Petitioner.

Thereupon, on motion of the said Henrietta Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Williamson King do not remove the said Henrietta Butler out of this State, nor obstruct her from attending the Court from time to time in support of her Petition for Freedom, preferred to the Court here; and in the mean time to feed, cloath and use the said Henrietta Butler, well; It is further ruled and ordered by the Court here, that the writ of the State of Maryland of Summons issue forth out of the General Court here, against the said Williamson King, to answer unto the said Petition of the said Henrietta Butler; which said Summons issued accordingly, directed to the Sheriff of Charles County, in form following towit. The State of Maryland Sct To the Sheriff of Charles County Greeting: We command you that you summon Williamson King late of Charles County, that all excuses and delays set aside he be and appear before the Judges of our General Court to be held at the City of Annapolis on the second Tuesday of May next, to answer the Petition of Henrietta 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 Thomas Johnson Esquire Chief Judge of our said Court the 24th day of November Anno domini 1790.

Issued the 7th day of December 1790. (GD.) Jno Gwinn Clk

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Henrietta Butler by her attorney aforesaid; and the Sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid, directed, makes return thereof to the Court here, thus endorsed towit: "Summoned. Thos A. Dyson, Sheriff" And the said Williamson King being so forewarned, comes into the General Court here, by John   John Campbell 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 October next; the same here, is continued until the second Tuesday of October next; the same day is given to the parties aforesaid, then, and soforth.

At which 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 Henrietta Butler by her attorney aforesaid, as the said Williamson King 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.

And now at this day towit, the said second Tuesday of May, being the Eighth day of the said month in the year of our Lord One thousand seven hundred and ninety two, come again into the General Court here, as well the said Henrietta Butler by her attorney aforesaid, as the said Williamson King, by his attorney aforesaid: And the said Henrietta Butler by her attorney aforesaid, files in Court here the Deposition of Joseph Butler, which is as follows towit:

Thomas Butler
against
Iezreal Penn

Joseph Butler a Freeman of Colour aged about fifty one years and upwards, being sworn on the Holy Evangely of Almighty God, deposeth & saith, that the Petitioner Thomas is the son of Elizabeth Butler who was the Daughter of Eleanor Butler, which said Elizabeth & Eleanor, this Deponent well knew upwards of thirty years ago; that Eleanor aforesaid, as this Deponent has been informed and always understood, was the Daughter of Eleanor Butler a Free Irish Woman, and the said Eleanor was sister of this Deponents Grandmother Sarah Butler who was Daughter of the said Free Irish Woman. And further he saith that Clement Butler, Jacob Butler and Giles Butler who have Petitioned against Henry Pyke, Elizabeth Taney & John Somerville are Brothers of Thomas, who petitioned against Iezreal Penn. That Henny who petitioned against Edward Smoot is sister of the said Thomas, who this Deponent has known upwards of thirty years. That Sarah who petitioned against Iezreal Penn, and Charity who petitioned against Joseph Thompson are sisters of the said   Thomas, both of whom this Deponent has known for many years. That William who has petitioned against Joseph Neale, Lewis who has petitioned against John Laidler, Clement who has petitioned against Iezreal Penn, & George who has petitioned against Iezreal Penn are sons of the aforesaid Sarah who petitioned against the aforesaid Iezreal Penn, all of whom this Deponent has known ever since they were children at the breast. That Henny who has filed a petition against Williamson King, and Rachel who has Petitioned against Benjamin Posey and Anne (against John Keech) are sisters of the four last mentioned Petitioners sons of the aforesaid Sarah, which this Deponent has also known ever since they were small children. And further he saith not. Sworn to this 22d day of December 1791 before the Subscriber one of the Justices of Anne Arundel County. Allen Quynn Whereupon, the said Williamson King by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Henrietta Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Henrietta Butler, the Petitioner aforesaid, is entitled to her Freedom, being descended from a Free woman whose name was Eleanor Butler, in manner and form as the said Henrietta Butler, by her said Petition to the Court here, preferred against him the said Williamson King, above hath alleged; and thereupon, the said Henrietta Butler by her said Attorney, prays that she may be dismissed and discharged from the service of the said Williamson King, 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 Henrietta Butler, the Petitioner aforesaid recover of and against the said Williamson King, her Freedom, and that she be hence freed and discharged of and from the service of the said Williamson King, and that she the said Henrietta Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Henrietta Butler, the petitioner aforesaid, recover against the said Williamson King, the quantity of Six hundred and ten pounds of tobacco, by the Court here, unto the said Henrietta Butler, on her assent adjudged, 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 Clerk