O Say Can You See

Be it remembered that heretofore to wit, on the twenty first day of May in the year of our Lord one thousand seven hundred and ninety two, Nase Butler by Henry Ridgely his attorney, preferred and filed in the General Court here, his Petition for Freedom against Ignatius Gardner, which is inform following towit. To the Honourable the Judges of General Court

The Petition of Nase Butler humbly sheweth that he is held in slavery by a certain Ignatius Gardner of Charles County, altho he is entitled to his freedom being descended from old Nell Butler a free white woman. Your Petitioner prays your honours to take his case into consideration and liberate him from servitude.

H. Ridgely for Petitioner

Whereupon, the said Nase Butler by his attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Summons, against the said Ignatius Gardner, directed to the Sheriff of Charles County, in form following to wit.

The State of Maryland to wit, To The Sheriff of Charles County, Greeting We command you that you summons Ignatius Gardiner late of Charles County that all excuses and delays be set a side he be and appear before the Judges of General Court to be held at the City of Annapolis on the second tuesday of October next to answer the petition of Nase 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 Honourable Samuel Chase Esquire Chief Judge of our said Court the 8th day of May Anno Domini 1792.

Issued the 21st day of May Anno Domini 1792. (H.R.)

John Gwinn Clk.

At which said second Tuesday of October being the Ninth day of the said month in the year of our lord one thousand seven hundred and ninety two, and the day of the return of the aforegoing, summons, comes into the General Court here the said Nase Butler by his 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 to wit. "Not Summoned. James Simms Shff"

And the said Ignatius Gardiner does not come into the General Court   Court here; Whereupon, on Motion of the said Nase Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the writ of the State of Maryland of Summons again issue forth out of the General Court here against the said Ignatius Butler, directed to the Sheriff of Charles County, in form following to wit. The State of Maryland to wit, To the Sheriff of Charles County; Greeting. We command you that you summon Ignatius Gardiner late of Charles County that all excuses and delays be set a side 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 Nase 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 honourable Samuel Chase Esquire Chief Judge of our said Court the 19th day of November Anno Domini 1792.

Issued the 20th day of December Anno Domini 1792.

(H.R.) John Gwin Clk.

And now at this day to wit, the said second Tuesday of May, being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three, and the day of the return of the last aforegoing Summons comes again into the General Court here, the said Nase Butler by his attorney aforesaid: and the Sheriff of Charles County aforesaid, to whom the said Summons was informed aforesaid directed, makes return thereof to the Court here thus endorsed to wit.

"Summoned. James Simmes. Shff."

Whereupon, comes into the General Court here, the said Ignatius Gardiner in his proper person, and saith, that he cannot deny the complaint aforesaid of the said Nase Butler the Petitioner aforesaid, so as aforesaid made, not but the said Nase Butler the Petitioner aforesaid, is entitled to his freedom, being descended from old Nell Butler a free white woman, in manner and form as the said Nase Butler by his said Petition to the Court here preferred against him the said Ignatius Gardnier above hath alleged: and thereupon the said Nase Butler by his said attorney, prays that he may be dismissed and discharged from the service of the said Ignatius Gardner together with his costs and charges by him about the prosecution of his said Petition, to him to be adjudged, &c therefore it is considered by the Court here, that the said Nase Butler the Petitioner aforesaid, recover of and against the said Ignatius Butler his freedom, and that he be hence freed and discharged of and from the service of the said Ignatius Gardiner and that he the said Nase Butler the Petitioner aforesaid go freed and discharged thereof without day &c And it is further considered by the Court here, that the said Nase Butler the Petitioner aforesaid, recover against the said Ignatius Gardner the sum of six hundred pounds of Tobacco, by the Court here unto the said Nase Butler on his assent adjudged   adjudged, for his costs and charges by him about the prosecution of his said Petition in this behalf laid out and expended, and that he have thereof his execution &c.

Test John Gwinn Clk.