O Say Can You See

Be it remembered that on the nineteenth day of January in the year of our Lord one thousand seven hundred and ninety two. William Butler by Gabriel Duvall his Attorney, exhibited to the Judges of the General Court here in Court sitting his Petition for Freedom against Joseph Neale in the words and figures and of the tenor following to wit.

To the honorable the Judges of the General Court.

The Petition of William Butler, humbly sheweth, that he is held as a Slave by Joseph Neale of Charles County altho' he is intitled to his Freedom being descended from a free Woman whose name was Eleanor Butler. Your Petitioner is the Son of Henrietta Butler who was the daughter of Anne Butler, who was the dughter of Eleanor Butler aforesaid a free Woman. He therefore prays your honours to take his Case into Consideration and discharge him from the custody of the said Joseph Neale, and that summonses may Issue for his Witnesses and so forth.

G Duvall for Petr

Whereupon it is ordered by the Court here that the said Joseph Neale of Charles County do not remove the aforesaid William Butler out of this State nor obstruct him from attending this Court from time to time in support of his petition for Freedom preferred against him the said Joseph Neale and in the mean time to feed, cloath and use the said petitioner well. And at the prayer of the aforesaid William Butler by Gabriel Duvall his Attorney aforesaid Summons is ordered by the Court here to issue to the Sheriff of Charles County against the aforesaid Joseph Neale to answer the Petition which accordingly issues in the words and figures and of the tenor following to wit.

The State of Maryland Sct To the Sheriff of Charles County Greeting. We command you that you summon Joseph Neale of Charles County that all excuses and delays set aside He   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 William 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 29th day of December Anno Domini 1791. Issued the 19th day of January 1792.

(G. Duvall) Jno Gwinn Clk

At which said second Tuesday of May being the eighth day of the same month in the year of our Lord one thousand seven hundred and ninety two and the day of the return of the aforegoing writ, comes here into the General Court the aforesaid William Butler by Gabriel Duvall his Attorney aforesaid: And the Sheriff of Charles County to whom the said aforegoing writ was made and directed makes return thereof to the Court here thus endorsed, to wit, Summond James Simms Sheriff.

And the aforesaid Joseph Neale by John Campbell his Attorney comes and defends the Complaint aforesaid when and where the said Court shall take the same into Consideration and prays leave of the Court here to imparle hereunto untill next Court and he hath it; the same day is given to the said petitioner also. At which said next Court to wit the second Tuesday of October being the ninth day of the same month in the year of our Lord one thousand seven hundred and ninety two comes again here into the General Court as well the aforesaid William Butler by his Attorney aforesaid as the aforesaid Joseph Neale by his Attorney aforesaid. And the aforesaid Joseph Neale by his Attornies aforesaid as before defends the Complaint aforesaid when and where the Court will take the same into consideration, and prays further leave of the Court here to imparle hereunto untill next Court and he hath it. the same day is given to the said Petitioner also. At which said next Court to with the second Tuesday of May being the fourteenth day of the same month in the year of our Lord one thousand seen hundred and ninety three comes again here into the General Court as well the aforesaid William Butler by his Attorney aforesaid as the aforesaid Joseph Neale by his Attorney aforesaid. And the aforesaid Joseph Neale by his Attorney aforesaid as before defends the Complaint aforesaid when and where the Court shall take the same into Consideration, and prays further leave of the Court to imparle hereunto untill next Court; and he hath it; the same day is given to the said Petitioner also. At which said next Court to wit the second Tuesday of October being the eighth day of the same month in the year of our Lord one thousand seven hundred and ninety three comes again here into the General Court as well the   the aforesaid William Butler by his Attorney aforesaid as the aforesaid Joseph Neale by his Attorney aforesaid Whereupon the aforesaid William Butler by his Attorney aforesaid, files in Court here the following Depositions to wit.

William Butler
vs
Joseph Neale

Joseph Butler a free man of Colour aged about fifty one years and upwards, being sworn on the Holy Evangely of Almighty God deposeth & saith that the Petition Thomas is the Son of Elizabeth Butler who was the daughter of Eleanor Butler, which said Elizabeth and Eleanor this Deponent well knows 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 she 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 Jezreel 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 Jezreel 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 Jezreel Penn, & George who has petitioned against Jezreel Penn are Sons of the said Sarah who petitioned against the aforesaid Jezreel 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 Ann 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 saith not. Sworn to this 22th day of December 1791 before the Subscriber one of the Justices of Anne Arundel County. Allen Quynn.

Charles County Sst June 1st 1793 This day was taken the Deposition of William Clements Senr of said County aged about eighty five years, at the request of Negro William the property of Mr. Joseph Neale of Charles County, William Clements Senr being sworn on the Holy Evangels of   Almighty God, saith that about seventy seven or seventy eight years ago, he this Deponent well remembers a Woman living in the County aforesaid by the name of Eleanor Butler, commonly called Nell or Nell Butler who had a Husband by the name of Charles then a Slave to old John Sanders. That the said Nell Butler had a daughter by the name of Nancy and this Deponent well remembers was a Mulatto. That Ignatius Boarman who was son in Law to the aforsaid John Sanders upon his leaving his said Father in Law John Sanders, took with him the said Mulatto Nancy then a young woman, in part of his Estate, as this Deponent understood and further this Deponent saith not. Signed Wm Clements

Taken and acknowledged before the Subscriber one of the Justices of the peace for Charles County this 1st day of June 1793. Wm H. McPherson.

William Butler
against
Joseph Neale

Petition for Freedom in the General Court. The Deposition of Henny Butler aged sixty seven years, or thereabouts, being sworn on the Holy Evangely of Almighty God deposeth & saith that she knows the Petitioner William Butler now here present and she has known him ever since he was a child, and she knew his Mother Henny Butler before she had a child; the said Will was born in the Family of William Neale of Charles County, and the Deponent has been informed by his Mother Nelly Butler, that Henny Butler the Mother of Will, was daughter of Nanny and Grand daughter of old Nell Butler a white woman; and she always understood from her Mother that Henny the Mother of Will was daughter of Nanny and Grand daughter of Nell Butler a white woman and she has understood that William Neale got the said Henny by his Wife whose Maiden Name was Pyle, to whose Father Henny had formerly belonged; That she the Deponent knew her ever since she lived with the aforesaid William Neale and that she was a young woman when she came to live with said Neale; That the Deponent was born at Raphael Neale's in Cob Neck in Charles County.

Sworn to this 6th day of June 1793 before J Bullen.

And thereupon the aforesaid Joseph Neale by his Attorney aforesaid as before defends the Complaint aforesaid when and where the Court shall take the same into consideration into consideration and prays further leave of the Court to Imparle hereunto until next Court; and he hath it; the same day is given to the said Petitioner also

At which said next Court towit the second Tuesday of May being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety four comes again here into the General Court as well the aforesaid William Butler by his Attorney aforesaid as the aforesaid Joseph Neale by his Attorney aforesaid: And the aforesaid Joseph Neale by his Attorney aforesaid as before defends the Complaint aforesaid when and where the Court shall take the same into Consideration, and prays further leave of the Court to imparle hereunto untill next Court, and he hath it: the same day is given to the said Petitioner also And now here at this day to wit, the second Tuesday of October being the fourth day of the same month in the year of our one thousand seven hundred & ninety four come again into the General Court here the parties aforesaid by their Attornies aforesaid. Thereupon by consent of the parties aforesaid, all and singular the premises, being by the Court now here seen and fully understood, and mature deliberation being thereupon had, It is considered by the Court here that the said William Butler the petitioner aforesaid be hence freed, and discharged of and from the service of the aforesaid Joseph Neale and that he the said William Butler the petitioner aforesaid, go thereof without day &c It is also considered by the Court here that the said William Butler the petitioner recover against the aforesaid Joseph Neale the quantity of 606 pounds of Tobacco by the Court here unto him the said William Butler the petitioner aforesaid on his Assent adjudged for his costs and charges by him about his prosecution of the petition aforesaid in this Behalf laid out and expended And that he have t hereof his execution against the aforesaid Joseph Neale &c

Test John Gwinn Clerk