O Say Can You See

Be it remembered that heretofore to wit, one the Thirtieth day of May in the year of our Lord one thousand seven hundred and ninety two; Hannah Hawkins for herself and her six children, Mary, Anne, Hannah, Daniel, Silla and Peggy by Gabriel Duvall her attorney preferred and filed in the General Court here, her petition for Freedom against Sarah Disney, which is in form following to wit.

To the honourable the Judges of the General Court. The petition of Hannah Hawkins humbly sheweth, that she (together with her six Children, Mary, Anne, Hannah, Daniel, Silla, Peggy) is held in slavery by Sarah Disney of Ann Arundel County and she is advised that they are entitled to their freedom, being decended from a free woman. she therefore prays your honours   (the premises be considered) to discharge them from the further service of the said Sarah Disney, and that summons may issue for the said Sarah Disney to answer unto this petition and she will pray and so forth.

G. Duvall for Petnr

Whereupon, in pursuance of the rule and order of the Court here in such case made on the day of preferring and fileing the said Petition the said Hannah Hawkins for herself and her six Children aforesaid by her attorney aforesaid prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said Sarah Disney directed to the sheriff of Anne Arundel County in form following to wit

The State of Maryland Sc. To the sheriff of Ann Arundel County, Greeting. We command you that you summons Sarah Disney late of Ann Arundel County that all excuses and delays be set a side she be and appear before the Judges of our General Court to be held at the City of Annapolis on the second Tuesday of October next, to answer the petition of Hannah Hawkins and her six children, Mary, Anne, Hannah, Daniel, Silla, and Peggy, prefered against her for freedom. Hereof she 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 25th day of May Anno Domini 1792.

Issued the 30th day of May 1792. G.D. Jno Gwinn Clk.

At which said second Tuesday of October being the ninth day o 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 Hannah Hawkins for herself and here six Children aforesaid by her attorney aforesaid and the sheriff of Anne Arundel County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed to wit.

Summoned. William Goldsmith Sheriff.

Whereupon, comes into the General Court here the said Sarah Disney   Disney by Philip Barton Key her attorney, and on motion of the said Hannah Hawkins for herself and her six children aforesaid by her attorney aforesaid it is ruled by the Court here that the said Sarah Disney enter into a Recognizance to the State of Maryland in the usual form in such cases made and provided. Whereupon a certain James Disney of Anne Arundel County comes into Court here in his proper person, and acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of two hundred pounds Current money, to be levied of his body goods and Chattels, lands and tenements, to and for the use of the said State of Maryland, on Condition that the said Hannah Hawkins and her six children or either of them out of the said State of Maryland nor obstruct the said Hannah Hawkins from attending this Court from time to time in support of her petition for Freedom exhibited on behalf of herself and her six Children aforesaid, in the said Court against the said Sarah Disney and in the mean time to feed cloath and use her the said Hannah Hawkins and her six children aforesaid well, and pay whatever satisfaction the Court shall adjudge for the services of the said Hannah Hawkins and her six children aforesaid from this Term to the time of the Judgment with costs.

Thereupon further process of and upon the premises aforesaid, between the parties aforesaid by order of the Court here is continued 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, and soforth.

At which 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, come again into the General Court here as well the said Hannah Hawkins for herself and her six children aforesaid by her attorney aforesaid as the said Sarah Disney by her attorney aforesaid and the said Hannah Hawkins for herself and her six children aforesaid by her Attorney aforesaid files in Court here the Depositions of Eleanor Stevenson and Eleanor Barnes which are in form following towit

Hannah Hawkins and her Children
Against
Sarah Disney

Petition for freedom in the General Court.

The deposition of Eleanor Barnes of Anne Arundel County aged twenty nine years being sworn on the holy Evangely of Almighty   Almighty God deposeth and saith that she has lived a near Neighbour for nearly two years to Mr Sarah Disney the defendant in this cause, and saith that the said Sarah has at several different times informed the deponent since her acquaintance with her, that the mother of Hannah the petitioner who is now present was a free woman, free as the deponent is, and that she could take no rest, and could not die easy untill she set them at their liberty for that they had a right to be free, but her children would not let them go. She further saith that the said Sarah Disney the defendant informed the deponent that the mother of Hannah had a son younger than Hannah and who was sucking at his mothers Breast when her husband William Disney bought them, the said Hannah and her brother whose name the deponent has heard was Sharper, and that he is now a freeman in Calvert County, and she further informed the deponent that they were bought by her said Husband to serve him untill they come of age; that they were brought in a vessel from new England with their mother who was a sickly woman, and sold, (without the mother) to the defendants Husband; that he bought them when young as aforesaid and when he brought them home she asked him why he bought two such young things, to which he answered that he gave but a mere trifle for them and bought them only until they came of age and did not buy them for life and took them for pity's sake or charity's Sake or Words to that effect. she further told her that the mother died soon after somewhere in the Neighbourhood. This the said Sarah Disney has repeated several times to the deponent of her own accord and seemed to be very uneasy on account of her Children's refusing to let them them have their liberty.

Sworn before me this 20th May 1793. Allen Quynn.

The deposition of Eleanor Stevenson a free mulatto woman born free and living with Major Snowden of Anne Arundel County aforesaid about fifty one years deposeth and saith being first duly sworn in the Cause aforesaid saith that she has heard Sarah Disney the defendant several times Cry and say that she could have no rest and could never die easy untill Hannah the Petitioner and her Children were   were free; for that her husband had bought them to serve until they come of age and not for life, and that they were free, but her children would not agree that they should be free.

Sworn before me this 20th May 1793. Allen Quynn.

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 and so forth.

At which said second Tuesday of October being the Eighth day of the said month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Hannah Hawkins for herself and her six Children aforesaid by her attorney aforesaid, as the said Sarah Disney by her attorney aforesaid. Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here, is further continued untill the second tuesday of May next; the same day is given to the parties aforesaid, then and so forth.

At which said second Tuesday of May being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Hannah Hawkins for herself and her six Children aforesaid by her attorney aforesaid, as the said Sarah Disney by her attorney aforesaid: And the said Hannah Hawkins for herself and her six Children aforesaid by her attorney aforesaid files in Court here the Deposition of Ennion Williams, which is in form following to wit.

Hannah Hawkins
against
Rachel Disney

Petition for freedom in the General Court Ennion Williams of Anne Arundel County, aged about thirty eight years being one of the People called Quakers did solemnly truly and sincerely declare and affirm that he has known Eleanor Barnes a witness sworn in this cause about ten years, that during the space of two years the husband of the said Eleanor Barnes was employed by this affirmant when they lived very near him, and he never heard any thing against the Character of the said Eleanor Barnes; that she appeared to conduct herself with propriety, and he thinks deserving of Credit. Affirmed before me this 15th May 1794. Allen Quynn.

Thereupon   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, and so forth.

At which said second Tuesday of October being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four, come again into the General Court here as well the said Hannah Hawkins for herself and her six Children aforesaid by her attorney aforesaid, as the said Sarah Disney by her 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 and soforth.

At which said second Tuesday of May, being the twelfth day of the same month in the year of our Lord one thousand seven hundred and ninety five; 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 and so forth.

And now at this day to wit, the said second Tuesday of October being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety five come again into the General Court here as well the said Hannah Hawkins for herself and her six children aforesaid by her attorney aforesaid, as the said Sarah Disney by her attorney aforesaid; And the said Hannah Hawkins for herself and her six children aforesaid by her attorney aforesaid files in Court here the several Depositions in form following to wit.

Richard Disney of Anne Arundel County of the age of seventy seven years being sworn on the holy Evangils of Almighty God, deposeth and says, That he remembers the Petitioner Hanah was a little Girl and bought out of a Vessel as he always understood and heard by his Nephew William   William Disney now dead who was the husband of Sarah Disney the defendant, This deponent has often heard and always understood that the said Hanah was bought as a slave, as other negroes usually are, and this deponent never heard untill about the time of the present Petition or a little before anything to the contrary. This deponent knows that his nephew William Disney always claimed and possessed the said Hanah as a slave, and that after the death of said William his wife Sarah claimed and possessed Hanah and her Children as slaves, and gave them as slaves to her children. This deponent has understood that Mrs Sarah Disney changed her religion and became a Methodist two or three years ago, and since that time this Deponent has heard of a claim of said Hannah to be free but this deponent in the course of a very intimate acquaintance with the family of his Nephew William for forty years, never heard of any claim of the said Hanah to her freedom before Mrs Sarah Disney changed her Religion. Sworn to this 19th day of Octo 1793. Before me, James Maccubin

Hannah Hawkins
against
Sarah Disney

Joshua Barry in the 20th year of his age being sworn on the holy Evangely of Almighty God deposeth and saith, that about two months ago he was at the plantation where Mrs Disney the defendant lives, and in conversation with her she told him that when the petitioner was small and was offered for sale at the Inspection house point, one Daniel Brooke went down to the Vessel and asked the old woman (who was the petitioners Mother if she and her Children were to be sold, and she answered no she was not to be sold, as Brooke told her, he then returned to William Disney's (the defendants husband) and William Disney asked him where his two little negroes were; he answered he was not going to buy free negroes, and said she (Hannah's mother) and her children were as free as he was That a few days afterwards William Disney went down and bought the Children, the old woman was gone; William Disney brought them home and in two days afterwards Joseph Howard came over and asked William Disney why he bought those two negroes and said they were free, and as the new England Vessels were going backwards and forwards they would be known and taken away; William Disney answered, may be no, they will soon grow   grow out of knowledge and no one will know they had free parents. The deponent being asked if he knows Eleanor Barnes sworn in this cause, answers he does. Being asked her general Character, answers he does not know much about her, but believes she keeps low company; and says he has seen Negroes at her house and laughing and talking with her and he has seen them setting on her bed. And he further says that as he was comming from Mill about a month ago he stopped at Eleanor Barnes's house and she asked the deponent if Hannah had come home, he answered no, and asked her if she had been to Court and was sworn, she answered yes; he then asked her what she had sworn and she replied that she had sworn that Mrs Disney had told her that she would have set her negroes free long ago had it not been for her Children he then went on and when he got home he related to Mrs Disney what had passed, and she said she did not say so, and if Eleanor Barnes had sworn that, she swore false. Being asked if he knew what negroes he had seen at Eleanor Barnes's answers they were the forge negroes and on Sundays he had seen Strange Negroes but did not know to whom they belonged. Being asked if Eleanor Barnes lives on Land which belongs to the Messrs Snowden's answers she does This deponent says that he did not understand from Mrs Disney that she was present or not when the conversation passed between her Husband and Howard above related, and that Mrs Disney was in a great passion at the time she mentioned this conversation. That Mrs Disney, is a Queer old woman she will say one thing to day, and if affronted another tomorrow.

Sworn to before me this 24th Octo 1793. James Mackubin.

Hannah Hawkins and others
against
Sarah Disney

Ennion Williams of Anne Arundel County aged thirty eight years being one of the people called Quakers, and being called on to declare his knowledge of this dispute did solemnly declare and affirm that some time in last month he in conversation with the defendant Sarah Disney heard her say that the mother of the Petitioner Hannah Hawkins was a free person and died as such; and that when they were brought from New England into the neighbourhood for sale, Daniel Brookes one of the Neighbours said he would not buy   buy them for they were free; and she said that she the said Sarah Disney had never denied them their freedom; and mentioned at the same time that she had understood that Joshua Barry a young man had testified to the contrary; and further he saith not.

Affirmed before me this 22 October 1794. Allen Quynn.

Hannah Hawkins and her Children
against
Sarah Disney

The Deposition of Stephen Nicholson aged thirty six years being sworn on the holy Evangely of Almighty God in this cause saith that he has heard that old Daniel Brookes who lived near south river Chruch in Anne Arundel County many years ago, and before William Disney the late husband of the defendant bought Hannah the petitioner went to Hannah's mother Quash Hawkins to buy Hannah and Sharper he brother, and Brooks asked Quash the mother if she would sell her two Children for life, and she answered no, she would not, the said Brookes returned and would not buy them and went to the house of William Disney aforesaid and told Disney of the circumstances and that he would not buy them as they were not to serve for life and were to be free at twenty one years of age; that the said William Disney went down and bought them both, and when he bought them home his brother asked him his reason for buying the Children as they were to serve no longer than until they were twenty one years of age; he replied he did not care as he gave but a trife for them. Being asked of whom he heard such conversation, answers he does not remember, but that he has frequently heard the same over and over again from white people; and he has heard Sarah Disney the defendant say she wished they could be free, and when it come to the point she would put in a good word for them; and he further saith that he has heard in the neighbourhood that Sarah Disney the defendant has said that Hannah was free, but that she could not set her free, for if she did the Children would fall upon her for the Estate that had been wasted, but he cannot recollect the persons of whom he had this information; and he also says that he has always understood that the said Negroes were bought and sold at the inspecting house Point on South river and that they were brought there by water This Deponant doth not know that Quash Hawkins was the mother of Hannah and Sharper, but hath heard so and he believes the said Quash Hawkins to have been a negro woman and   and this deponant knoweth nothing of the Petitioners right to Freedom, but from flying reports. Sworn to before me this 22d October 1792. Jno Brice.

Stephen Nicholson being again sworn in the presence of the Counsel on both sides, saith that about ten years ago he heard Mrs Disney the defendant and her daughter Rachel say that Daniel Brookes went to Hannah's Mother, Quash Hawkins to buy Hannah and Sharpe her brother, and asked Quash if she would sell them for life to which she answered that she would not. upon which Brookes returned and would not buy them, and that he went to the house of William Disney and told him of the circumstances; that the said William Disney went down and bought them both, and when he brought them home his brother James asked him the reason why he bought them as they were to serve no longer than until they were twenty one years of age, he replied he did not care as he gave but a trifle for them. This he has heard from them often and first about ten years ago which was about two years after he was acquainted in the Disney family.

Sworn before me this 14th October 1795. Allen Quynn.

Hannah Hawkins
against
Sarah Disney

Petition for freedom in the General Court. Sarah Ward a free Mulatto woman as said of Anne Arundel County aged between forty and fifty years being sworn on the holy Evangely of Almighty God to testify the truth of her knowledge in in this cause deposeth and saith that when she was a young woman she went to the house of William Disney husband of the defendant Sarah Disney, the day after the said William Disney had bought and brought home two small negro children, Hannah the Petitioner and her brother, as he informed the deponent and West Burgess brother in Law of said William Disney was there, and asked said Disney why he bought two such small Children that would be of no service to him, he answered that he gave but a trifle for them as they were free born, and as soon as they came of age he should discharge them; upon which his wife murmured; he told her he had bought them and should keep them until they were of age, and then should discharge them as they were free this deponent thinks she was about 12 or 13 years old at the time the above conversation passed between her   her and Mr Disney. J Bullen.

Whereupon all and singular the premises aforesaid between the Parties aforesaid by the Court here being seen heard and fully understood, and mature deliberation thereupon had, for that it appears to the Court here, that the said Hannah Hawkins the Petitioner aforesaid and her six Children Mary, Anne, Hannah, Daniel, Silla and Peggy are entitled to their Freedom, being descended in the female line, from a Free woman, as she the said Hannah Hawkins for herself and her six children aforesaid by her said Petition to the Court here hath alledged; Therefore it is considered by the Court here that the said Hannah Hawkins the Petitioner aforesaid and her six Children Mary Anne, Hannah Daniel, Silla and Peggy be free and discharged of and from the service of the said Sarah Disney, and that she the said Hannah Hawkins the Petitioner aforesaid and her six Children aforesaid go thereof without day and so forth: It is also Considered by the Court here, that the said Hannah Hawkins the Petitioner aforesaid for herself and her six Children aforesaid, recover against the said Sarah Disney the quantity of two thousand one hundred and nine pounds of tobacco by the Court here unto her the said Hannah Hawkins for herself and her six Children aforesaid, on her assent adjudged for her costs and charges by her about the prosecution of her petition aforesaid laid out and expended, and that she have thereof her Execution and so forth.

Test John Gwinn Clk.