O Say Can You See

Negro Nan
against
Thomas Roberts and Zachariah Roberts

Memorandum, the Defendants in this cause by Gustavus Scott their Attorney sued out the State of Maryland's writ of Certiorari, the Tenor whereof ensues in the following words, towit:

The State of Maryland, To the Justices of Queen Anns County Court Greeting whereas Black Nan hath prefered a Petition to you our said Justices humbly shewing that she the said Nan is unjustly and unlawfully detained as a Slave by Thomas and Zachariah Roberts of Queen Anns County Planters and praying that a Subpena might Issue to compel the attendance of the said Thomas and Zachariah Roberts to answer unto her the Petitioner of and upon the premises and that the Petitioner might be discharged from servitude cta. which said Petition is still depending before you in our said Court as it is said, and we being desirous for certain Reasons that the said Record should by you be certified to us: Do command you that you send under your seals the Record of the Petition aforesaid and all the Proceedings thereon with all things touching the same into our General Court of the Eastern Shore of this State to be held at Talbot County Court House the second Tuesday of September next plainly and distinctly and in as full and ample as it now remains before you together with this writ, so that we may be able thereon to proceed and to do what shall appear to us of right ought to be done. Witness Robert Hanson Harrison Esqr Chief Judge of our said Court this twentieth day of April Anno Domini 1784.

Issued the 15th day of May 1784. James Earle Clk.

At which said day, towit, the said second Tuesday of September Anno Domini, One Thousand seven hundred and eighty four being the day of the return of the aforegoing writ the Justices and Clerk of Queen Anns County in compliance with the writ aforesaid made return thereof to the Court here with the following Record annexed, towit: Maryland, towit. At a County Court held for Queen Ann's County at Chester Mill in the said County the fourth Tuesday in March being the twenty third day of the same month and in the year seventeen hundred and eighty four, by the Commissioners and officers Authorized and impowered to hold the same Court, of whom were present.

Mr. John Brown
Mr. Clemt Sewell
Mr. Vachel Downes
Mr. Thomas M. Forman
Saml Ridgaway Esq, Shr'ff
Downes Clk

Black Nan prefer'd the following Petition, to wit:

To the worshipful the Justices of Queen Anns County Court.

The Petition of black Nan Humbly sheweth, that she the said Nann is unjustly and unlawfully detained as a slave by Thomas and Zachariah Roberts of Queen Anns County Planters your Petitioner therefore prays that a Subpena may issue forth with to compel the attendance of the said Thomas and Zachariah Roberts to answer unto your Petitioner of and upon the Premises and that your Petitioner may be discharged from servitude, and as in duty bound cta.

Rob. Wright Atty for Petitioner.
Nan, Petitioner.

On reading the above Petition, ordered by the Court that the same be granted and that Subpena issue forth with to compel the attendance of the said Thomas and Zachariah Roberts, according to the prayer of the same Petitioner, which was accordingly issued and the Sheriff of Queen Anns County make return thereon in the following words, towit, Summoned Saml. Ridgaway Shr'ff. Whereupon the same Thomas and Zachariah Roberts appeared in open Court and Recognized in Forty pounds current money each conditioned for the appearance of the said black Nann on the said third monday in May next to prosecute her said Petition for Freedom, and also for their appearance at the same (time)   time to Defend. The Court adjourns till the third Monday in May next.

Monday 17 May 1784. The Court met according to adjournment.

Present
Mr. John Brown
Mr. James Bordley
Mr. Clement Sewell
Mr. Vachel Downes

Thomas and Zachariah Roberts appears with Black Nann in open Court, according to the Tenor of their Recognizance, and was by the Court here Ordered to be discharged therefrom, and at the same time the same Thomas and Zachariah Roberts Recognized in the sum of Forty pounds current money each, conditioned for the appearance of black Nan, at the next General Court to be held for the Eastern Shore in the State of Maryland at Talbot County Court House, on the second Tuesday in September next to prosecute her Petition for Freedom; and also for their appearance at the same time and place to defend. The Court received a Certiorari to remove the Petition of black Nan for Freedom and the Record of the Proceedings thereon, and ordered that the same be transmitted under seal, to the next General Court to be held for the Eastern Shore in the State of Maryland. In Testimony that the foregoing is a true copy taken from the Records of Queen Anns County afd, I have hereto set my hand and affixed the public seal of the County afsd, this 2d day of September Ann: Dom: 1784.

(Queen Anns County Seal) Downes Clk

And now here at this day, towit, the said second Tuesday of September Anno Domini one thousand seven hundred and eighty four, comes into the General Court here as well the said Negro Nan by her attorney afd, as the aforesaid Thomas and Zachariah Roberts by their attorney aforesaid: Thereupon further process of and upon the Promises aforesaid between the Parties aforesaid, by consent of the said Parties and by order of the Court here thereon was continued until (the)   the second Tuesday of April then next following. At which said second Tuesday of April Anno Domini one thousand seven hundred and eighty four came the parties aforesaid by their attorneys aforesaid: Thereupon further process of and upon the Premises aforesaid, between the parties afd, by consent of the said Parties and their attorneys aforesaid, and by order of the Court here thereon was further continued until the second Tuesday of September then next following. At which said second Tuesday of September Anno Domini one thousand seven hundred and eighty five, came again the Parties aforesaid, by their Attornies aforesaid: Thereupon further process of and upon the premises aforesaid, between the Parties aforesaid by consent of the said Parties and their Attorneys aforesaid and by order of the Court here thereon was continued until the second Tuesday of April next following.

At which said second Tuesday of April Anno Domini, one thousand seven hundred and eighty six, came again the Parties aforesaid by their Attorneys aforesaid: There upon further process of and upon the Premises aforesaid between the Parties aforesaid, by consent of the said Parties and their attorneys afd and by order of the Court here thereon was further continued until the second Tuesday of September next following.

At which said second Tuesday of September Anno Domini, One thousand seven hundred and eighty six, came again the Parties afsd by their Attorneys aforesaid: Thereupon further process of and upon the Premises aforesaid, between the Parties aforesaid by consent of the said Parties and their Attorneys aforesaid, and by order of the Court here thereon was further Continued under notice of Trial until the second Tuesday of April next following. And now here at this day, towit, the said second Tuesday of April Anno Domini One thousand seven hundred and eighty seven, cometh as well the said Negro Nan by her attorney aforesaid as the said Thomas and Zachariah Roberts by their attorney aforesaid: Whereupon all and singular the Premises afd and the allegations and Evidences as well on the part and behalf of the said Negro Nan; as also on the part and behalf of the said Thomas and Zachariah Roberts being by the Court here seen heard and fully understood and mature deliberation thereupon had: (It)   It is considered by the Court here that the Petitioner is entitled to her Freedom and that thereof she be free liberated and discharged from the Custody and Possession of the said Thomas and Zachariah Roberts her Masters.

James Earle Clk.