O Say Can You See

 

Negro, William
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 to wit: The State of Maryland To the Justices of Queen Anns County Court Greeting: Whereas Black William hath prefered a petition to you our said Justices humbly shewing that he the said William 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 him the Petitioner of and upon the Premises and that the Petitioner might be discharged from servitude &c: 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 Record of the said Petition should by you be certified to us: Do command you that you send under your seals the Record of the Petition afd and all the proceedings thereon with all things touching the same into our General Court for 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 manner 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 Esquire chief Judge of our said Court this twentieth day of April Anno Domini 1784.

 

Issued the 15 day of May 1784. James Earle Clk

At which 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 afsd made return thereof to the Court here with the following Record annexed to wit: Maryland to wit, at a County Court held for Queen Anns County at Chester Mill in the said County on the fourth of 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. Clement Sewell, Mr. Vachel Downes, Mr. Thomas M. Forman. Saml. Ridgaway Shrff

Downes clk

Black William, prefered the following Petition, towit:

To the worshipful the Justices of Queen Ann's County Court

The Petition of black William humbly sheweth, that he the said William humbly is unjustly and unlawfully detained as a slave by Thomas and Zachariah Roberts of Queen Ann's County planters, your Petitioner therefore prays that a subpena may issue forthwith 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 her servitude, and as in duty bound cta.

Robert Wright atty for the Petitioner
William, Petitioner.

On reading the above Petition, ordered by the Court here, that the same be granted and that Subpena Issue forthwith 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 makes return thereon in the following words, towit, Summoned Saml Ridgaway Shr'ff, where upon the same Thomas and Zachariah Roberts appeared in open Court, and Recognized in Forty pounds current money, conditioned for the appearance of the said black William on the third monday in May next, to prosecute (his)   his said Petition for Freedom; and also for their appearance at the same 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 & Zachariah Roberts appear with black William in open Court according to the Tenor of their recognizance, and was ordered by the Court here 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 William 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 his 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 William 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 afsd, I have hereto set my hand and affixed the public Seal of the County afsd this 2d day of Septr Anno Dom 1784.

Downes Clk

Queen Ann's County Seal

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 William by his attorney afd, as the said Thomas and Zachariah Roberts by their attorney aforesaid: Thereupon further process of and upon the premises aforesaid between the (Parties)   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 then next following. At which said second Tuesday of April Anno Domini one thousand seven hundred and eighty five, came the parties aforesaid 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 until the second Tuesday of September next following.

At which said second Tuesday of September Anno Domini one thousand seven hundred and eighty five, came the parties aforesaid by their Attorneys aforesaid: Thereupon further process of and upon the Premises afsd between the Parties aforesaid by consent of the said Parties and their Attorney 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 the parties aforesaid by their attorneys afsd. Thereupon the said 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 September next following.

At which said second Tuesday of September Anno Domini One thousand seven hundred and eighty six, came again the parties aforesaid 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 continued 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, cometh as well the said Negro William by his 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 William   William; 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 is considered by the Court here that the Petitioner is entitled to his Freedom and that thereof he be free liberated and discharged from the Custody and Possession of the said Thomas and Zachariah Roberts his masters.

James Earle Clk