John and James v. Edward Harris. Judgement Record

 

Negroes John & James
against
Edward Harris

The Plaintiffs by Joseph H Nicholson their attorney impetrated the State's writ of Certiorari, by virtue of which said writ the following record was affiled on the 11th of Septr 1793, viz.

"N. John & James, Negroes
a
T. Edward Harris.

Petition for freedom.

Be it remembered that at a County Court held for Queen Anns County at Chester Mill in the said County on the third Monday in May in the year of our Lord one thousand seven hundred and ninety two, Joseph Hopper Nicholson Attorney for the Petitioners, presented to the Court then present, and filed the following Petition, to wit.

To the honorable the Justices of Queen Anns County Court. The Petition of Negroes John & James, humbly sheweth. That your Petitioners were sometime past brought into this State from the Town of Dover in the Delaware State, that your Petitioners are now held by the Edward Harris Esqr. as Slaves and do conceive themselves entitled by the Laws of the State of Maryland to their freedom. Your Petitioners therefore do humbly pray your honors to take their case into consideration, and to order Subpoenas to issue for their witnesses, and your petitioners will ever pray &ca

Joseph H Nicholson for Petitioners

Witnesses
Mr Thomas Harris of Q A County Thomas Hill Airey Dorchester County.

At which same Court, to wit, the third Monday in May in the year of our Lord One thousand seven hundred and ninety two, the aforesaid Edward Harris by William Tilghman his Attorney comes and defends the force and injury when and so forth, and prays leave of the Court here present to imparle thereunto at the next County Court to be held at Chester Mill in the County aforesaid on the second Monday on November then next ensuing. which said prayer is by the Court here allowed, and ordered that the same day by likewise given unto the Petitioners, who likewise have it, and so forth. At which same time, to wit The second Monday in November in the year Seventeen hundred and ninety two, the Parties afd by their Attornies aforesaid again comes before the Court here present and the said Edward Harris by his Attorney aforesaid again prayed leave further to imparle thereto until the next Court, and he hath it and the same day is likewise given to the Petitioners who also have it & soforth. At which same time, to wit, the third Monday in May in the year of our Lord One thousand seven hundred and ninety three then the Parties aforesaid by their Attorneys afd, again come. And the Petitioners by Joseph Hopper Nicholson their attorney produce to the Court here the State's writ of Certiorari which he prays the Court may allow. Whereupon the same Court after mature consideration do allow the same and order that a Transcript of the Record may be transmitted agreeably to the Command thereof. and which said writ of Certiorari is closed in these words following, to wit.

(Seal of the Gl Count for the E. S. of the State of Maryalnd.

"The State of Maryland Sct To the Justices of Queen Ann's County Court, Greeting: Whereas Negro's John and James hath prefered a Petition before you our said Justices humbly shewing that they the said John and James are unjustly and unlawfully detained as Slaves by Edward Harris of Queen Anns County, 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 you seals the Record of the Petition aforesaid and all the proceedings thereon, with all things touching the same to the Judges of our General Court, to be held for the Eastern Shore of this State, at Easton in Talbot County the second Tuesday of September next, plainly & 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 the Honorable Samuel Chase Esquire Chief Judge of our said Court the ninth day of April Anno Dom 1793.

Issued the 29th day of May 1793. (J H Nicholson) James Earle junr Clk:

Queen Ann's County towit. I do hereby certify that the within and aforegoing is a true Transcript from the Records of Proceedings of Queen Anns County Court. In Testimony where of I have hereto set my (Seal) Hand and affixed the Public Seal of Queen Ann's County afds this third day of September in the year of our Lord One thousand seven hundred & ninety three. Saml Wright Clk of Queen Anns County Court. At which said second Tuesday of September, in the year Seventeen hundred & ninety three, to wit the day of the return of the aforementioned writ of Certiorari, here came into Court as well the said Negroes John & James by their said Attorney, as the said Edward Harris by William Tilghman & Luther Martin Esquires his Attorneys and thereupon the process of & upon the premises afd between the Parties afd was continued by the court till the second Tuesday of April then next following & soforth.

At which said second Tuesday of April, to wit. in the year of our Lord Seventeen hundred & ninety four here came again into Court the Parties afd, by their Attorney afd, whereupon the Process upon the premises between the said Parties was further continued by the Court until the second Tuesday of September then next &c. And now at this day, towit. The said second Tuesday of September in the year year Seventeen hundred and ninety four, here come again into Court the Parties afd by their Attorneys afd; whereupon all & singular the Premises as well on the part & behalf of the said Plaintiffs as the Defendant being by the Court here seen, heard & fully understood and mature deliberation therein had, it is considered by the Court that the Petition be dismissed, and that the said Negroes John & James return to the service of the said Edward Harris their Master. Test James Earle junr Clk

Judgment rendered as above on the 13th day of September Anno Domini 1794.