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Index
Joseph Wallingsford Plff in Error
agst.
Sarah Ann Allen for
herself & children
District of Columbia Sct.
At a Circuit Court of the District of Columbia begun and held in and for the County of Washington at the City of Washington on the fourth Monday of March being the twenty third day of the same Month in the year of our Lord one thousand eight hundred thirty five, and of the Independence of the United States the 59th.
Were Present
The Hon: William Cranch Chief Judge
Buckner Thruston
James S Morsell Assistant Judges
Alexander Hunter Marshall
William Brent clk
In the Record and proceedings of said Court among others are the following towit.
Sarah Ann Allen for herself & children
agst.
Joseph Wallingsford
Be it remembered that heretofore towit on the fourth day of August in the year of our Lord one thousand eight hundred and thirty four the said Sarah Ann Allen for herself and children by Francis S Key Esquire filed in Court here the following petition
To the Honorable the Circuit Court of the District of Columbia sitting for the County of Washington.
The petition of Sarah Ann Allen for herself and her three infant children namely Eliza Jane, Julia Maria & John Davy humbly sheweth That she and her children
F. S. Key for Petrs.
Thereupon Subpoena issued as prayed for returnable to the fourth Monday of November next.
At which said fourth Monday of March in November in the year of our Lord one thousand eight hundred and thirty four being the day to which said Subpoena was returnable comes here into Court the said Sarah Allen for herself and children by her said attorney; and the said Joseph Wallingsford being called appears in Court here by William L. Brent Esquire his attorney and offers to defend the said suit when and where the said Court shall take the same into consideration and for plea he says that the said petitioners are not entitled to their freedom as is alleged, and of this he puts himself upon his Country, and the said petitioners in like manner &c. Therefore let a Jury thereon appear before the Court here on the fourth Monday of Novem March next by whom &c. and who neither &c. to recognize &c. because as well &c. the same day is given to the said parties then and there &c.
And now towit the said fourth Monday of March in the year of our Lord one thousand eight hundred and thirty five come again into Court here as well the Petitioners
Test William Brent Clk
Mem: Before the Jurors aforesaid withdrew from the Bar of the Court
"On the trial of this cause the Petitioners to support the issue on their part offered in evidence a Deed of emancipation of the said Sarah Ann Allen by Rachael Wallingsford duly executed acknowledged and recorded a copy of which is hereto annexed and marked A. (copied in page 11.) to the admission of which deed in evidence the Defendant by his counsel objected, whereupon the Petitioners offered evidence to prove that the petitioner Sarah Ann is the person named in and intended to the emancipated by the said Deed, and that she was at the time of the execution of the said deed of emancipation residing with the said Rachael Wallingsford as her Servant and that the said Rachel was then and had been for eight or nine years residing in the City of Washington in the District of Columbia and acting in all respects as a feme sole, and was at times in circumstances of great poverty and distress; and that for all the time that the said Rachel resided in the said City previous to the said deed of emancipation the said Sarah Ann had been living with the said Rachel, or had been hired out by her as her slave and that the said Rachel had always received her wages when so hired, and applied the same to her own use, and had in all respects acted as the owner of the said Negro Sarah Ann.
The Defendant then offered evidence to prove that the said Rachel Wallingsford was, at the time of the execution of the said Deed, his lawful wife, and that the said Negro Sarah Ann was at the same time his slave and property.
That the said Rachel had for more than Ten years before the date of the said Deed of Manumission without reasonable cause abandoned his bed and board (he then residing on his plantation in Prince Georges County in Maryland) and wandered about sometimes residing among her friends and neighbours in Maryland and some times living by herself in Washington City in the District of Columbia. That she took with her, the said Negro Sarah Ann who was suffered by the Defendant to live with the said Rachel as her Servant he not intending to deprive the said Rachel, during her life of the service of the said Negro.
That the Defendant repeatedly requested the said Rachel to return and live with him as his wife, which she refused to do. That in the year 1827 he took possession of the said Negro in the City of Washington aforesaid as his slave, whereupon the said Rachel procured a warrant against his and caused him to be thereupon arrested and improved imprisoned in the said City of Washington for kidnapping upon which occasion the said Raphael Rachel made Oath that the said Negro Sarah Ann was her slave. That he was discharged from that arrest upon habeas corpus, and agreed to leave the petitioner with his said wife Rachel if she would not harass him any more and would give up the 120 Dollars a year which had been allowed to her for her
Whereupon the Petitioners offered evidence to prove that the said Rachel left her said Husband and refused to live with him because he had an illicit connection with a women of ill fame whom he suffered to live on his plantation. That she filed her Petition in the County Court of Prince Georges County in Maryland for a separate maintenance upon that ground, and that the Court allowed her 120 Dollars a year pendente lite. That the said Rachel at the time of her intermarriage with the Defendant brought him property of the value of Nine hundred Dollars including the Mother of the Petitioner who was born in the Family after the Marriage and had always waited on her Mistress until she left her Husband, and continued with
To which admission of the said deed in evidence, and to the said instruction so given to the Jury the counsel for the Defendant excepts and this his bill of exceptions is signed, sealed and ordered to be enrolled
W. Cranch (seal)
B. Thruston (seal)
Second Exceptions.
Whereupon the Defendant by his counsel prayed the Court to instruct the Jury that if they should believe from the evidence aforesaid (Vizt. the evidence stated in the first bill of exceptions) that Mrs. Wallingsford held the Petitioners by virtue of an agreement made between her and her husband, without the intervention of a Trustee; that said agreement is null and void and could give no power to Mrs. Wallingsford to manumit the slaves held by virtue of such an agreement. Which instruction the Court refused to give. to which refusal the Defendant by his Counsel excepted, and this his bill of exceptions is signed sealed and ordered to be enrolled
W. Cranch (seal)
B. Thruston (seal)
Third Exceptions
The Defendant by his Counsel then prayed the Court to instruct the Jury that if they should believe from the evidence aforesaid, that an agreement was entered into between Defendant & Rachel Wallingsford by which said Rachel was to have said Petitioners in lieu of being supported by him as his wife, yet if there was no covenant on the part of a Trustee, or some other one capable of contracting with said Husband that he should not be liable for the maintenance of said Rachel as his wife, the same is null. which instruction the Court refused to give, to which refusal the Defendant by his Counsel excepts and this his bill of exceptions is signed sealed and ordered to be enrolled.
W. Cranch (seal)
B. Thruston (seal)
Fourth Exceptions
The Defendant by his Counsel prayed the Court to instruct the Jury that if they should believe from the evidence aforesaid that an agreement existed between the Defendant and Mrs. Wallingsford, that he should transfer the Petitioners to her on condition that she should relinquish all claim to alimony against him, that then should the Jury believe from the said evidence, that she did not comply with this condition, and that she did prefer against him a subsequent claim for alimony, that then the said agreement cannot be enforced against the Defendant. Nor can he be deprived of any of his rights by virtue of said agreement which instruction the
W. Cranch (seal)
B. Thruston (seal)
Fifth Exceptions
The Defendant then prayed the Court to instruct the Jury that if they should believe from the evidence aforesaid that the Petitioners or any of them, at the time of the execution of the deed of manumission aforesaid were not able by their labor to procure for themselves sufficient food or raiment with other necessary requisites of life, then the said deed of manumission, as to them, or such of them was inoperative. Which instruction the Court gave; and also at the prayer of the Counsel for the Petitioners, further instructed the Jury, that if they should believe from the said evidence mentioned were of healthy constitutions and sound in mind and body, and that their Mother was capable by labour to procure to them sufficient food and raiment with other requisite necessities of life, and did maintain them, then such children are not under incapacity intended by the Maryland law. To which last mentioned instruction the Defendant by his counsel excepted and this his bill of exceptions is signed sealed & ordered to be enrolled.
W. Cranch (seal)
B. Thruston (seal)
True Copy
Test Wm Brent Clk
Manumission marked A. referred to in page 4.
To all whom it may concern. Be it remembered that I Rachael Wallingsford of Washington County in the District of Columbia for divers good causes and considerations me thereunto moving as also for and in consideration of the sum of one hundred and fifty Dollars current money to me in hand paid, the receipt whereof I do hereby acknowledge, have released from slavery liberated manumitted and set free and by these presents do hereby release from slavery liberate manumit and set free my Negro woman named Sarah Ann Allen aged about Nineteen years and her two female children Eliza Jan aged three years and Julia Maria aged five months, and them the said Sarah Ann Allen, Eliza Jane and Julia Maria, I do declare to be henceforth free manumitted and discharged from all manner of servitude or service to me my heirs executors or administrators forever.
In testimony whereof I have hereunto set my hand and affixed my seal this eighth day of September 1826.
Rachel Wallingsford (seal)
her x mark
signed sealed & delivered
in the presence of
C. H. Wiltberger
Wm Hewitt
Washington County District of Columbia Sct. On this eighth day of September 1826 personally appears Rachael Wallingsford party to the within instrument of writing before me the subscriber a Justice of the Peace in and for said County and acknowledges
Acknowledged before
Wm Hewitt
Petition referred to in page 7 as marked B.
Rachael Wallingsford
vs
Joseph Wallingsford
The Petition of Joseph Wallingsford Humbly represents to the Honl. the Judges of the County Court of Prince Georges County that great injustice has been done him by the the all the other proceeds of his labour, land and other property could upon an average, in the present times exceed $ Your Orator would further state that it is not true as alledged in the Petition of the said Complainant that he treated his said wife ill or drove her out of his house or home kept any other woman either white or black or yellow or of any other colour unlawfully or improperly in his house or family to the annoyance of his said wife but that his said wife became discontented and refused to live with him any longer and went off and left his bed and board without knowledge and entirely of her own will that after she had thus gone off he went to see her and told her that he wished her to come back and live with him and that if she would come back again and live with him nobody should interfere with her which she positively refused to do
Whereupon he determined to appeal from the decree of your honors in said suit for maintenance and accordingly did so with the effect of the said decree having been reversed by the Court of Appeals, your Orator will further state that upon the said information having been given him he did forthwith come to the conclusion that his said wife should not live apart from him if he could help it, as he could not hesitate in the choice to submit to her complaints and discontent and whatever other annoyance he might be subjected to by the acerbity of her temper rather than submit to utter ruin as he had a numerous offspring and was old himself and getting to be infirm and approaching the age of helplessness and infirmity. That thereupon he went to his said wife and requested her to go home and live with him, promising to be as kind to her as possible and to protect and maintain her at home and urging the necessity of her going home as it was utterly out of his power to afford her a Separate Maintenance as it was with the utmost difficulty that he could support his Family at home and assuring her that she should not be interfered with by any body. That nevertheless his said wife positively
H. Ashton for Petnr.
Maryland Prince Georges County towit
On this 14th day of April 1827 personally appears Joseph Wallingsford Party
Sworn before Clement T. Hilleary
Maryland, Prince Georges County Sct.
I hereby certify that the aforegoing Petition is truly taken and copied from the original filed in my office.
In testimony whereof I have hereunto subscribed my name and affixed the Seal of Prince Georges County Court this 8th day of January Anno Domini 1835.
Aquila Beale clk of P. G. County Court
And whereas afterwards towit on the Eleventh day of June in the year of our Lord one thousand eight hundred and thirty five the said Joseph Wallingsford by his attorney aforesaid produced and filed in Court here the United States Writ for the correcting of Errors of and upon the Judgment aforesaid directed to the Judges of the Circuit Court of the District of Columbia in the County of Washington; And in pursuance thereof and according to the form and effect of the law in such case made and provided, a Transcript of the Record of Proceedings of the Judgment aforesaid and all things thereunto relating with the Writ of Error aforesaid, and a Copy of the Appeal Bond hereto annexed are hereby transmitted to the said Supreme Court accordingly.
In testimony whereof I have hereto subscribed my name and affixed the Public Seal of the said Circuit Court for the County aforesaid this Seventh day of September 1835.
Wm Brent clk
Know all men by these presents, that we Joseph Wallingsford, John Stevenson and James Johnson of Washington County District of Columbia are held and firmly unto Sarah Ann Allen in the just and full sum of Twenty four hundred Dollars current money, to be paid to the said Sarah Ann Allen her executors administrators or assigns; to which payment well and truly to be made and done, we bind ourselves and each of us our and each of our heirs, executors and administrators jointly and severally, firmly by these presents, sealed with our seals and dated this eleventh day of June in the year eighteen hundred and thirty five.
Whereas lately at a Circuit Court of the United States for the District of Columbia, setting for the County of Washington, in a suit depending in the said Circuit Court, wherein the said Sarah Allen for herself and children Eliza Jane, Julia Maria & John Davy, were Petitioners, and Joseph Wallingsford was Defendant, Judgment was rendered against the said Joseph Wallingsford, and he having obtained a writ of Error and filed a copy thereof in the Clerks Office of the said Circuit Court, to reverse the Judgment in the aforesaid suit, and a citation to the said Sarah Ann Allen herself & children citing her to be and appear at a Supreme Court of the United States to be held on the first Monday of August next.
Now the condition of the above obligation is such, that if the said
Joseph Wallingsford (seal)
John Stevenson (seal)
James Johnston (seal)
Signed Sealed & delivered
in presence of
James Lynch
Approved W. Cranch
True Copy
Test Wm. Brent clk
United States of America, sct.
The President of the United States to the judges of the Circuit Court of the United States for the District of Columbia, sitting for the County of Washington, greeting:
Because in the Record and proceedings as also in the Rendition of the judgment of a plea which is in the said Circuit Court before you or some of you, between Sarah Ann Allen for herself & children, Eliza Jane, Julia Maria & John Davey Petitioners, and Joseph Wallingsford defendant, a manifest error hath happened to the great damage of the said Joseph Wallingsford as by his complaint appears. We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you if judgment be therein given, that under your seal, distinctly and openly, you send the Record and proceedings aforesaid with all things concerning the same to the Supreme Court of the United States, together with this writ, so that you have the same at Washington on the first Monday of August next, in said Supreme Court, to be then there held; and that the Record and proceeding aforesaid being inspected, the said Supreme Court may cause further to be done therein to correct that error, which of right and according to the laws and custom of the United States should be done.
Witness the Hon John Marshall Chief Justice of the said Supreme Court.
Issued the 11th day of June 1835.
W. Brent, clk
Circt Court. Dist Cola.
Coty of Washn
Sarah Ann Allen & Children
vs
Joseph Wallingsford
Writ of Error.
Filed 11 June 1835.
District of Columbia. Sct.
The United States of America, to
Sarah Ann Allen for herself and children, greeting:
You are hereby cited and admonished to be and appear at a Supreme Court of the United States on the first Monday of August next, pursuant to a writ of error filed in the clerk's office of the Circuit Court of the United States for the District of Columbia, in the County of Washington, wherein Joseph Wallingsford is plaintiff in error, and you are defendant in error, to show cause, if any there be, why the judgment rendered against the said Joseph Wallingsford as in the said writ of error mentioned, should not be corrected, and why speedy justice should not be done to the parties in this behalf.
Witness the Hon: William Cranch, chief Judge of the Circuit Court of the District of Columbia, this Eleventh day of June 1835.
Wm. Cranch:
Joseph Wallingsford
Pff in Er.
vs
Sarah Ann Allen & Children
Citation
Cited Sarah Allen & her three children
A Hunter
Marshal
Washington C.C.U.S.
No 79.
Joseph Wallingsford
Plff in Er.
vs
Sarah Ann Allen for herself & children
Filed Jan: 8 1836.
Affirmed with Costs
26th Feby 1836.