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Nancy Queen
vs
Revd Charles Sewall
Be it remembered that on the 7th day of June Anno Domini 1794 Nancy Queen by Thomas Buchanan her attorney
The Petition of Nancy Queen humbly sheweth that your Petitioner is entitled to her freedom being the Descendant of of a free Woman named Mary Queen and is unjustly held in slavery by the Revd. Mr. Charles Sewall of Charles County aforesaid. She therefore prays your Honors to take her case into Consideration and release her from such unlawful servitude and she will pray &c
Th Buchanan for the Petitioner
Whereupon it is ordered by the Court here that the said Revd Charles Sewall do not remove the aforesaid Nancy Queen out of this county nor obstruct her from attending this Court from time to time in support of her petition for freedom against him the said Charles Sewall and in the mean time to feed clothe and use the said Nancy Queen well. And at the Prayer of the said Nancy Queen by her attorney aforesaid summons is ordered by the Court here to issue to the Sheriff of Charles County against the aforesaid Charles Sewall to answer the Petition aforesaid which accordingly issued in the words and figures following to wit, "Charles County to wit The State of Maryland to the Sheriff of Charles County Greeting, We command you that you summon the Revd Charles Sewall of Charles County that all excuses & delays set aside, he be and appear before the Justices of our next County Court to be held at Charles Town on the third Monday in August next to answer unto the Petition of Nancy Queen prefered against him for freedom Hereof he is not to fail and fail not at your peril and have there then this writ; Witness Michael Jenifer Stone Esquire Chief Justice of our said Court at Charles Town aforesaid the 5th day of April Anno Domini 1794.
Issued the 1st June 1794. (T. Buchanan) Jn B Turner Clk
At which said third Monday in August being the day of the return of the aforegoing writ comes into the Court here the said
her clothe and use the said Petitioner well— And the said Charles Sewall by his attornies aforesaid prays leave of the Court here to imparle until next Court and he hath it and the same day is given to the said Nancy Queen also.
At which said next Court to wit The third Monday in March Anno Domini Seventeen hundred and ninety five come again the parties aforesaid by their attornies aforesaid, and the said Charles Sewall by his said attornies as before Defends the complaint aforesaid when and where the said Court shall take the same into Consideration and prays further leave thereof to imparle until next Court and he hath it and the same day is given to the said Nancy Queen also.
At which said next Court to wit the third Monday in August Anno Domini Seventeen hundred and ninety five come again the parties aforesaid by their attornies aforesaid
At which said next Court to wit- The third monday in March Anno Domini Seventeen hundred and ninety six come again the parties aforesaid by their attornies aforesaid and the said Charles Sewell by his said attornies as before Defends the complaint aforesaid when and where the same Court Shall take the same into consideration. Whereupon this cause is by order of the court here and by and with the consent of parties continued until next Court.
At which said next Court towit. The third monday in August Anno Domini Seventeen hundred and ninety six comes again as well the said Nancy Queen by her attorney aforesaid as the said Charles Sewall by Francis Digges Walter Dorsey and William Kilty his attornies, and the said Charles Sewall by his said attornies as before defends the . . . . . Complaint aforesaid when and where the said Court shall take the same into Consideration and admitting that the said Nancy Queen descended from Mary Queen mentioned in the said Petition, says that the said Mary Queen the great grand Mother of the petitioner from whom by descent the petitioner claims her freedom always was a slave and this the said Charles is ready to verify with at that, that the said Mary was free as alledged by the said petition. And the said Nancy by her attorney aforesaid saith that the said Mary Queen was not a slave at the time of the birth of the issue of Mary Queen from whom the said Nancy is descended as the said Charles above in pleading hath alledged, and this the said Nancy prays may be inquired of by the Country andsoforth, and the said Charles doth the like &c. Whereupon for trying the issue aforesaid between the parties aforesaid above joined to be tryed by the country command is given to the Sheriff of Charles County that he cause to come beore the Justices of our County Court here immediately twelve &c by whom &c and who neither &c to recognize &c because as well &c and afterwards to wit. on the same third monday in August aforesaid the Sheriff of Charles County
Memorandum it is agreed by the parties aforesaid Plaintiff and Defendant respectively to release all Errors that may appear in the pleadings in this cause.
In the trial of this cause the chief Justice withdrew and before the Jurors aforesaid withdrew from the bar of the Court here the said Nancy Queen by her attorney aforesaid filed in Court here the following Bills of Exceptions, to wit.
Nancy Queen
vs
Revd. Charles Sewall
Petition for Freedom.
At the trial of this cause the Defendant Revd. Charles Sewall by counsels to maintain and support the issue on his part offered in evidence to the Jury the Deposition of Benjamin Duvall taken and filed in this cause. Benjamin Duvall aged eighty three years being sworn on the Holy evangels of almighty God deposeth and saith that he knew a negro woman belonging to James Carroll commonly called the Pappow Queen who came into this Country in a Vessel the name of the captain of which he Did not hear but thinks the Vessel came into West River and that the said Pappow Queen was Purchased as he this deponant always
her answers about fifteen or sixteen. that he never saw her after he lived with Madam Henderson— Being asked if he understood what became of the Poppaw Queen afterwards, answers that he understood that James Carroll gave her away or sold her a considerable distance off. Being asked if he remembers when his Father Bought his negro answers he does that he thinks he was about eight years old. Being asked how old he was when he left his fathers neighbourhood answers he was about twenty years old that he never Knew any of the Poppaw Queens Children but Ralph who it was said was her son. This deponent further saith that the Poppaw Queen said she was a Queen in her own Country. Being asked if he ever heard any Body say the Poppaw Queen was free or a slave says he never heard any Body say any thing about her, being asked why he thought the Vessel came into West River answers because his father was gone two days being asked if he ever heard that she came into West River answers he did not and further this Deponent saith not.
Sworn to this 13th day of September 1794.
Before Thos Duckett associate Justice
In Testimony that the aforegoing is a true copy taken from the original filed in a petition for freedom depending in
John Read Magruder Junr Clk of Prince Georges County Court
(Seal of Prince George's County Court)
And the Plaintiff by her counsel objected to that part of the deposition being read to the Jury which is included in the words and figures following to wit: "And Sarah aforesaid & the Pappaw Queen said a number of them died during the passage and were thrown over board and further said that they two were healthy being allowed to be on Deck and washed for the sailors and further said that one of the Pappaw Queens sisters came in with her and that two of her brothers were in the Vessel and died on the Passage" as competent and legal evidence to the Jury to support the issue on the part of the Defendant but the Court were of opinion and so directed the Jury that the said part of the Deposition might be read as evidence as to the Declarations of the Pappaw Queen but that the declarations therein mentioned to have been made by Sarah were not to be received in evidence, to which opinion and direction of the Court. The counsel for the Plaintiff prayed leave to except according to the Statute in Such cases made and provided and that they would sign and seal this his Bill of Exception which is accordingly done this fourth day of November Seventeen Hundred and ninety six—
Henry H Chapman (seal)
Henry Barnes (seal)
Nancy Queen
vs
Revd. Charles Sewall
Petition for Freedom —
In the trial of this Cause the Defendant by his counsel in order to support the issue on his part offered to read in evidence to the Jury empannelled and sworn to try the issue in this cause, the Deposition of Benjamin Duvall taken and filed in this cause Benjamin Duvall aged eighty three years being sworn on the Holy evangels of almighty God deposeth & Saith that he knew a negro woman belonging to James Carroll commonly called the Pappow Queen who came into this Country in a Vessel the name of the captain of which he did not hear but thinks the Vessel came into West river and that the said Pappow Queen was purchased as he this Deponant always understood
say that she was entitled to or had any pretentions to freedom that he Knew a Mulatto Boy named Ralph who was her son (as it was said) by Thomas Barm who kept her as a Mistress That he never knew any other woman in the family of James Carroll by the name of Queen that he was frequently at Fingal where James Carroll lived that he never heard any disputing between James Carroll and the aforesaid negro woman respecting her right to Freedom nor did he ever hear his father or any of his Brothers or Sisters say that they heard any such thing that James Carroll had not any other place of residence nearer
there frequently there Being asked if he ever saw James Carroll there answers he has frequently that James Carroll commonly called her his Poppaw Queen being asked what was the complexion of the Poppaw Queen answers she was Very Yellow being asked how old she was when he last saw her answers about fifteen or sixteen that he never saw her after he lived with Madam Handerson being asked if he understood what became of the Pappow Queen afterwards answers that he understood that James Carroll gave her away or sold her a considerable distance off Being asked if he remembers when his father Bought this negro answers he does that he thinks he was about eight years old. Being asked how old he was when he left his fathers neighbourhood answers he was about twenty years old that he never knew any of the Poppaw Queens Children but Ralph who it was said was her son This Deponent further saith that the Poppaw Queen said she was a Queen in her own Country. Being asked if he ever heard any Body say the Poppaw Queen was free or a slave says he never heard any Body say any thing about her being asked why he thought the Vessel came into west river answers because his father was Gone two days Being asked if he ever heard that she came into west River answers he did not & further this Deponent Saith not.
Sworn to this 13th day of September 1794.
Before Thos Duckett associate J
In Testimony, that the aforegoing is a true copy from ninety five
I have hereto set my Hand and affixed the seal of my office this twenty third day of September 1795.
John Read Magruder Junr. Clk of Prince Georges County Court
And the Plaintiff by her counsel objected to that part of it being in evidence which is contained and expressed in he following words towit, "This Deponent further saith he understood the aforementioned Sarah was a Mundingo Negroe and that the Pappaw Queen was not from the said county but from the Pappaw Country there being as he understood several different Countries from which negroes came such as the Golden Coast and others" as legal and competent evidence to support the issue on the part of the Defendant to which evidence so offered the Plaintiff by his counsel objected but the Court were of opinion the same was legal and competent to support the issue and directed the same be read to the Jury which was done to which opinion and direction of the Court, the Plaintiff by her counsel prayed leave to except according to the Statute in such cases made and provided, and that they would Sign seal and allow this his bill of Exceptions which is accordingly done this fourth day of November Seventeen hundred and ninety six.
Henry H Chapman (seal)
Henry Barnes (seal)
And Thereupon the aforesaid Nancy Queen by her attorney aforesaid prays an appeal from the Judgment aforesaid so as aforesaid rendered to the Honorable the Judges of the General Court for the Western Shore of the State of Maryland and the same is granted her.
It is therefore ordered that the record and proceedings between the parties aforesaid with all things thereunto relating be transmitted to the Honorable the Judges of the General Court aforesaid and the Same is hereby transmitted accordingly.
Test. Jno Barnes Clk