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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
To all whom
these presents shall come greeting J. Josias
Wm Dallam of Harford County in the State of
good causes and considerations me thereunto moveing do hereby
Declare free manumit and enfranchise the negros following to
wit Cromwell. to be free at the expiration of
at the expiration of four years, Orange at the Expiration of five
years Lemon at the Expiration of Eleven years
Expiration of Thirteen years Nance at the Expiration of Fifteen
years Sook at the Expiration of Seventeen years from the Date of
this my
on that my Desend from said Negroes and be born in Slavery from
the Date hereof Shall be free at Twenty three years of age hereby
acknowledgeing the said Negros Discharged from all claim of
service and Right of Property whatever from me my heirs Execu-
tors administrators at the Periods above specified as witness
Lord one thousand seven hundred and eighty seven
On the
year of our Lord 1787
one of the Justices of the peace for the County aforesaid Josias Wm
Dallam Party to the within Instrument of writing who acknowl
edged the said instrument to be his act and deed and the signature
and seal thereto annexed to be Respectively his
Received to be recorded the
and examined by
I hereby certify that the within and foregoing is truly
Transcribed from Liber S. L G.
the Land Record books of Harford
I Stevenson
Judge of the Sixth Judicial District of
aforegoing attestation of
Clerk of Harford
due form & by the proper
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I hereby Certify that
who has signed the within and foregoing certificate
was at the time of So doing Presiding Judge of
the Sixth Judicial District of
of
and sworn
Cost $ 0.53 3/4
Conelius Flim
5.53
3.00
1.00
87
10.40
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The petition of
color by
liam
that the said
March in the year one thousand seven hundred
and eighty seven
sion by which he emancipated the said
at the expiration of thirteen years from the date of
said deed with the provision in said deed that
all the children or childrens children that might
deseend from said
after the date of said deed should be free at twenty
three years of age. Your petitioner represents that
her mother named Grace was the daughter of
the said
petitioner was born about the month of
and
had passed the age of twenty three years. your
petitioner further states that the said Grace is now
in the enjoyment of her liberty but that your petition-
er is
the county of
as his property having obtained your petitioner
as the property of his wife who is the daughter of
the said Jusias
petitioner prays that she may he permitted to sue
as a poor person to recover her freedom and that
counsel be assigned her according to law and
Teste
This day personally appeared
before the undersigned a justice of the peace of
county Grace
upon her oath says that the
giving petition she belives to be true
On the foregoing petition it is ordered that
person to establish her freedom and that
ble be assigned as petitioners counsel. It is also
ordered that the petitioner have reasonable
liberty of attending her counsel and the court
when occasion may require and that she be
not removed out of the jurisdiction of the Circuit
court of
severity because of her application for freedom
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
colour by
plains of
For That the said defendant
on the
dred and thirty four
County
upon the
then and there did beat
and did then and there imprison the said
plaintiff and
-ed the said plaintiff in prison and in
and
the said grievances and from
and other wrongs to the said plaintiff then
and there did to the great damage of the
said plaintiff and against the peace and dignity of the state and the said plaintiff
We command you to summon
court at the next term there of to be held at the city of
the fourth monday of July instant this and there to answer unto
of a plea of trespass
dollars and have you then there this
On the foregoing petitioned it is ordered that
to establish her freedom and that
the petitioner have reasonable liberty of attending her counsel and the court when occasion may require and
that she be not removed out of the
severity because of her
Executed this
city of
and
him
of the order of the
This is an action of
false
to recover freedom
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said
defendant, by
force
wrongs &
& form as the said Lemman has above in her
declaration alleged, and of this he puts himself upon
the Country.
And for a further plea in this behalf the said
defendant says that the said Lemman ought
not to have
him,
free person, in
Lemman has above in her declaration
county
vs
Pleas - 1. not
2d. pltff a slave.
Judgment for plff - Book 8 page 41
Bill of exceptions - 48
Dismissed book 9 - page 52
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it remembered that on the trial of this
cause, the same being submitted for trial to the court, nei-
ther party requiring a
the following acts of the legislature of
"An act to
being set free on the
last will or testament" made at a
began that at the
"An act to continue the act of
mentioned "made at a
at the City - of Annapolis to the
act of the legislature of
are not herein set forth, it being
of
same advantage had
rated in this bill - the
in evidence with its authentication there on endor-
sed,
cated copy from one of the
ford County in the state of
writing fits - authentication are in the words of figures
following (here
the Deft by his council objected but the Court
ruled the objection & permitted the same to be read,
to which the defts by him counsel excepts.
The plff: then read in evidence said paper con-
tring fits - authentication &
one of the
the mother of Grace who is the mother of the
fits was admitted that
pointed for her liberation is said paper writing
has
taining
papers the age of twenty three years and that the defendant held the plaintiff in slavery at the commencement of this suit. There being
other evidence on either
upon the case made the plff: was not entitled
to freedom but the court refused so to decide &
decided that upon the case made the plff: was
entitled to freedom, to which decision the Deft. by
his councel excepts -
Lemman Sutton
vs
Bill of Exceptions
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Suits for freedom
There three cases having been decided
in
in them all,
facts & principles, it is agreed by the parties that
one of the cases shall he taken up to the
of the
up, and judgments entered in this court
accordingly
Dutton's
vs
Paca
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Error to
Now at this day come again the parties aforesaid by their attornies
and the Court here being now sufficiently advised of and concerning the premises, do
consider that the judgment aforesaid in form aforesaid by the said
be reversed and for nought held and esteemed and it is further considered that the said
cause be remanded to the said
formity with the opinion of this Court herein delivered, and that the said defendant in error
recover of the said
about his defence against said writ of Error in this behalf expended and that he
have thereof execution. / So much of this entry as adjudges costs against the defendant
in error is rescinded. M. McGirk president of the Court
Opinion delivered by
the colonial legislature of
slaves of a certain description to set them free under certain restrictions that on or about
the year
defendant in error as a slave and that said
and seal attested by one witness and duly recorded emancipate said grandmother
to take effect in future and that by said deed the mother of the defendant in error
also became free according to the terms of said deed and the defendant in error also
claims by said deed to be free the defendant in error had a judgment of freedom
in the
On the trial the plaintiff in that Court offered in evidence a certified copy of the
deed of emancipation which was objected to by the dependant. the Act of the
legislature provides that the deed of emancipation shall be recorded in the office of the
clerk of the
evidence of the fact of Emancipation. the first objection made to receiving this copy is
that it is not the best evidence the nature of the case admits of and that the original
alone in this case will suffice the defendant in error replies to this the 1st Sec. of the
each State of the public acts records and judicial proceedings of every other State
and the congress may by general laws prescribe the manner in which such records
and proceedings shall be proved and the effect thereof and also the Act of Congress
of the
after the passage of all records and exemplifications of office books which are or may
be kept in any public office of any state not appertaining to a Court shall be proved
or admitted in any other Court &c on being authenticated in a certain way. The Act
after some other regulations as to the authentication proceeds to declare that the
said records and exemplifications authenticated as aforesaid shall have such faith
and credit given to them in every Court and office within the
have by law or usage in the Courts or offices of the State from whence the same are
or shall be taken" it appears to us there is according to this Act of
room for dispute the
dence of the fact of Manumission the copy must have the same effect here if it
be duly authenticated. Let us now proceed to enquire whether the copy is so authen-
ticated that it can be received in evidence. there is no objection made to the first
certificate of the Clerk by which he testifies that the paper is a perfect copy. the Clerk
certifies as the Clerk of Hartford
as follows, to wit.
the sixth Judicial district of
hereby certify that the foregoing attestation of
I certify that Steven
was at the time of so doing presiding Judge of the sixth Judicial District of
and Sworn it is objected by the Counsel for Paca that these certificates do not
pursue the act of congress it is argued by Mr
certificate of the Judge should in itself contain an afffirmation that the Judge
was presiding judge of the
of the Clerk as to the official character of the judge should affirm that the judge is presiding
Judge of Hartford
clerk when he comes to certify as to the official character of the Judge that the judge is pre-
siding Judge or Justice of the Court of which he is Clerk this has not been done but the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Certificate affirms that
and Hartford Counties without saying he is presiding Judge of any Court whatever. the Act
says the certificate of the Clerk or keeper of the Record shall be accompanied with a certificate
of the Clerk if the certificate as to the Clerk be given by a presiding Justice of a Court with a cer-
tificate of the Clerk that he shall certify that the presiding Justice is duly commissioned and
qualified by these papers and by the emancipation act of
the copy offered is an exemplification of right should be kept and made by a Clerk of a
Court and that was the Clerk of the
district composed of
Hartford we cannot easily see if by virtue of Judge
district he is presiding Judge or rather Justice of the
Another objection taken to the final certificate of the Clerk is that it says the Judge
was duly commissioned and sworn and the Act of congress says the certificate shall say
duly commissioned and qualified it is best to pursue the very words of the Act we are not
entirely certain that congress meant by the word qualified no more than that which is com
prehended by the word sworn.
The admission of the copy as evidence was erroneous and for that the Judgment
is reversed. but the Counsel on both sides have expressed a desire to have the opinion of
this Court on the effect of the Deed of Emancipation of
for freedom. We will as the case is property before us proceed to do so.
That part of the Act to be considered declares that when any person shall be possessed
of a slave or slaves who are or shall be of a healthy constitution sound in mind and body
capable by labor to procure to himself sufficient food and raiment with other requisite
necessaries of life and not exceeding fifty years of age such owner being willing and desirous
to set free or manumit such slave or slaves may by writing under his hand and seal
evidenced by two good and sufficient witnesses at least grant such slave or slaves his or her
freedom and that any deed or writing whereby freedom shall be given or granted to any
such slave which shall be intended to take place in future shall be good to all intents
constitutions and purposes whatever from the time that such freedom or manumission is
intended to commence by the said deed or writing so that such deed and writing be not in
prejudice of creditors and that such slave at the time of such freedom or manumission
shall take place or commence be not above the age aforesaid and be able to work and
gain a sufficient livelihood and maintenance according to the true intent and meaning
of this Act which Instrument of writing shall be acknowledged before oen Justice of the
tice shall indorse on the back of such Instrument the time of the acknowledgment of the
party making the same which he or they or the party concerned shall cause to be entered
among the Records of the
dom shall reside within six months after the date of such Instrument "the Act then provides
for making a copy and declares the same to be evidence of the fact of freedom. It appears
that the deed in question under which the party claims freedom by reason of her descent
from her grandmother who was freed by the deed was only attested by one witness Paca's
counsel contend that the deed must be attested by two witnesses the Counsel for the petitioner
contend that the Statute provides a mode of manumission for two classes of persons the first
part provides for manumitting those whose freedom is to commence immediately and in
that case requires a deed sealed and attested by two witnesses and that when this is done
and the deed delivered to the slave he is free and that as to those whose freedom is to
commence in future the law seems neither to require a deed nor witnesses but requires a wri-
ting or deed which is to be acknowledged in solemn form before a Justice of the peace
and to be recorded &c. We are of opinion the petitioner's Counsel are right in their view of the
act if all that part of the Statute which procedes the words "and that" were Stricken out yet the
balance of the Statute would be perfectly intelligible and no word would or need be lost or
expunged to make the meaning clear and complete: the Statute would then read that when
any person owns a slave and is desirous to set him free the freedom to commence in future
the same can be done by a deed or Instrument in writing but the Instrument must be acknow-
ledged before a Justice of the peace of the County and must be recorded provided the slave at
the time his freedom is to commence is not over 50 years of age and is capable by labour to
support himself &c. Now all this can clearly be well made out without any reference
whatever to that part of the Act which requires a deed under seal to be attested by two
witnesses. So on the other hand all before the the words and that may be completely cut
of from the balance and both the sense and object of that part will be complete and then
the case will be made out as to the mode of Emancipation in presenti. So for then as regard
the petitioner's right depending on the
But for the errors aforesaid the Judgment is reversed and the cause remanded for a
new trial.
I,
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and of the opinion delivered by the
thousand eight hundred and thirty six
vs
Paca
Judgment & opinion