Maryland State Archives

John Levant, a married man, being a native and resident of the Island of Saint Domingo, removed from that place in July 1793, flying from disturbances which then existed there, endangering the lives and property of the inhabitants, and brought with him into this state three negroes, of whom the petitioner, (now appellee,) is one, whom he then and before owned as a slave. That in May 1794, he sold the petitioner, as a slave, to William Clemm, who sold him as such to the defendant, (the appellant.) That said Levant arrived at Baltimore in August 1793, and continued to reside there until sometime in 1796, when he returned to the West Indies. The defendant thereupon prayed the direction of the court to the jury, that if they believed the facts, the petitioner was not entitled to his freedom. This opinion the Court, [Scott, Ch. J. ] refused to give; but directed the jury, that upon these facts the petitioner was free. The defendant excepted; and the verdict and judgment being against him, he appealed to this court, where the case was argued.

Appellate Court Records:

COURT OF APPEALS (Docket) Fulton v. Lewis, 1815, May Term, no. 79 [MSA S414-6, 1/66/14/24].
Writ of Ca. Sa. issued; continued until June, 1819. See COURT OF APPEALS (Docket, Western Shore) John Lewis, use of Thomas Harwood and Thomas Harris v. David Fulton, 1819, Judicials, no. 48 [MSA S414-7, 1/66/14/25].

COURT OF APPEALS (Judgments, Western Shore) Fulton v. Lewis, 1815, May Term, no. 79 [MSA S382-54, 1/62/9/14].

Appellate Judges: Jeremiah Townley Chase; John Johnson; John Buchanan; Richard Tilghman Earle; William Bond Martin; Joseph Hopper Nicholson.

Appellate Attorneys: Elias Glenn and Thomas Kell for Appellant; John Montgomery, Thomas Jennings and John Scott, Jr for Appellee.

Trial Court Judges: John Scott; George P. Presbury;

Trial Court Attorneys: John Scott, Jr. (Lewis); Elias Glenn (Fulton)

See also msa sc5339-270-8.

This was a petition for freedom. At the trial the petitioner, (now appellee,) produced a witness, who proved that John Haney, the brother of the defendant, (now appellant,) wrote a letter to him from St. Mary's county in this state, where he resided, and sent it by the petitioner, who was then living in Virginia, where he was born and raised, and by whom it was delivered to the witness in the city of Baltimore, where the witness resided, sometime in the month of February 1810, and shortly after the said letter was written. The letter contained a request that the witness would keep the petitioner until he, John Haney, or his brother Samuel Haney, should arrive in Baltimore; and it also stated, that the petitioner was the property of his said brother, who was under age, and that he was the guardian of his said brother. That accordingly the witness did keep the petitioner in his service from that time for about two months and an half, when the defendant arrived in Baltimore from St. Mary's county, where he was bound in 1803 by his father, for seven years, to learn the business of a pilot, and where he then lived.

Appellate Court Records:

COURT OF APPEALS (Docket) Haney v. Waddle, 1815, May Term, no. 62 [MSA S414-6, 1/66/14/24].

COURT OF APPEALS (Judgments, Western Shore) Haney v. Waddle, 1815, May Term, no. 62 [MSA S382-74, 1/62/10/22].

Appellate Judges: Jeremiah Townley Chase; John Johnson John Buchanan; Richard Tilghman Earle; William Bond Martin.

Appellate Attorneys: William H. Winder (appellant); Walter Dorsey (appellee)

Trial Court Judges: Joseph Hopper Nicholson; Zebulon Hollingsworth; Thomas Jones

Trial Court Attorneys: Walter Dorsey (Waddle); William H. Winder (Haney); Theodorick Bland (Haney)

See also msa sc5339-270-7.

APPEAL from Frederick County Court. The present was a petition for freedom. Plea, the general issue.

Appellate Records

COURT OF APPEALS (Docket, Western Shore) Sprigg v. Negro Mary, 1814, December Term, no. 90, MdHR 595 [MSA S414-5, 1/66/14/023].

COURT OF APPEALS (Judgments, Western Shore) Sprigg v. Negro Mary, 1814, December Term, no. 90, MdHR 683-525 [MSA S382-144, 1/63/08/030].

COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Sprigg v. Negro Mary, 1814, December Term, no. 90, p. 55-56, MdHR 480 [MSA S428-6, 1/67/06/020].

COURT OF APPEALS (Judgment Record, Western Shore) Sprigg v. Negro Mary, 1814, December Term, no. 90, Liber TH 15, p. 172-185 [MSA S420-15, 1/66/11/023].

Other Records:

FREDERICK COUNTY REGISTER OF WILLS (Administration Accounts) First and Second Accounts of Otho Sprigg, admin. Thomas Sprigg, 1818, Liber HS3, p. 228-234 [MSA C747-10, 1/50/09/037]

FREDERICK COUNTY REGISTER OF WILLS (Administration Accounts) Forth and Final Account of Otho Sprigg, admin. Thomas Sprigg, 1822, Liber HS 5, p. 338 [MSA C747-12, 1/50/09/039].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; Joseph Hopper Nicholson; Richard Tilghman Earle; John Johnson;

Appellate Attorneys: Arthur Shaaff (appellant); Richard B. Magruder (appellee)

Trial Court Judges: Abraham Shriver; Roger Nelson

Trial Court Attorneys: Otho Lawrence (Mary); Roger Brooke Taney (Sprigg); Arthur Shaaff (Sprigg)

APPEAL from Frederick County Court from a judgment on a petition for freedom. The general issue was pleaded.

Appellate Court Records:

COURT OF APPEALS (Docket, Western Shore) Sprigg v. Negro Presly, 1814, December Term, no. 91, MdHR 595 [MSA S414-5, 1/66/14/023].

COURT OF APPEALS (Judgments, Western Shore) Sprigg v. Negro Presly, 1814, December Term, no. 90, MdHR 683-525 [MSA S382-144, 1/63/08/030].

COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Sprigg v. Negro Presly, 1814, December Term, no. 90, p. 57, MdHR 480 [MSA S428-6, 1/67/06/020].

Other Records:

FREDERICK COUNTY REGISTER OF WILLS (Administration Accounts) First and Second Accounts of Otho Sprigg, admin. Thomas Sprigg, 1818, Liber HS3, p. 228-234 [MSA C747-10, 1/50/09/037]

FREDERICK COUNTY REGISTER OF WILLS (Administration Accounts) Forth and Final Account of Otho Sprigg, admin. Thomas Sprigg, 1822, Liber HS 5, p. 338 [MSA C747-12, 1/50/09/039].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; Joseph Hopper Nicholson; Richard Tilghman Earle; John Johnson;

Appellate Attorneys: Arthur Shaaff (appellant); Richard B. Magruder (appellee)

Trial Court Judges: Abraham Shriver; Roger Nelson

Trial Court Attorneys: Otho Lawrence (Presly); Roger Brooke Taney (Sprigg); Arthur Shaaff (Sprigg)

APPEAL from Harford County Court. A petition for freedom was filed by the appellee against the appellant. This cause, upon the assent of the parties, being brought before the court, for hearing and trial by the court, the petitioner proved that he was imported from the state of New-York into Harford county in this state, in the year 1792 or 1793. The defendant then proved to the court, that Abraham Cole, a citizen and resident of the state of New-York, removed from that state into Harford county, in the beginning of the year 1793, and brought with him from New-York into Harford county, sundry negro slaves, of which the petitioner Tom is one; that he continued to reside in Harford county from the time of his coming aforesaid, for about 15 years; that the defendant, then land ever since a resident of said county, having intermarried with the daughter of said Cole, received from him the petitioner as a part of the portion of his wife, and has so held him ever since; that the petitioner was born in the state of New-York, in the family of said Cole, to whom the petitioner and his mother belonged as slaves, and has lived with him in New-York from the time of his birth; that at the time said Cole brought said negro into Harford county, there was no naval officer in said county, but a naval officer at the city of Baltimore; that one Thomas Taylor was collector of the tax at the time of the bringing said negro into said county; that in some short time after said negroes were so brought into said county, a conversation did take place about said petitioner, and the other negroes so brought into Harford county, the particulars or design of that conversation was not known to the witness; that in March 1793 the petitioner, and other negroes so brought into Harford county, were entered on the books of the county assessments of said county, as the slaves of said Cole, and taxed to him, and have been so taxed ever since. That the said Taylor has long since left Harford county, and whether he is still living or dead is uncertain, and if living his residence unknown; and it is unknown where are, or what has become of papers in his possession, if in being. The County Court gave judgment upon the preceding statement that the petitioner was entitled to his freedom, and that he be discharged from servitude, &c. From which judgment the defendant appealed to this court.

Appellate Court Records:

COURT OF APPEALS (Docket, Western Shore) George Henderson v. Negro Tom, 1817, June Term, case no. 116, MdHR 598 [MSA S414-6, 1/67/14/024].

COURT OF APPEALS (Judgments, Western Shore) George Henderson v. Negro Tom, 1817, June Term, case no. 116, MdHR 683-202 [MSA S382-74, 1/62/10/022].

COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) George Henderson v. Negro Tom, 1817, June Term, case no. 116, pp. 69-70, MdHR 481 [MSA S428-7, 1/67/06/021].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; Richard Tilghman Earle; John Johnson; William Bond Martin;

Appellate Attorneys: Thomas Kell (appellant); William H. Winder (appellee)

Trial Court Judges: Joseph Hopper Nicholson; Theodorick Bland

Trial Court Attorneys: Thomas Kell (Henderson); Stevenson Archer (Henderson); Walter Dorsey (Tom)

APPEAL from Queen Anne's County Court. This was a petition for freedom, filed by the appellants.

Appellate Court Records:

COURT OF APPEALS (Docket, Eastern Shore) Negro Hannah, et al., v. Sparkes, 1818, June Term, no. 28, p. 13 [MSA S413-12, 1/67/06/008].

COURT OF APPEALS (Judgments, Eastern Shore) Negro Hannah, et al., v. Sparkes, 1818, June Term, no. 28, MdHR 683-560 [MSA S380-35, 1/63/09/020].

Appellate Judges: John Johnson; William Bond Martin; Walter Dorsey; John Buchanan

Appellate Attorneys: William Carmichael (appellants); Ezekial Forman Chambers (appellee); Kensey Harrison (appellee).

Trial Court Judges: Richard Tilghman Earle; Lemuel Purnell; Thomas Worrell

Trial Court Attorneys: William Carmichael (Hannah); Ezekial Forman Chambers (Sparkes); Kensey Harrison (Sparkes).

APPEAL from Saint Mary's County Court. A petition for freedom filed by the appellee against the appellant.

Appellate Court Records:

COURT OF APPEALS (Docket, Western Shore) Jonathan Woodburn, admin. Leonard Burroughs v. Negro Anna, 1817, June Term, no. 36, MdHR 598 [MSA S414-6, 1/66/14/024].

COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Jonathan Woodburn, admin. Leonard Burroughs v. Negro Anna, 1817, June Term, no. 36, p. 34, MdHR 481 [MSA S428-7, 1/67/06/021].

COURT OF APPEALS (Judgments, Western Shore) Jonathan Woodburn, admin. Leonard Burroughs v. Negro Anna, 1817, June Term, no. 36, MdHR 683-480 [MSA S382-177, 1/63/07/030].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; William Bond Martin; Walter Dorsey

Appellate Attorneys: Richard B. Magruder (appellant); Clement Dorsey (appellant); John Stephen (appellee)

Trial Court Judges: John Johnson; Edmund Key

Trial Court Attorneys: Henry Ashton (Anna); Clement Dorsey (Woodburn)

APPEAL from Queen Anne's County Court. This was a petition for freedom, preferred by the appellees against the appellant. The general issue was pleaded.

Appellate Court Records:

COURT OF APPEALS (Docket, Eastern Shore) Walls v. Hemsley, 1817, June Term, no. 21, p. 10, MdHR 600 [MS S413-11, 01/67/06/007].

COURT OF APPEALS (Judgments, Eastern Shore) Walls v. Hemsley, 1817, June Term, no. 21, MdHR 683-558 [MSA S380-33, 1/63/09/018].

COURT OF APPEALS (Judgment Record, Eastern Shore) Walls v. Hemsley, 1817, June Term, no. 21, Liber JP A, p, 570-574, MdHR 852 [MSA S421-2, 1/66/12/005].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; John Johnson; William Bond Martin; Walter Dorsey.

Appellate Attorneys: Ezekial Forman Chambers (appellant); Kensey Harrison (appellant); William Carmichael (appellee)

Trial Court Judges: Richard Tilghman Earle; Lemuel Purnell; Thomas Worrell

Trial Court Attorneys: William Carmichael (Hemsley); Kensey Harrison (Walls); Ezekial Forman Chambers (Walls)

APPEAL from Worcester County Court. This was a petition for freedom by the appellee.

Appellate Court Records:

COURT OF APPEALS (Docket, Eastern Shore) Johnson v. Negro Lish, 1819, June Term, no. 67, p. 25, MdHR 602 [MSA S413-13, 1/67/06/008].

COURT OF APPEALS (Judgments, Eastern Shore) Johnson v. Negro Lish, 1819, June Term, no. 67, MdHR 683-563 [MSA S380-38, 1/63/09/023].

Appellate Judges: Jeremiah Townley Chase; Richard Tilghman Earle; John Johnson; Walter Dorsey;

Appellate Attorneys: Josiah Bayly (appellant); Ephraim K. Wilson (appellant); Ara Spence (appellee)

Trial Court Judges: William Bond Martin; James B. Robins; William Whittington

Trial Court Attorneys: Ara Spence (Lish); Ephraim K. Wilson (Johnson); William Tingle (Johnson); Josiah Bayly (Johnson)

PROCEDURAL POSTURE: Appellants, heirs of a deceased slave owner, sought review of the decision of the Court of Chancery (Maryland), which entered a judgment in favor of appellee slaves in their action to record a deed of manumission, which the slaves argued was executed by the deceased slave owner.

OVERVIEW: The slaves brought an action against the heirs of a deceased slave owner, in which the slaves alleged that they had been freed by a deed of manumission from the owner. The slaves sought an order of the chancery court to record the deed of manumission. The chancery court granted the slaves' request. On appeal, the court reversed the judgment of the chancery court. The court held that 1785 Md. Laws ch. 72, § 11 and 1792 Md. Laws ch. 41, § 3, which expanded the jurisdiction of the chancery courts to grant equitable relief for unrecorded deeds, applied only to deeds involving real estate. The statutes were not intended to give new relief in cases where no remedy had previously existed. The court noted that, in order to grant any rights at all, a deed of manumission had to be filed within six months of the date it was executed. The court ruled that the slave owner could have, within those six months, chosen to rescind the deed or simply refused to record it. By failing to do so, the owner left the slaves without any recourse.

Appellate Court Records:

COURT OF APPEALS (Docket, Western Shore) John Wickes v. Araminta Chew, et al., 1819, December Term, case no. 20, MdHR 604 [MSA S414-7, 1/66/14/025].

COURT OF APPEALS (Notes on Arguments, Western Shore) John Wickes v. Araminta Chew, et al., 1819, December Term, case no. 20, pp. 225-233 [MSA S427-6, 1/67/06/012].

Trial Court Records:

CHANCERY COURT (Chancery Papers) Araminta Chew, Letty Chew, Henry Chew, Michael Chew, Frank Chew, Ralph James, Judea James, Henry James, Polly James, and Samuel James. AA. Petition to record manumissions for petitioners, 1816, MdHR 17,898-1005 [MSA S512-1047, 1/36/1/19].

CHANCERY COURT (Chancery Record) Araminta Chew, et al., 1816, Liber 106, p. 486-492, MdHR 17,819-1[MSA S517-123, 1/35/03/013].

Appellate Judges: John Buchanan; Richard Tilghman Earle; John Johnson; Walter Dorsey

Appellate Attorneys: Alexander Contee Magruder (Appellant); John Stephen (Appellant); James Boyle (Appellant); Nicholas Brewer (Appellee)

Trial Court Judge: Chancellor William Kilty

Trial Court Attorneys: Alexander Contee Magruder (Wickes, et al.); Nicholas Brewer (Chew)

See also msa sc5339-270-15.

3 Harris & Johnson, Brantly annotated edition

4 Harris & Johnson, Brantly annotated edition

APPEAL from Charles County Court. This was a petition for freedom; and under the act of 1804, ch. 55, s. 2, the petitioner, (now appellant,) exhibited her affidavit, stating that she believed she could not have a fair and impartial trial in that court, and by her counsel moved the court to direct that the record and proceedings should be removed as directed by the above mentioned act; but the court, [Clarke, A. J.] overruled the motion. The petitioner excepted. The case was afterwards tried, and the verdict and judgment being for the defendant, the petitioner appealed to this court.

Appellate Court Records:

COURT OF APPEALS (Docket, Western Shore) Queen v. Neale, 1810, December Term, no. 172, MdHR 588 [MS S414-3, 1/669/14/021].

COURT OF APPEALS (Judgments, Western Shore) Queen v. Neale, 1810, December Term, no. 172, MdHR 683-363 [MSA S382-132, 1/62/14/003].

COURT OF APPEALS (Judgment Record, Western Shore) Queen v. Neale, 1810, December Term, no. 172, Liber TH 9, p. 259-264 [MSA S420-9, 1/66/11/017].

Appellate Judges: Jeremiah Townley Chase; John Buchanan; Joseph Hopper Nicholson; Richard Tilghman Earle;

Appellate Attorneys: Francis Scott Key (appellant); Clement Dorsey (appellee); Henry Henly Chapman (appellee)

Trial Court Judges: John Mackall Gantt; Edmund Key; Daniel Clarke

Trial Court Attorneys: Gerard N. Causin (Queen); Clement Dorsey (Neale)

See also:

COURT OF APPEALS (Docket, Western Shore) Nancy Queen and children v. Rev. Charles Neale, et al., 1815, May Term, no. 13, MdHR 598 [MSA S414-6, 1/66/14/024].

COURT OF APPEALS (Judgments, Western Shore) Nancy Queen and children v. Rev. Charles Neale, et al., 1815, May Term, no. 13, MdHR 683-363 [MSA S382-132, 1/62/14/003.

The matter of the petitions of freedom on behalf of the Queen family rise to the level of the Supreme Court. See the web site devoted to the Queen and Duvall families, O Say Can You See: Early Washington, D. C., Law and Family Project. Note that the cases drawn from Maryland Court records are not fully nor correctly cited.

See: Schweninger Collection,

* COURT OF APPEALS (Judgments, Western Shore) S382-132 No. 13 Mary Queen and children vs. Rev. Charles Neale May 1815 MSA SC 4239-3-24.
* COURT OF APPEALS (Judgments, Western Shore) S382-132 No. 172 Nancy Queen vs Rev. Charles Neale Dec. 1810 MSA SC 4239-3-25

1) COURT OF APPEALS (Judgments, Western Shore) No. 13, Mary Queen and children vs. Rev. Charles Neale: record 3 July 1811. Charles County woman s\writes "...your Petitioner and her two children Charles and Elizabeth are entitled to their freedom being descended through the Female line from a white woman that she your petitioner, and her children are unjustly held in slavery by one Charles Neal of Charles County agent for the Corporation of the Roman Catholic clergymen in the State of Maryland" Judgment affirmed nisi May Term 1815 [Docket]. msa_s382_132, MdHR 683-363

and

2)COURT OF APPEALS (Judgments, Western Shore) No. 172, Nancy Queen vs. Rev. Charles Neale: appeal 30 June 1810; court's opinion, n. d.; rough draft of record,n.d.; record of court of appeals 17 December 1810. Charles County woman seeks freedom; Judgment affirmed December Term 1810 [Docket], msa_s382_132, MdHR 683-363.

Clement Dorsey. The general public statutory law and public local law of the state of Maryland: from the year 1692 to 1839..., 1840.

Note: The index entry for Laws of 1796, Chapter 67, contains the following footnote:

"The policy of the state as to the introduction of slaves has so vacillated that it is almost impracticable in an index, to present a condensed view of the various enactments in reference thereto. A note to the first section of this act contains a review of all the laws on this subject, except that of 1839."

COURT OF APPEALS (Docket, Western Shore) 06/1809-12/1810 msa_s414_3

COURT OF APPEALS (Docket, Western Shore) 05/1813-12/1814 msa_s414_4

COURT OF APPEALS (Docket, Western Shore) 05/1813-12/1814 msa_s414-5

COURT OF APPEALS (Docket, Western Shore) 05/1815-12/1818 msa_s414_6

COURT OF APPEALS (Docket, Western Shore) 06/1819-12/1822 msa_s414_7

COURT OF APPEALS (Docket, Western Shore) 06/1825-12/1826 msa_s414_11

COURT OF APPEALS (Docket, Western Shore) 06/1831-12/1833 msa_s414_12

COURT OF APPEALS (Docket, Eastern Shore) 06/1810-12/1810 msa_s413_4

COURT OF APPEALS (Docket, Eastern Shore) 06/1811-12/1811 msa_s413_5

COURT OF APPEALS (Docket, Eastern Shore) 06/1812-12/1812 msa_s413_6

COURT OF APPEALS (Docket, Eastern Shore) 06/1813-12/1813 msa_s413_7

COURT OF APPEALS (Docket, Eastern Shore) 06/1814-12/1814 msa_s413_8

COURT OF APPEALS (Docket, Eastern Shore) 06/1815-12/1815 msa_s413_9

COURT OF APPEALS (Docket, Eastern Shore) 06/1816-12/1816 msa_s413_10

COURT OF APPEALS (Docket, Eastern Shore) 06/1817-12/1817 msa_s413_11

COURT OF APPEALS (Docket, Eastern Shore) 06/1818-12/1818 msa_s413_12

COURT OF APPEALS (Docket, Eastern Shore) 06/1819-12/1819 msa_s413_13

COURT OF APPEALS (Docket, Eastern Shore) 06/1820-12/1820 msa_s413_14

COURT OF APPEALS (Docket, Eastern Shore) 06/1822-12/1823 msa_s413_15

COURT OF APPEALS (Docket, Eastern Shore) 06/1823-12/1823 msa_s413_16

COURT OF APPEALS (Docket, Eastern Shore) 06/1824-12/1824 msa_s413_17

COURT OF APPEALS (Docket, Eastern Shore) 06/1825-12/1825 msa_s413_18

COURT OF APPEALS (Docket, Eastern Shore) 06/1826-12/1827 msa_s413_19

COURT OF APPEALS (Docket, Eastern Shore) 06/1828-12/1829 msa_s413_20

COURT OF APPEALS (Docket, Eastern Shore) 06/1830-12/1830 msa_s413_21

COURT OF APPEALS (Docket, Eastern Shore) 06/1831-12/1835 msa_s413_22