to
Slaves

A Manumition
Maryland Ss

To all whom
these presents shall come greeting J. Josias
Wm Dallam of Harford County in the State of Maryland for Diver
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 To years: Malborough
at the expiration of four years, Orange at the Expiration of five
years Semon at the Expiration of Eleven years Hannah at the
Expiration of Thirteen years Nance at the Expiration of Fifteen
years sook at the Expiration of Seventeen years from the Date of
this my mannumission. all the children or childrans Childran
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 hand and seal this thirteenth day of March in the year of our
Lord one thousand seven hundred and eighty seven

Test John Archer Josias Wm Dallam seal

Harford County Ss

On the sixteenth day of March in the
year of our Lord 1787 personally appeared before me the subscriber
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

John Archer

Received to be recorded the 10th Day of April 1787. Same day Recorded
and examined by

John Lee Gibson Clk

State of Maryland
Harford County

I hereby certify that the within and foregoing is truly
Transcribed from Liber S. L G . one
the Land Record looks of Harford County Court

In Testimony whereof I have herds my
hand and affixed the Seal of Harford County
Court this eleventh day of September Eighteen
hundred and twenty nine Henry Dousey Clk

Maryland
Harford County

I Stevenson Archer Chief
Judge of the Sixth Judicial District of
Maryland composed of Baltimore & Harford Counties hereby Certify that the
aforegoing attestation of Henry Dorsey
Clerk of Harford County Court is in
due for me & by the proper

Baltimore Sept. 16th 1829Stevenon Archer

Maryland
County Sct

There by Certify that gentleman
who has signed the within and foregoing certificate
was at the time of So doing Presiding Judge of
the Sixth Judicial District of Maryland Composed
of and Counties duly commissioned
and sworn

In Testimoney whereof I have
hereto Set my hand and affixed
the seal of County Court
this twenty third day of September
eighteen hundred and twenty nine Clk County Court

Cost $ 0.53 3/4

Conelius Flim

5.53

3.00

1.00

87

10.40

To the Honorable the Judge of the Circuit Court of the
County of St Louis

The petition of semmon Dattow a free girl of
color by Dattow her mother and next friend respectfully represents that her grandmother
Hannah was a slave owned by one Losious wil-
liam Dallan in the state of Maryland and
that the said Dallan while he solomned the said
Hannah as a slave on the thirteenth day of
March in the year one thousand seven hundred
and eighty seven executed a of mannmis-
sion by which he emancipated the said Hannah
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 Hannah and he born in slavery
after the date of said dee should he free at twenty
three years of age. Your petitioner represents that
her mother named Grace was the daughter of
the said Hannah and was born about the year
seventeen hundred and ninety two and that your
petitioner was born about the month of June in the year eighteen hundred
and sixteen and after her mother the said Grace
had paped 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 held as a slave by John Paea within
the county of St Louis who claims your petitioner
as his property having obtained your petitioner
as the property of his wife who is the daughter of
the said Jusias William Dallan . wherefore your
petitioner prays that she may he permetted to one
as a poor person to recover her freedom and that
counsel he assigned her according to law and
your petitioner as in Duty found &c.

Teste

A. R. Gamble her mark Dutten next friend

State of Missouri
County of St Louis

This day personally appeared
before the undersigned a justice of the peace of St Louis
county Grace Datton who being by me duly tsworn
upon her sath says that the stated in the fore-
giving petition she belives to be true

Sworn to
before me this 2d day of
July 1834Grace his mark Dutton

D Hough of the peace
County St Louis

In the foregoing petition it is ordered that Lemman
Datton that petitioner be permitted to sue as a poor
person to establish her freedom and that K Gam -
ble be assigned as petitioners correct. It is also
ordered that the petitioner have reasonable
liberty of attending her counsel and the court
when occasion may require and that she he
not removed out of the jurisdiction of the Circuit
court of St Louis county be to any
severity because of her application for freedom

D.

In the Circuit Court
July Term 1834 Saint Louis Country Court

Dutton a free woman of
colour by AB Gamble council asigned to her com
plains of John Paca of a plea of Trespass
For That the said defendant
on the first day of June in the year enghteen hun
dred and thirty four force and arms at the
Country and an did make in and
upon the plaintiff and her the said plaintiff,
them and there did beat and illtreat
and di them and there umprison the said
plaintiff and ever since kept and detain
ed the said plaintiff in prison and in
and holds the said plaintiff in
the said plaintiff at the time of commentary
the said greivances and from and being a free person at the country
and other wrong to the said plaintiff them
and there did to the great damage of the
said plaintiff and against the peace and degnity of the state and the said plaintiff she sustained damage to the amount of five hundrend dollars & therefore

County of Saint Louis
The State of Missouri To the Sheriff of the County of Saint Louis greeting

We command you to summon John Paea that he be and appear before the Judge of our circuit
court at the next term there of to be held at the city of St Louis within and for the county of Saint Louis on
the fourth monday of July instant this and there to answer unto Semman Dutton a free woman of color
of a plea of tres pays said plaintiff saith she hath sustained damage to the amount of five hundred
dollars and have you then there this

Archibald Gamble clerk of our said circuit court at office this Twelfth day of July in the year of our Lord one thousand Eight Hundred and thirty four Archibald Gamble Clerk

On the foregoing petitioned it is ordered that Lemman Dutton the petitioner be permitted to sue as a poor person
to establish her freedom and that H R Gamble 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 St Louis County nor be subject to any
severity because of hisapplication for freedom —

L. E. Lawless The above is acopy of the order of the Judge endorsed on the petition Gamble Clerk

Executed this writ on Joshua Paca on the
12th July 1834 by offering to to
the withsaid declaration in the
city of St Louis which he refused to have
and did at the same makes
him acquainted with the
of the order of the of the Circuit
Court permitting the plaintiff to sue

Service $1.00

No 116 Saint Louis Circuit Court
July Term 1834

Lemman Dutton

John Paca

This is an action of
Assault Battery of
false imprisonment
to recover freedom

Let asummonsupon

H. A. Gamble Filed 12th July 1834 Archibald Gamble Clerk

vs

And the said John Paca the
defendant, by Estates his attorney, consist defend the
force when he and says that he is not guilty of the
wrongs the above laid to his charge, in
& form as the said Lemman has above in her
declaration alleged, and of this he puts himself upon
the Country .

E W. Bates

And for a further plea in this behalf the said
defendant says that the said Lemman ought
not to have her action aforesaid against
him, he says that at the said time when
he, the said Lemman slave, without
that the Lemman was at the said time a
free person, in mannerand form as the said
Lemman has above in her declaration
supposed, and of this he puts himself upon the
country

E W . filed July 30th 1834A G Clk

No 116 July Term 1834

Lemman Dutton
vs
John Paca

Pleas - 1. not guilty
2d. pltff a clone.

filed July 30th 1834 A Gamble Clk

Judgment for plff - Book 8 page 41

Bill of exceptions - 48

Dismissed book 9 - page 52

vs.

March term AD 1836

Be it remembered that on the trial of this
cause, the said being submitted for trial to the court, nei-
ther party requiring a jury; the plaintiff read in evidence
the following each of the legislature of Maryland , to writ,
"An act to on called slaves
being set free on the manumission of slaves by any
last will or testament" made at a of
began that at the City of Annapolis the 3d June 1752
"An act to continue the act of therein
mentioned "made at a of began the
at the City - of Annapolis to the 6th November 1786, which
act of the legislature of Maryland so read in evidence
are not herein set forth, it being by the
of bothparties herto that the law may be read the
same advantage had at given to the in the
Supreme Court on as if they come in corpo-
rated in this bill - the plff: the to read
in evidence with its authentication there on endor-
sed, writing purporting to be an authenti-
cated copy from one of the land record books of Har-
ford County in the state of Maryland , which paper
writing fits - authentication are in the words of figures
following (here insert same) to the reading of which
the Deft by his council objected but the Court over-
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 & that Hannah
one of the named in said paper writing was
the mother of Grace who is the mother of the plff.
fits was admitted that Hannah at the time ap-
pointed for her liberation is said paper writing
has fifty - years of age & capable of main-
taining herself - that Grace was born in the year
1792 & the : her child was born after grace had
papers the age of twenty three years and that the defendant held the plaintiff in slavery at the commencement of this suit. There being no
other evidence on either side, the deft upond the fore-
going testimony moved the Court to decide that
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 - prays the court to sign &
seal these his exceptions, which is done accordingly

Lemman Sutton
vs John Paca

Bill of Exceptions

Filed April 8th 1836 John Ruland - Clerk

vs

vs
Leamman
vs

Suits for freedom

There three cases having been decided
in favor of the plaintiffs and bills of exceptions taken
in them all, showing that they depend on the same
facts & principles, it is agreed by the parties that
one of the cases shall he taken up to the Supreme
Court , & the other two abide the judgement
of the Supreme Court , in the case to be taken
up, and judgments entered in this court
accordingly

Dutton's
vs
Paca

State of Missouri sct.
Supreme Court , 3d Jud. District . June Term 1836.Tuesday July 5th. 1836.Court met pursuant to adjournment. present all the Judges.

vs.

Error to St Louis Circuit Court .

Now at this day come again the parties aforesaid by their attorties
and the Court here being now suppiciently advised of and concerning the premises, do
consider that the judgment aforesaid in form aforesaid by the said Circuit Court rendered
be reversed and for nought held and esteemed and it is further considered that the said
cause be remanded to the said Circuit Court for further proceedings therein in con-
formity with the opinion of this Court herein delivered, and that the said defendant in error
recover of the said Lemman Dutton , the plaintiff in error, his costs and charges by him
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

vs.

Opinion delivered by McGirk Justice

Dutton the plaintiff is a woman of color suing for freedom it appears that in the 1752
the colonial legislature of Maryland passed an act authorising persons owning negro
slaves of a certain description to set them free under certain restrictions that on or about
the year 1787 one Josias William Dallam owned and possessed the grandmother of the
defendant in error as a slave and that said Dallam did by a deed under his hand
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 Circuit Court and the plaintiff has brought the cause up by Writ of Error.

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 Maryland
legislature provides that the deed of emancipation shall be recorded in the office of the
clerk of the County Court where the deed is made and that a copy of the Registry shall be
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
4th art of the Constitution which says that full faith and credit shall be given in
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 27th March 1804 Ingersols digest 76 and 77 which declares that "from and
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 United States as they
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 Congress no
room for dispute the Maryland Act expressly declares that the copy shall be evi-
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 County Court of Maryland the Judge then certifies
as follows, to wit. Maryland Hartford County Sct. I Stephen Archer Chief Judge of
the sixth Judicial district of Maryland composed of Balimore and Hartford Counties
hereby certify that the foregoing attestation of Henry Dorsey Clerk of Hartford County
Court is in due form and by the proper officer. then Henry Dorsey certifies as follows
I certify that Steven Archer who has signed the within and foregoing certificate
was at the time of so doing presiding Judge of the sixth Judicial District of
Maryland composed of Baltimore and Hartford counties duly commissioned
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 Allen for the plaintiff in error that the
certificate of the Judge should in itself contain an afffirmation that the Judge
was presiding judge of the County Court of Hartford County and that the certificate
of the Clerk as to the official character of the judge should affirm that the judge is presiding
Judge of Hartford County Court . it is our opinion that it should appear by the certificate of the
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

Certificate affirms that Archer is presiding Judge of the district composed of Baltimore
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 Maryland it appears the registry
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 County Court of Hartford what the presiding Judge of the
district composed of Baltimore and Hartford counties had to do with the County Court of
Hartford we cannot easily see if by virtue of Judge Archer being presiding Judge of the
district he is presiding Judge or rather Justice of the County Court of Hartford the style of his certificate should have so declared.

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 Dallam to the Ancestor of the petitioner
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 of 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
peace of the County where the person or persons granting such freedom resides which Jus-
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 County Court where the persons or persons granting such free-
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 clases 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 Maryland statute our opinions is for the petitioner.
But for the errors aforesaid the Judgment is reversed and the cause remanded for a
new trial.

M. McGirk George Tompkins R. Wash .

State of Missouri . Sct.

J. John Ruland , Clerk of the Supreme Court for the third Judicial District of the State of

Missouri do hereby certify the above and foregoing to be a true transcript of the Judgment rendered
and of the opinion delivered by the Supreme Court at the June Term thereof in the year of Our Lord one
thousand eight hundred and thirty six, in the Case Paca vs Dutton , as the same now remains in my office.

In testimony whereof I have hereunto set my hand and affixed the Seal of
said Court at office in the City of St Louis in the County of Saint Louis , District
and State aforesaid, this fifteenth day of August in the year of Our Lord
one thousand eight hundred and thirty six. John Ruland Clerk

Supreme Court 3d Judi. District
June term 1836

Dutton
vs
Paca

Judgment & opinion

Filed aug: 16th 1836 John Ruland Clerk