Jacob Cook's Original Fugitive Slave Petition and Ownership Documentation: Affidavits
ca. 1850
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Mr. Cook requests permission of the court to seek out and recover his fugitive slaves: Ellen Green, Matilda Green, John Green, and Andrew Jones. Page 1 of 18 pages are shown here. See the entire document in the National Archives online catalog.
Transcript
The United States of America
District of Maryland, to wit
At a District Court of the United States in and for the Maryland District, begun and held at the City of Baltimore on the first Tuesday in December in the year of our Lord one thousand eight hundred and fifty.
Present The Honorable
U.S. Heath Judge of Maryland District
Z. Collins Lee Esquire attorney
Thomas H Kent ([of?]) Esquire Marshal
Thomas Spicer Clerk
Among others were the following proceedings, to wit.In the matter of the [squiggly line] Be it remembered that on this
day of December in the year
of our Lord one thousand eight hundred and fifty the said Jacob Cook filed in the District Court here a Petition in the words following, to wit.To the Honorable U. S. Heath Judge of the District Court of the United States for the District of Maryland.
The Petition of Jacob Cook of the City of Baltimore, Maryland, respectfully represents unto your Honor that he is the owner of divers slaves for life, viz. Ellen Green, aged 38 years, Matilda Green aged about 20 years, John Green aged about 13 years, and Andrew Jones aged about 28 years.
That he purchased said slaves from James H Stimpson, Trustee of Mrs Emily McTavish under the last will and Testament of Mrs Mary Caton, Baltimore, said sale being made with the pprobation of Mrs McTavish on the 24th December 1850, in the City of Baltimore, said slaves
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at the time of such sale being fugitives from justice. That said slaves absconded from the service of said Stimpson, Trustee for the benefit of Mrs McTavish, said Trustee and Mrs McTavish then as now being residents of Baltimore City, on or about the middle of May 1849 and the said Slaves of your petitioner is according to the best of his knowledge and belief now living in the State of Pennsylvania.
To the end therefore that your Petitioner may recover his said slaves and regain their services due unto him, he prays your Honor to enquire into the matters and facts alleged in this petition, so as to enable him to obtain the benefit of the Act of Congress passed at the first session of the 31t Congress, entitled “An Act supplementary to the Act respecting fugitive from justice, and persons escaping from their Masters approved February 12th in the year 1793, and as in duty bound.
will ever pray [H?]
Jacob Cook.
State of Maryland [squiggly line]
City of Baltimore [squiggle followed by illegible abbreviation]
on this 26th day of December 1850, before the subscriber a Justice of the Peace of the State of Maryland in and for the City of Baltimore personally appears Jacob Cook being known to me as the party signing the forgoing Petition and on being sworn on the Holy Evangely of Almight God; declares and says that the matters and facts alleged in forgoing petition are just and true.
W. B. Nelson [underscored]
[page 3]
2.
United States of America
Maryland District, [S?]
Be it remembered, and it is hereby Certified, that on this twenty sixth day of December, in the1 [in margin]
year of our Lord on thousand eight hundred and fifty, personally appeared James H Stimpson, of the City of Baltimore, and state of Maryland, a witness of lawful age before me Upton S Heath, a Judge of the United States in and for the Maryland District, aforesaid, at the office of the Clerk of the District Court of the said United States in said City and District, ( +2. who 3? being duly sworn according to law) did depose and say; that he is personally acquainted with and knows well the slaves in the Petition mentioned, that is to say Ellen Green, aged about thirty eight years (38). Matilda Green aged about twenty years, (20). John Green aged about thirteen (13.) and Andrew Jones aged about twenty eight years. (28). That the said negroes are slaves for life and belong to and are the property and slaves of Jacob Cook, the Petitioner of the City of Baltimore. That the said Negroes were the slaves and property of Mary Caton, deceased, who devised them by her Testament and last will to this deponent, to hold them as Trustee for the sole and separate use and benefit of her Daughter Emily McTavish of the City of Baltimore.
That he this deponent with the Concurrence of the said Emily McTavish sold the said Negroes at private sale to the Jacob Cook, and that the he said deponent and the said Emily McTavish executed a Bill of Sale transferring the said Negroes to the said Cook. That he the said Deponent has known the above named Negroes as slaves since the year eighteen hundred and thirty eight, when they were in the possession
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of and owned by the said Mary Caton, now deceased, That all the said Negroes or slaves absconded and ran off together, on or about the 14t day of May in the year eighteen hundred and forty nine. That upon the death of Mary Caton and the proof of her will the said Negroes were and always remained in the deponent’s possession until the time of their absconding and running away. That Ellen Green above named, is about thirty eight years of age, of very light complexion, a very light Mulatto he would say. Tall and very slender in her person. No particular marks that he knows of, she had very pleasant features, and was good looking. That the age of the said Matilda Green is about twenty years. That she too has a very light complexion, a light Mulatto; her complexion is similar to that of Ellen Green, the said Matilda Green is tall and slender, in her person. No particular marks recollected. She was very handsome for Mulatto.
John Green is of light complexion, tall for his age and slender, which is about thirteen years. He the said John Green has grey eyes. This deponent does not recollect observing any particular marks about him. That Andrew Jones is about a medium height, the deponent never measured him, but thinks he is about five feet seven or eight inches high—his frame when he absconded was not remarkable, he was not of a very full habit, nor yet lean, he was of ordinary frame, there were no particular marks about his person that eh deponent is aware of or recollects. ^ His head was what is called wooley. His complexion was dark but not so dark as some Negroes.
And I do further certify that the said Petitioner provided and filed with me a certified copy of the said
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Testament and last Will of the said Mary Caton ^and the letters of administration thereon grants, deceased^ and also the certified copy of the Bill of Sale from the said James H Stimpson and the said Emily McTavish to the said Jacob Cook which are in due form of Law, and are hereby made part of this proceedingMary Caton’s
Last will & Testament [squiggly line]
I Mary Caton, widow of Richard Caton late of the City of Baltimore deceased, and daughter of Charles Carroll of Carrollton deceased, do make this my last will and Testament, hereby revoking all former wills by me heretofore made.
Whereas by the last will and Testament of my said deceased Father Charles Carroll of Carrollton, and also by a certain Indenture bearing date 2d June 1834 from William Woodville and Richard S Steuart to John H B. Latrobe, and by another Indenture from the said John H. B. Latrobe to Josias Pennington and Samuel Hoffman bearing dates 19t October 1844, recorded among the Land Records of Baltimore County Court, in Liber J.K. No. 346, folio 177[dc?]. full power and authority are given to me to dispose of and devise by last will and Testament, certain property and Estate therein mentioned. And whereas I am entitled to certain property real and personal, in my own right purchased with my own means, all of which I intend to devise and dispose of in execution of the persons vested in me as aforesaid in and by this my last will and Testament.
I do therefore devise and bequeath to my friends
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Josias Pennington and Samuel Hoffman of the City of Baltimore, and to the survivor of them, and to their Heirs, Executors and administrators of such survivors, all the Estate and property of every kind belonging to me, or in or over which I have any right, power or authority; To hold the same in trust for the sole and seperate use and benefit of my four daughters Mary Ann Marchiness of Wellesley, Elizabeth (now Lady Stafford) Louisa Catharine (now Duchess of Leeds) and Emily Mactavish their Heirs and representatives as tenants in common, share & share alike, free from the control and from all right power and privilege of their present or future husband respectively, and from all liability from their debts or engagements, with full power and authority to my said daughters and to each of them in respect to her share or interest in my estate to devise the same by last will and Testament, or by any instrument in the nature thereof, as fully as if they were femmes soles.
And I do hereby give full power and authority to the said Josias Pennington and Samuel Hoffman, and to the survivor of them, and to the Heirs of such survivor to sell, lease and convey all and every part of my real Estate which they may deem advantageous they holding the proceeds thereof subject to the orders and directions of my said daughtersaccording to their respective interests therein.
I give bequeath and relinquish to my said daughters Mary Ann (Marchiness of Wellesley) and Elizabeth (Lady Stafford) the amounts they respectively owe me or my Trustees for moneys heretofore paid or remitted to them out of my Estate, intending hereby to release my
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said daughters of and from all claim and demand of principal and of interest which I or my representatives, or the Trustees of the Estate, held for my use under my said deceased father’s will or otherwise may have against them or either of them for or on account of said advances or remittances.And if it should be necessary to relieve my said daughters or either of them from the payment of the said sums of money or any part thereof, I do give and bequeath to the Executrix of this my will such an amount ^out of my Estate as may equal the indebtedness of my said daughters to me or to my representatives or Trustees –In trust to apply the same to the payment and extinguishment of their said debts; and in order effectually to insure this object, I hereby charge my whole estate with the payment thereof.
I give and bequeath to my said daughter Emily Mactavish all my slaves in the City of Baltimore at Brooklandwood or elsewhere, to and for her sale and separate use and benefit.
I hereby appoint my said daughter Emily Mactavish Executrix of this my will.
In witness whereof I the said Mary Caton have been here unto set my hand and seal this thirteenth day of June in the year of our Lord eighteen hundred and forty five.
Mary Caton seal [encircled]
Signed, sealed, published and declared by the Testatrix Mary Caton as and for her last will and Testament, in our presence, who at her request in her presence, and in the presence of each other have subscribed our names as witness hereto;
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the same having been first carefully and distinctly read to her.
Wm Clagett
Geo Musgrave
J. Pennington
Baltimore County S. S.On the 20h day of November 1846 came William Clagett, George Musgrave and Josias Pennington, the three subscribing witnesses to the aforegoing last will and Testament of Mary Caton late of said county, deceased and made oath on the Holy Evangely of all mighty God, that they did see the Testatrix sign and seal this will, that they heard her publish pronounce and declare the same to be her last will and Testament, that at the time of her so doing she was to the best of their apprehensions of sound and disposing mind, memory and understanding, and that they subscribed their names as witnesses to this will in her presence, at her request, and in the presence of each other.
Sworn in Open Court.
Test. D. M Perine, Register of
Wills for Baltimore County.
Wills for Baltimore County.
I Mary Caton, widow of Richard Caton late of Baltimore County deceased, do make this as a codicil to my last will and Testament.
I give and bequeath to James H Stimpson my pew in the Cathedral and my other pew in the Church of St. Vincent de Paul; also all my wearing apparel and the furniture at Brooklandwood and my dwelling house in the City of Baltimore, including table furniture, books t of no part of which do I wish an inventory to be returned.
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I also give and bequeath all my servants and slaves to the said James H Stimpson. In Trust nevertheless, as to said Pews, wearing apparel furniture, books and slaves for the sole and separate use behoof of my daughter Emily Mactavish wife of John Mactavish and for the use of her children in the event of her death before this bequest shall take effect.Thereby revoke so much of my said will a may be in inconsistent herewith, satisfying it in all other respects. In Testimony whereof I have hereunto set my hand and seal this thirteenth day of October 1845.
Mary Caton seal [encircled]
Signed sealed and published by the Testatrix as and for a Codicil to her last will and Testament in our presence who at her request, in her presence and in the presence of each other, have subscribed the names as witnesses thereto.
M. C. Jackson
M. Mackenzie
Geo Neilom.
Baltimore County, S. S.On the 20t day of November 1846 came Maria C Jackson, Mary MacKenzie and George Neilom the three subscribing witnesses to the aforegoing Codicil to the last will and Testament of Mary Caton, late of said county deceased and made oath on the Holy Evangely of Almighty God that they did see the Testatrix sign and seal this Codicil, that they heard her publish, pronounce and declare the same to be a Codicil to her last will and Testament, that at the time of her so doing she was to the best of their
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apprehensions of sound and disposing mind, memory and understanding, and had they subscribed their names as Witnesses to this Codicil in her presence, at her request and in the presence of each other.
Sworn in open Court,
Test. D.M Perine. Register of Wills
For Baltimore County.
Whereas I have already bequeathed to James H Stimpson in trust for my daughter Emily Mactavish free from the control of her husband all my slaves and furniture, I wish it distinctly understood that my intention was to give to James H Stimpson in trust for that object not only the said furniture and slaves, but all the personal property belonging to me, either in the house and upon the premises – so as to prevent a sale of my effects. In case of the death of my daughter Emily Mactavish, I wish James H Stimpson to hold the above bequest in trust for her children. Carrollton Hall, September 10t. 1846
Witness Mary Caton
Sophia Campbell
Mary MacKenzie
Baltimore County S.S.
On the 20h day of November 1846 came Sophia Campbell and Mary MacKenzie the two subscribing witnesses to the aforegoing second codicil to the last will and Testament of Mary Caton late of said county deceased, and made oath on the Holy Evangely of Almighty God that they did see the Testatrix sign this codicil, they they heard
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her publish, pronounce and declare the same to be a second Codicil to her last will and Testament, that at the time of her so doing she was to the best of the apprehensions of sound and disposing mind, memory and understanding, and that they subscribed their names as witnesses to this Codicil in her presence, at her request, and in the presence of each other.
Sworn to in open Court.
Test. D. M Perine Register of Wills
for Baltimore County.
In Testimony that the aforegoing is a true Copy taken from “Wills” Liber D.M. P. No. 21 folio 295 it being one of the Records in the office of the Register of Wills for Baltimore County
Seal [encircled] I hereunto subscribe my name and affix
the seal of my Office this twenty sixth day of
December in the year of our Lord Eighteen hundred and fifty.
Test. D. M. Perine Register of Wills
for Baltimore County.
The State of Maryland.
I Charles Howard, Presiding Justice of the Orphan’s Court for Baltimore County, in the Sate aforesaid, do Certify that the aforegoing attestation by David M. Perine, Register of Wills for said count, is in due form, and by the proper Officer. Given from under my hand at the City Baltimore this 26t day of December in the year of our Lord, on thousand eight hundred and fifty.
Charles Howard.
Maryland S. S.
I hereby certify that Charles Howard Esquire
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who has subscribed the aforegoing Certificate, was at the time of so doing the presiding a chief Justice of the orphans court in Baltimore County duly commissioned an qualified according to law.
Seal [encircled] In Testimony whereof I here onto
subscribe my name and affix the seal of the
said Orphans Court this twenty sixth day of
December in the year of our Lord one
thousand eight hundred and fifty.
Test. D.M. Perine, Register of wills
for Baltimore County
The State of Maryland
Baltimore County SC.
The subscriber, Register of Wills for Baltimore County, doth hereby certify, that it appears by the Records in his office, that the Letters of Administration of all the goods, chattles and credits of Mary Caton deceased, was on the twentieth day of November in the year of our Lord one thousand eight hundred and forty six granted and committed unto Emily Mactavish the executrix by the last will and testament of the said deceased, appointed.
Seal [encircled] In Testimony whereof, I here unto subscribe
my name and affix the seal of my office
this 31t day of August in the year of our
Lord eighteen hundred and fifty.
Test
Register of wills for
Baltimore County.
Maryland Jct
I Charles Howard Presiding Justice of the Orphans Court for Baltimore County, in the state aforesaid
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do certify that the aforegoing attestation of David M Perine Register of Wills for said county, is in due form and by the proper Officer. Given from under my hand at the City of Baltimore this 31t day of August in the year of our Lord one thousand eight hundred and fifty.Charles Howard
Maryland [unknown character]
I hereby certify that Charles Howard Esquire who has subscribed the aforegoing certificate was at the time of so doing, the presiding or Chief Justice of the Orphans Court for Baltimore County, duly commissioned and qualified according to law.
Seal [encircled] In Testimony whereof I here unto Subscribe
my name and affix the seal of the said
orphan’s Court this twenty sixth day of December
in the year of our Lord on thousand eight hundred
and fifty.
Test. D. M. Perine. Register.
[In margin xx, curved line, 4]
Know all men by these presents, that I James H Stimpson, trustee of Mrs Emily McTavish of Baltimore City and state of Maryland, for and in consideration of the sum of Fifteen hundred Dollars lawful money of the United States in hand paid by Jacob Cook, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged. Have granted, bargained and sold, and by these presents do grant bargain and sell unto the said Jacob Cook, his Executor, administrators and assigns, the following slaves for life, viz. Ellen Green aged about 38 years, Matilda Green
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aged about 20, John Green aged about 13 and Andrew Jones aged about 28 years; said slaves having been devised to me by the last will and Testament of Mrs Mary Caton, late of Baltimore City deceased, to hold the same in trust for her daughter Mrs Emily McTavish, the said Emily McTavish ratifying and approving of said sale as evidenced by her signature hereto – said slaves are runaways, and are believed to be now in the City of Philadelphia, in the State of Pennsylvania. To have and To hold the said described slaves, Ellen, Matilda, John and Andrew, to the said Jacob Cook, his Executors, administrators and assigns forever- and I the said James H Stimpson Trustee for himself, his Heirs, Executors, and administrators the said slaves unto the said Jacob Cook, his Executors administrators and assigns against me the said Trustee, my Executors and administrators, and against all and every other person or persons whatsoever, shall and will warrant and forever defend by these presents. In witness whereof we have hereunto set our hands and seals this twenty fourth day or December Eighteen hundred and fifty.
Signed Sealed and [squiggly line] James H Stimpson Trustee seal [circled]
Delivered in presence of Emily McTavish seal [circled]
Wm B Nelson
State of Maryland
Baltimore City Sct
Be it remembered that on this twenty fourth day of December the subscriber a Justice
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of the Peace for said City appears James H Stimpson, Trustee, and Emily McTavish, and acknowledges the above Instrument of writing to be their Act and Deed, according to the true intent and meaning thereof; and at the same time appeared before me Jacob Cook the Grantee in the said Bill of Sale named, and made oath that the consideration set forth in said Bill of Sale is true and bonafide as therein set forthW B Nelson
Received of Grantee in lieu of Stamp one dollar under Act 1846 Ch 61. This 26: day of December 1850
W. Bradford [illegible mark]
State of Maryland. Baltimore County Sct
I hereby certify that William B Nelson Esquire before whom the annexed acknowledgment and affidavit was made and who has thereto subscribed his name was at the time of so doing a Justice of the Peace of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn
Seal [encircled] In Testimony whereof thereto set my hand
and affix the seal of Baltimore County Court
this twenty sixth day of December A. D.
1850
A.W. Bradford Clerk
Baltimore County Court
Received to be recorded the 26 day of December 1850
At 4 O Clock P.M. same day recorded & examined.
per A. W Bradford [illegible mark]
In Testimony that the within and aforegoing is a true copy taken from Liber A.W. B. No 81 folio one of the Chattle Records of Baltimore County
I
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Seal [encircle] I hereto set my name and affix the seal
of Baltimore County Court this twenty
sixth day of December Anno Domini 1850
A.W. Bradford [illegible mark]
Balt. Co. Ct
Maryland Jct:
I William Frick Chief Judge of the sixth Judicial District of the State of Maryland, and Chief Judge of Baltimore County Court, do Certify, that the foregoing attestation of A.W. Bradford Clerk of the said Court is in due form. Given under my hand at the city of Baltimore this 26 day of December 1850.
W. Frick.
Maryland Jct
I, A W Bradford Clerk of Baltimore County Court do hereby certify that the aforegoing attestation of William Frick Chief Judge of the sixth Judicial District of Maryland, was at the time of so doing Chief Judge aforesaid duly commissioned and sworn.
Seal [circled] In Testimony whereof I hereto set my name
and affix the seal of Baltimore County
Court this twenty sixth day of December 1850
xxxx [in margin] A. W Bradford [illegible mark]
Balto Co Ct
And I do further certify that the aforegoing testimony having been taken by me, and the same being deemed by me sufficient and satisfactory proof of the escape of the slaves therein mentioned and that they owed service and labor to the within named Petitioner Jacob Cook, and it is therefore
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this twenty sixth day of December in the year eighteen hundred and fifty adjudged and ordered that these proceedings be admitted to Record according to the provision of the Act of Congress in such case made and provided.
U. S. Heath
Dt Judge
In Testimony that the aforegoing is a true Copy taken from the Record and proceedings of the District Court aforesaid,
I hereunto subscribe my name and
affix the seal of the said District Court
this twenty seventh day of December
in the year of our Lord one thousand
eight hundred and fifty
Tho Spicr [illegible mark][illegible mark]
The United States of America
District of Maryland Court
I, U.S. Heath Judge of the District Court of the United States in and for the Maryland District do hereby Certify that the foregoing attestation by Thomas Spicer clerk of the said District Court is in due form. Given now my hand and seal at the City of Baltimore in the District aforesaid this twenty seventh day of December in the year of our Lord one thousand eight hundred and fifty
U S Heath
District Judge Seal [circled]
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The United States of America
District of Maryland to wit
I Thomas Spicer Clerk of the District of Maryland in and for the Maryland District, do hereby Certify that the Honorable Upton S Heath, whose name is subscribed to the aforegoing certificate, was at the time of signing the same and now is Judge of the United States, in and for the Maryland District duly commissioned and qualified and to all his acts as such full faith and credit is and ought to be given. As well in Courts of Justice as thereout.In Testimony whereof I here unto subscribe
my name and affix the seal of the
said District Court this twenty seventh
day of December in the year of our
Lord one thousand eight hundred and fifty.
Tho. Spicer [underscored followed by abbreviation for Clerk District Court]
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 278795
Full Citation: Jacob Cook's Original Fugitive Slave Petition and Ownership Documentation: Affidavits; ca. 1850; Jacob Cook's Original Fugitive Slave Petition and Ownership Documentation; Fugitive Slave Case Papers, 1850–1860; Records of District Courts of the United States, Record Group 21; National Archives at Philadelphia, Philadelphia, PA. [Online Version, https://www.docsteach.org/documents/document/jacob-cooks-original-fugitive-slave-petition-and-ownership-documentation-affidavits, April 23, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.