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| Title | YERGER, SAMUEL, ADS |
| Subject | Slavery |
| Description | Papers Pertaining to the Institution of Slavery, 1809-1866 SHH VI:13 YERGER, SAMUEL, ADS, Galveston, June 16, 1847. Petition for the recovery of slaves "named George and John who... were fraudulently and clandestinely removed...from the state of Mississippi to the Republic of Texas." 3 pp. 8 x 12 |
| Identifier | SHHManuscripts/SHHVI/13/SHHVI_13p1.jpg |
| Location | SHH\SHH_MULTI_ORIG\SHH_MULTI_ORIG_02\SHHManuscripts\SHHVI |
| Scope and Content Note | The earliest document (May 24, 1809) concerns receiving a slave called Jess, the transaction taking place in New Orleans. There are descriptions of the hire of slaves belonging to third party owners, recovery of slaves, slave inventories for the sake of evaluating an estate, the sale of a woman named Ester, a promissory note charged against the value of a "good likely young black woman not more than twenty years old", descriptions and valuations for a wide range of monetary compensation depending on the age, complexion, and gender of the individual. The collection concludes with a petition to the court requesting that a colored girl be "bound for a period of eighteen years in exchange for her care and permission to adopt the petitioner's name" dated 1866 which, if granted, would perpetuate the "peculiar institution" beyond the time of emancipation. |
| Transcript | State of Texas. Galveston County. To the Hon. C. W. Buckley, Judge of the Seventh Judicial District of the State of Texas, or to James W. Moore, Clerk of the District Court of the County of Galveston. The supplemental petition of Parthenia Thornhill, who sues by her next friend Alexander Fennel, would respectfully represent, that on the 24th day of March 1846, she filed her petition in the Clerk’s office for the District Court, of the County of Galveston, founded on a judgment which said Petitioner had obtained against one John F. Cook, in the Circuit Court of Madison County, in the State of Mississippi, for the recovery of negro slaves, named George and John who it is charged in said Petition were the property of said Plaintiff, and were fraudulently and clandestinely removed by said defendant Cook from the State of Mississippi to the then Republic of Texas pending the suit for the trial of title to the same, and praying for a writ of sequestration, to direct the sheriff to take said negroes into his possession, and keep them unless replevied to have them forthcoming on the final trial of the cause, for the reasons set forth in said petition that she fears the said Cook will ill-treat the said slaves, and that he will send them beyond the jurisdiction of this Court unless restrained by an order of this honorable Court; which slaves, together with the amount of hire received by him she alledges (sic) to be worth the sum of three thousand dollars. Petitioner further states that upon said petition, writs of sequestration were issued by the then clerk of this Court, without an order from the Judge, upon which said slaves were taken by the Sheriff and replevied by the defendant, that an amended petition in the cause was filed, by Plaintiff on the 19th May 1847, which original and amended petition and the record of the judgment, made an exhibit therein, are herewith filed marked A. & B and prayed to be taken as a part of this petition, and the original petition to be taken and considered as the foundation or basis for the writ of sequestration prayed for by the present petition, and adopted as part of this. Your Petitioner would further state that at the May Term 1847, of the District Court of Galveston County said writs of sequestration were quashed on motion, on the ground that they were improvidently issued, because issued by the Clerk without the order of a Judge directing the same as required by the law in force at that time. Petitioner further states that the same causes for a writ of sequestration exist now that did exist at the time of the filing of the original petition, and making affidavit thereto; that she fears, as then did, that said slaves will be taken out of the state, or beyond the jurisdiction of this Court before a trial can be had, unless restrained by the process of this Court. Wherefore she prays, as she has done in her original petition, that writ of sequestration may issue, directed to the Sheriff of Jackson County where said negroes now are in the possession of said Cook, commanding him to take said negro slaves into his possession and to have them forthcoming, at the trial of this cause, to answer such order, judgment or decree, as may be made herein unless they are replevied by said defendant, as required by law; and that a summons issue commanding said Cook to be and appear before this Hon. Court at its next session to be held for said County in the city of Galveston on this 1st Monday in November next, then and there to answer this petition and the original and amended petitions, on which this is based – and that a judgment may be rendered against said Cook for said negroes, the amount their hire and costs of suit and such other and further relief grant in the premises, as to right and Justice shall appertain – as in duty bound she will ever pray. Saml. Yerger Atto. for Petitioner Parthenia Thornhill by F. vs. } Sup. Petition. John F. Cook. Filed June 14, 1847 Writ of Sequestration Summon and copy of petition issued June 16, 1847 M. Moore clerk copy 1.00 Saml Yerger Atto. for Petitioner. |
| Link | http://www.shsu.edu/~lib_www/ |
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| Title | 13p1 |
| Link | http://www.shsu.edu/~lib_www/ |
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