Small, John and Mark Barnett adv U S

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Small, John and Mark Barnett adv U S

Indiana Territory. Court of Common Pleas (Knox County)

Indiana Territory. Circuit Court (Knox County)

2018-09-27

An indenture of the child Nancy made May 8, 1805 and witnessed by Francis Vigo and Peter Jones, Overseers of the Poor for Vincennes Township, Knox County Indiana Territory by the appointment and consent of George Wallace and Able Westfall. They are two justices of the peace who have put and placed Nancy Henry, a poor mulatto girl, of the said township and county apprenticed to John D. Hay now of County and Territory within to dwell and serve from the day of the date of these present until the said apprentice shall arrive at the age of 18 years. This is according to the act of assembly made and provided on which apprenticeships will continue for and during the term or period of 15 years from the date here of. During which time the said apprentice her said master faithfully shall serve in all lawful business according to her proven wit and ability and shall serve honestly, orderly, and ability in all things. She shall behave herself towards her master and all his during the said term being said of John D Hay for himself and his heirs executors and administrators. John Hays doth covenant and agree with the said Francis Vigo and Peter Jones Overseers of the Poor. It is ordered that during her indenture with John D. Hay Nancy is to be taught knitting, spinning, sewing and all kinds of knitting work and she is to be allowed food sufficient meat, drink and lodging fit for an apprentice and also should provide for the said apprentice without charge to the township or Overseers of the Poor and hold the township harmless of charges during her term as an indentured servant. The document is signed by Vigo, Peter Jones, and John D. Hay. The U. S. commands John Small and Mark Barnett of Knox County, Indiana to bring the body of Nancy, an infant child of Lucy, a woman of color, detained in your custody or whatever name she goes by brought instant to the chambers so that upon inspecting the promises made and to decided what of right and according to law ought to be done. The document was witnessed by Judge Benjamin Park on April 29, 1813. Mark Barnett responds that Nancy is not in his possession or custody and she has never been. George Wallace Jr. and Abel Westfall, two of the justices of the county of Knox Indiana Territory do hereby certify and declare our consent to the putting forth the said Nancy Henry apprentice to said John D. Hay according to the intent and meaning of the indenture above written and witnessed with our hands. The document is signed by Able Westfall and George Wallace on May 8 1805. Upon the aforesaid indenture is the following assignment for sufficient consideration: I assign without recourse all my interest of in and to the within indenture to John Small his executive administrator or assignee. This document was witnessed by my hand, John D. Hay, and by Small at Vincennes on August 6, 1805, The document was witnessed by Richard Brown Jr. and Antony Marshall as the cause of caption and obstruction. The document is signed by John Small. An affidavit is filed in the case of Nancy Henry vs John Small. General W. Johnston swears that when he purchased the indenture of Lucy (the refuted mother of the above Nancy) from Toussaint Dubois, which was some years previous to the indentures from the Overseers of the Poor to John D Hays it was under the expressed stipulation that he should not pretend to or set up any claim to the said Nancy or her services. Also that when he transferred the indenture of the said Lucy or Lace and that of her husband John Henry to John D. Hay it was also stipulated between himself and the said Hay that Hay should not pretend to or set up any claim to the said Nancy or her services in consequence of the purchase made by him of the above. He believes that the condition of purchase between himself and Dubois and himself and Hay were produced in writing if so and from Hay and himself now amongst his other colored like peoples at Jeffersonville. The above was sworn in open court August 2nd, 1813 and witnessed by R. Buntin, Clerk. A summons for Jacob Kuykendall and executed by James Gibson for Benjamin Beckes with the cost to serve being $.56 1/2 is filed. Jacob Kuykendall is to come to court now to give evidence on behalf of the U. S. before the Grand Jury. A $100 penalty for failure to appear will be applied. The document was signed by R. Buntin on August 2, 1813. A recognizance bond for $300 for John Small and Hyacinth Lasselle is filed. They indebted themselves to the U. S. and are bond of their goods, chattels, lands and tenements, respectively in default of the following conditions: On the complaint of Lucy a woman of color that her child Nancy was illegally obtained in the custody of John Small or Mark Barnet or both of them, a writ of Habeas Copias was issued by me to bring the said Nancy before me with the cause of caption and detention of the said Nancy and the said John Small has acknowledged that the said Nancy was in possession and has returned as the cause of the caption and detention of the said Nancy certain indenture of apprenticeship of Peter Jones and Vigo Overseers of the Poor of the Township of Vincennes in the said county to John D. Hay of the said Nancy and an assignment of the said indenture by the said John D. Hay and the said John Small and the undersigns having thoughts proper to adjourn the case to the next Circuit Court to be held at Vincennes in and for the said county or the first Monday in August next now the condition of this recognizance is such that if the said John Small shall personally be and appear before the said court on the first Monday in August next and then and there produce other said court the said Nancy the child of the said Lucy to await and abide the decision of the said court in regards of the promises then this recognizance to be void otherwise and be and remain in full force and virtue. This oath was taken before and acknowledged by B. Park on April 13, 1813. In the case of the Habeas Copias against John Small it appears that the Overseers of the Poor for the township of Vincennes with the consent and approbation of two justices of the peace for the same county by indenture put Nancy Henry, a mulatto child, an apprentice to John D. Hay until she is arrive at the age of 18 years. Hay assigns the indenture of to Colonel Small under which the latter gentlemen claims a right to the favors of the child until she is 18. He further appears with an affidavit of G. W. Johnston that he had an indenture on Lucy, the mother of the child and while he had transferred to J. Hay but stipulating at the same time that J. Hay should have no claim what so ever to the said child or her services in consequence of the assignment of her mothers indenture. These appear to be the facts that appear to the court. The Overseers of the Poor had a right to bind this child as an apprentice. Furthermore it states that the indenture J. Hays was executed with the formality and according to other provisions of the Act for the Relief of the Poor of 1807 and the revised code and as to the facts disclosed by the affidavit of W. Johnston. J Hays agreeing with him to disclaim all portions to the child. He also agrees that her services would not entail the Overseers of the Poor in bringing her to him or to any of his persons in case they had found her an object of the poor laws. It was suggested on behalf of Colonel Small that this court had not heard the case that it belonged exclusively in the other Court of Common Pleas and a supplement to an act respecting apprentices papers of 1810 was referred to. The claim sites not ill usage but as to rights John Small has over the child at all. The indenture of John D. Hay not to him or his assignees. Since Hay has signed over the mother into someone else he has forfeited his rights over the child and he has not provided the necessary requirements of learning. The color of the child makes no differences as it is fostered with others under the poor law and the child must not be discharged and she was to serve Hay.

Indiana Territory

Affidavits -- Indiana Territory

African American children -- Indiana Territory

African American men -- Indiana Territory

African American women -- Indiana Territory

Apprentices -- Indiana Territory

Child slaves -- Indiana Territory -- Knox County

Complaints (Administrative procedure) -- Indiana Territory

Contracts for work and labor -- Indiana Territory

Depositions -- Indiana Territory

Petitions -- Indiana Territory

Poor laws -- Indiana Territory

Northwest Territory (Knox County). Overseers of the Poor

Real property -- Indiana Territory

Subpoena -- Indiana Territory

Summons -- Indiana Territory

Witnesses -- Indiana Territory

Writs -- Indiana Territory

Court Records

Indiana Memory

English

text

http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/25762

Indiana Territory

Affidavits -- Indiana Territory

African American children -- Indiana Territory

African American men -- Indiana Territory

African American women -- Indiana Territory

Apprentices -- Indiana Territory

Child slaves -- Indiana Territory -- Knox County

Complaints (Administrative procedure) -- Indiana Territory

Contracts for work and labor -- Indiana Territory

Depositions -- Indiana Territory

Petitions -- Indiana Territory

Poor laws -- Indiana Territory

Northwest Territory (Knox County). Overseers of the Poor

Real property -- Indiana Territory

Subpoena -- Indiana Territory

Summons -- Indiana Territory

Witnesses -- Indiana Territory

Writs -- Indiana Territory

Court Records