Petition of London 1790-020 [1786] - Transcribed by Gail M. Walczyk
Spelling remains the same
London vs . . . . . Bill Kellam
Accomack
Ss To the worshipfull Justices of the County aforesaid in chancery humbly complaining
sheweth unto your worships. That your Orator Negro London being a slave to a certain
John Savage of the County afd. who being about to remove from home a great distance
to the Westward. to his said master the cruelty of forcing him from his tenderest
connections, as your Orator was willing and by the assistance of friends able to
pay down to his said Master the full value of your Orator. That the sd. John Savage
after much intreaty consented to accept from your Orator the sum of £40 specie
in full for your Orators service during life. which sum your orator while friends
some of whom are now living actually paid to the said John Savage before he left
the afd. which was about thirty years ago. That your Orator from the departure of
his said master was permitted to act for himself, and by his honest industry in a
few years acquired property by which he faithfully reimbursed his friends before
mentioned. That after this Your Orator saw with great concern that the afd. Savage
had left in this county afsd. two infant daughters who being must affected with scanted
heads were in a suffering condition and without friends to assist them. Your Orator
being moved by the pitiful condition of his masters children employed persons to
undertake their cure, which was happily affected. That during the time of their illness
and for several years afterwards they were entirely supported by the personal Labour
of your orator; untill they acquired Strength to maintain themselves. Your orator
haveing as before recited paid the sum of £40 for himself, and also paid for
the cure and mantainance of his two your Mistresses until they were able to support
themselves. Began to hope that his trouble and [-----] were now at an end: and that
he might date his happiness form that period. But your Orator is sorry to observe
that his happiness was of short duration. Fro a few years his two young mistresses
intermarried one with John Custis Sea side, and the other with John Kellam who shortly
afterwards Jointly claimed your orator under a bill of sale for said John Savage
to a certain Michael Christian and sold him at publick sale., under and by virtue
of the aforesd. bill of saile assigned them by the afd. Christian when John Kellam
the present holder of your orator became the purchaser and took possession of your
orator and recd. the profits of your orators labour twenty years or upwards. Your
Orator believes that it can be made appear upon the most moderate calculation that
he had rend. to his master and his two daughter afd. the sum of two hundred and fifty
pounds. Your Orator would humbly suggest further to your worships that it can be
made appear that the aforesaid bill of sale was only given by the aforesaid John
savage to the said Michael Christian as a security against his the said John Savages
children claiming a certain Negro man Daniel from the said Christian which said Negro
Daniel was devised to John Savage for life with remainder to his children by a certain
Berry Floyd and sold by said Savage to said Christian and the afd. bill of sale given
on your orator to secure the title of Daniel; and that the said Christian afsd. this
bill of sale to said John Kellam & John Custis which was only to be in force and
take effect at the death of the said John Savage; and your Orator can make it appear
that the said John savage is still living and that the contingency on which this
bill of sale was to take effect has never yet fallen. Your Orator conceives that
he is intituled to the amt. of his services rendered the said John Kellam while he
was then oppresivity held in slavery which amt. to the sum of 250 together with two
Mares a saddle & bridle which the said John Kellam took from your Orator who had
bought & paid for them with the profits of his labour. He therefore prays that your
worships will take into consideration the oppressed state in which he is at and do
whatever (the premisses being considered) may seem Just and equitable to good conscience.
may it please your worships to grant to your Orator the Commonwealth writ of Subpoena
&c --- Thomas Cropper P. Que
London vs . . . . . Chany Kellam Summoned John
Bull S.S.
The Common Wealth of Virginia to the Sherif of Accomack county Greeting,
We Command you that your Summon John Kellam Seaside to appear before our Justices
of our Court of our said County in chancery at the court house on the last Tuesday
in May next to Answer a Bill in chancery exhibited against him by London,
a free Man, and this he shall in no wise Omit under the Penalty of One hundred pounds
and have then there this Writ witness Littleton Savage clerk of our said court at
the Court house this 10th day of April 1789 In the 13th year of the Commonwealth. Litt.
Savage
And the sd. John Kellam comes & says that he the sd. John Kellum is
not bound either in law or equity to answer to the bill of complaint of the sd. complainant,
because he the sd. John Kellam saith that the sd. complainant is the proper slave
of him the sd. John Kellum, wherefore he prayeth the judgmt. of this worshipful court
if he the sd. John Kellum is bound to answer the sd. complainant.
And the
said London by Thos Cropper his Attorney says that he ought not,
by any thing alledged by the Deft. to be bared of his demand as set forth in his
said Bill of complaint, because he saith that he is a free Citizen and as such may
of right prosecute any suit either at law or equity: without that, that he the said
Plt. is the proper Slave of the said Deft., Wherefore he prays that devise of the
Court whether the the said Deft. shall not be bound to answer the said bill &c
Sir, Take
Notice that I shall take the depositions of Arthur Roberts, John Custis'. Peggy Savage,
William Floyd, William Harmon, Joshua Wyatt, & Archabald Garrison, at the House of
Zorobabel Grotens between the house of ten in the morning & Sunset of the 20th April
1790 in the suit depending in the court of Accomack in Chancery between you & Lun
a black man for his freedom & Services a Greeable to the bill pursuant to dedimus
for that purpose by me obtained Tho: Cropper Att for Lun
April 9th
1790 Accomack county to wit
This day Coventon Mears mad oath before me
a Justice of the peace for the county of Acco. afsd. that he delivered to John Kellam
on the 10th day of April 1790 a copy of the above notice in writing & informed him
the purport thereof --- Given under my hand this 10th day of April one thousand seven
hundred & ninety John Croppper Jr.
The common Wealth of Virginia to Thomas
Parker Edw Ker & Geo Ker Gent: greeting Know ye that the court of Accomack county
trusting to your fidelity & provident circumspection in diligently examining whatsoever
witnesses as well on behalf of London a black man Plaintif as on behalf of John Kellam
defendt. Command you or any two or more of your that at such certain days and places
as you Shall appoint you assemble yourselves and the witnesses aforesd before your
or any two or more of you, you call & cause to come & diligently examine on the holy
evangelists of almighty God and their Examination into the court of Accomack County
distinctly & plainly without delay you shall send & Certify enclosed returning also
to us this writ witness Littleton Savage Clerk of the said Court at the Court house
this 17th day of April 1790 Littlton Savage
London Black Man Pltf vs . .
. . .in chancery John Kellam deft.
The deposition of Arthur Roberts Senr.
aged 57 years and upwards being sworn on the Holy Evangelist of Almighty God deposeth
and saith. that he was one ot he men who paid John Savage forty pounds specie for
the freedom of Negro London and that the said John Savage said he was satisfied and
took London by the hand and dld. him to this deponent in company with Jona Garrison
Major Savage William Savage & John Kellam son of Joseph) who were Joint securities
for London's payment of the said £40 to John SavageThis
deponant saith that he went [-----] This deponant saith And this dept. saith
that London supported ever Since he knew him a good character and understood that
he had rendered great services to the children of the said John Savage and further
the dept. Saith not --- Arthur Roberts Taken & signed before us this 20th
April 1790 in presence of the parties Tho. Parker Edward Ker George Ker
Deposition William
Floyd
London Black Man Pltff vs . . . . . in chancery John Kellam defdt.
The deposition of William Floyd aged Forty Two & upwards who being duly Sworn
on the Holy evangalists of Almighty God deposeth & saith That Esther & Sarah Savage
daughters of John Savage frequently were at Hog Island where this deponent lived
Thirty years past or more attended by London who used to purchase wool which he said
was for the purpose of cloathing the sd. Esther & Sarah their father John Savage
being then absent This deponent also saith that at the time the above maned Esther
& Sarah used to be at Hog Island one of them had a Plaister on her head and appeared
to be much afflicted & further saith not William Floyd Taken & signed before
us this 20th April 1790 in presence of the parties Tho. Parker Edward
Ker George Ker
Deposition William Harman
London Blackman Ptff. vs
. . . . . In chancery John Kellam Deft.
The deposition of William Harman
aged 57 years & upwards being sworn on the Holly Evangelist of Almighty God deposeth
& saith. that he lived at the house of John Savage and that London seemed in the
absence of Savage to have the Management of the children who took great care of them
and provided for this deponant who went to school with Savage's children --- and
this deponant understood that London carried down the children of Savage to the widow
Saunders who cured them of the scanted head and London seemed to take greater care
of the children that the Father did when he was on this shore --- and further the
dept. saith not --- William Harmon Taken & signed before us this 20th April
1790 in presence of the parties Tho. Parker Edward Ker George Ker
This
deponent being interrogated touching London's character saith that he always supported
very good one William Harmon
Deposition Archd Garrison
London
blackman Pltf vs . . . . . in Chancery John Kellam Defdt.
The deposition
of Archabald Garrison aged Forty Six and upwards who being duly sworn on the Holy
Evangelists of Almighty God deposeth & Saith That he went with Major Savage & Jonathan
Garrison to the house of Major Savage & saw John Savage deliver London to the sd.
Major Savage Jonathan Garrison Arthur Roberts William Savage & John Kellam (son Joseph)
telling them that he delivered London to them till he satisfied them for the forty
pounds at which time he London was to be a free man This deponent also saith that
he sas a considerable sum of money in a hat upon a chest but does not know whose
it was or for what purpose intended This Deponent further saith that Esther Savage
daughter of sd. John lived at his father's at which time she frequently applied to
sd. London for goods which he often furnished her with such as pins ribbands &c &
once with money to pay for going to a singing school & further saith not Archabel
Garritson Taken & signed before us this 20th April 1790 in presence of the
parties Tho. Parker Edward Ker George Ker
This deponent on being
interrogated touching London's character says that he supported a good one Archabel
Garritson
Deposition Peggy Savage
London Blackman Pltf. vs .
. . . in chancery John Kellam defdt.
The deposition of Peggy Savage of
age Forty Nine years and upwards who being dly sworn on the Holy Evangelists of almighty
God deposeth & saith That her husband Major Savage borrowed the sum of Forty pounds
of Arthur Downing for the purpose of purchasing the freedom of Negro London form
John Savage who she saw deliver the sd. London to the sd. Major Savage Arthur Roberts
Jonathan Garrison William Savage & John Kellam(son Joseph) and heard his the sd.
John Savage acknowledge himself fully satisfied for sd. London by the payment of
forty pounds as a consideration for his freedom whenever he had satisfied the above
maned Major Savage Arthur Roberts Jonathan Garrison William Savage & John Kellam
(son Joseph) for the above sum of Forty pounds so paid by Major SavageOn being interrogated
by the defendant whether she knew anything of a bill of sale of sd. London to Michael
Christian she answers no on being asked if she knew whether London was the property
of sd. John Savage she answers no but that she always understood he was & further
saith not Peggy Savage
Taken & signed before us this 20th April 1790
in presence of the parties Tho. Parker Edward Ker George Ker
The
deposition of John Custis(sea side) of lawfull age being sworn on the Holly Evangelist
of Almighty god deposeth & saith that he intermarried with Esther Savage the daughter
of John Savage the deponent saith there was no money given to Michael Christian by
him or John Kellam at the time of said Michael Christina ass. them a bill of sale
on Negro London bit it was in consideration of their claim to a certain Negro man
Daniel which this deponant understood was sold by John Savage to the afd. Michael
Christian. This deponent saith lat John Savage left the Eastern Shore his house on
the 11th day of April 1765 and soon after left this Shore and further this deponent
saith that it was by & with the consent of John Savage & Michael Christian that the
bill of Sale afd. was assd. tto them by Michael Christina. and further this deponent
said Not John Custis
Taken & signed before us this 20th April 1790 in
presence of the parties Tho. Parker Edward Ker George Ker
London
black man Pltf vs John Kellam Deft.
This deponent being further interrogated
says he went down to Londons shop after John Savage Left this Shore claimed London:
and carried down his bill of Sale at which time London said he was willing to acquess
under his bill of Sale if Mr. Arthur Robers was willing upon which Mr. Roberts seemed
[-----] and this dept. took possession of London and set him up [-----] [-----] and
John Kellam when John Kellam bid London off. and further saith not --- John Custis
This
deponent further saith that London always supported good character except that he
was fond of the fair sea and they were very fond of him --- John Custis
London vs
. . . . Papers Jesse Kellam
SirTake notice that I shall take the depositions
of Jesse Kellam, Richard Savage, Arthur Robins & Littleton Ward at the House of Coventon
Broadwaters between the hours of Ten in the morning & Sunset of the 28th May 1790
in the suit depending in the Court of Accomack in chancery between London, a blackman
& You for his Freedom & his Services for 25 years & his Two mares, cart Wheels, and
his blacksmith tools & pursuant to a dedimus for that purpose by me obtained Thomas
Cropper A.P.P May 18th 1790 Accomack county towit.
This day Came
Thomas Stringer & made oath before me a Justice of the peace for the county of Accomack
aforesaid that he delivered to John Kellam on the 18th day of May one thousand Seven
Hundred & Ninety. a copy of the above Notice in writing and informed him of the purport
thereof Given under my hand this 18th day of May 1790 Jno. Cropper Jr.
Depositions
of Richard Savage & Jesse Kellam
London a Blackman Plantiff for freedom vs
. . . . . In Chancery John Kellum Defendt.
The Deposition of Richard Savage
aged forty two years or there about deposeth and sayeth. that he knew John savage
the former Master of the Plantiff and that this deponents father had made a conditional
bargain with sd. John savage for the purchase of the said London for the sum of forty
pounds, but being afterwards repaid he relinquished the bargain after haviing him
in possession several years. That this deponent hired the Plantiff two years from
the defendt. at the rate of Eleven pounds or annum, this happened about the year
1779 & 1780 after the death of Major Savage who hired him some years before, under
a colour as he supposes, having never being called [-----] for any money the years
this deponent hired him this deponent further saeth that after the sale above mentioned
to his father London or others persons for him bought his freedom of the said John
Savage as he understood from the Court report of the neighbourhood, and further this
deponent sayeht not Richard Savage Taken before us this 20th of May 1790
in presence of the parties Tho. Parker Edward Ker
The deposition of
Jesse Kellam aged Twenty Six years or thereabout who being duly sworn on the Holy
Evagelists of Almighty God deposeth & saith That a mare saddle & bridle formerly
the property of London was at the house of sd. John Kellam which sd. mare this deponent
heard the sd. John Kellam say he took for Ritter Barker's that the sd. John Kellam
sold the said mare to Samuel Long for five pounds --- That he went with the sd. John
Kellam to sd. London's shop to bring up the tools which together with a young mare
& a pair of cart wheels were taken to the house of sd. Kellam after which at the
desire of the sd. John Kellam this deponent sold the sd. mare to Robert Haley for
Five pounds & the wheels to George Garrison Junr. decd. for Twenty four shillings
This deponent also saith that he heard the said John Kellam say that when he heard
that London had bought his time of John Savage his former master he went to said
London & told him if he had bought his time of John Savage all the money which he
had paid for it was sunk as said John Savage had no right to him This deponent further
saith that he heard sd. John Kellam say he supposed if John Savage had sold London
his time it must be for the purpose of obtaining money to enable hie to leave the
placeThis deponent also saith that upon application for said John Kellam he went
with him (about the begining of the year 1789.) to know what was the reason London
had not come up to said John Kellam according to promise to which London replied
that Mr. Roeberts wanted to see him & begged to be allowed to go by Mr. Roberts's
& he would go up willingly which sd. John Kellam would not allow him to do but brought
him away against his will without suffering him to go to Mr. Roberts's for his cloaths
--- That on the road in conversation London observed he was sorry that he had endeavored
to obtain his freedom & that if said John Kellam would be reconciled to him again
he would serve him truly & faithfully as he had done so long as he lived & that he
should have come to him before had it not been for Mr. Roberts further saith that
after London was brought up the last time the sd. John Kellam asked London what was
the reason he had begun again after giving himself up to which he answered he kew
noting of it that what was doing was by Mr. Roberts & Mr. Smith & further saith not Jesse
Kellam Taken & signed 28th May 1790 before us Tho. Parker Edward Ker
Loudon vs Kellam
Savage to Christian
Know all men by
these presents that I John Savage of Accomack county & Colony of Virginia for & in
consideration of the sum of fifty pounds current money of Virginia to me in hand
paid by Michael Christain before the sealing & delivery of these presents the receipt
whereof & the said John Savage do hereby acknowledge & am fully content therewith
hath granted bargained & Sold and by these presents doth bargain & Sell unto the
said Michael Chirstian and to his heirs and assigns for ever by plain & open Sale
a Negroe man commonly called Lunn to the whoel Use & behoof of him the said Michael
Chirstina and his heirs and assigns for ever which Negore Man I the said John Savage
dequit myself my heirs Executors and Administrators and all other persons claiming
Right title or Interest [-----] to the said Michael Chirstian [-----] warrant & forever
defend In witness whereof I have hereunto set my hand & Seal this Twentyeth of
March Seventeen hundred & Sixty Two John Savage
Signed Sealed & delivered
in
presence of Jas Scott, Luke Luker
I hereby endorse the within Bill of Sale
over to John Custis (son of William) and John Kellam (son of John this 30th of March
1762 Michael Christian
At a court held in Accomack county September 28th
1762 The within deed Poll from John Saavage to Michael Christian was presented and
proved to be the act & deed of the said John by the Oaths of James Scott & Luke Luker
the witnesses thereto and on the motion of John Custis son of william the same is
admitted to record Test George Holden ClC
At a Court held in Accomack County
September 29th 1762 The endorsement wrote on the back of the within bill
Bill
of Sale form John Savage to Michael Christian was proved to be the act & deed of
the said Michael to John custis & John Kellam therein mentioned by by the Oaths of
William Custis and William Black bunting and Admitted to record Test George
Holden CLC
a True Copy Test Littelton Savage ClC
Know all men by
these presents that I John Savage of Hampshere County & Commonwealth of Virginia
for Divers Causes & Considerations Come Hereunto Moveing Hath mad ordained Constituted
& Appointed & by these presents doth make ordain Constitute and Appoint my Trusty
& loving Friends Edward McCanty & John Daton. or Either of them of the county afroesaid
planters my true and lawful atturneys for me & in name & to my use to act Demand
Recover & Receive any and all the Debts Dues and Demands whatever whichmay any wise
or by any means by my Rigths by Divise legacys will orginal Right or marriage Settlement
in the County of Accomack or any other county on the Ewastern Shore of Virga. Whether
the same be Real of personal Estate giving & by these presents Granting to my said
Atturneys my sole & full pwoer & Authority to take pursue & follow such legal Courses
for the Recovery to the same as I my self Could do was I personally present & upon
the Receipt of the same acquittance & other sufficient discharges given for me &
in my name together with the Right of Conveying by deed my Rigth of any lands that
I may have in the said Estorn Shore also given & granting my said Atturneys the power
of Substituting one or more Atturneys under them & again at pleasure to revoke &
further to do & perform for me in my name all & singular things & Which shall or
may be Necessary tuching the premisses a fully to all Intents & purposes I my self
do. was In present Ratifying allowing & Confirming whatsoever my said Atturneys shall
or may do in & about the premisses In witness whereof I the said John savge Hath
Hereunto Set my Hand & Seal this twentieth day of March in the Year of our Lord one
thousand Seven Hundred & Eighty Eight Signed Sealed & Delivered in presence of
I
hereby Certify that the above writting is a True copy Certified by me John
Smith
Loudon Papersvs Kellum March 1790 Connisn Awd.
Know
all men by these presents that I John Daton of Hampshere County Virginia for & in
Consideration of five shillings Current money of Virginia to me in hand paid by Arthur
Roberts of Accomack county in Virga. planter whereof I Do Hereby Have Bargains Sold
Set over & Delivered by these presents in plain and open order Acknnowledge in Due
form of the law in that Case made & provided. do bargain Sell Set over & Deliver
unto the said Arthur Roberts one Negro man Named Lundon formerly the property of
A Certain John Savage of Hampshere County. To have and to Hold the said hereby Granted
Slave unto the said Arthur Roberts to the only proper use & behool of the said Arthur
Roberts for my self my Heirs Execuotrs Administrators & Assigns the said Bargained
premisses unto the said Arthur Roberts & agianst all & all Manner of persons Whatsoever,
shall & will warrent and for ever Defend by these presence in withness whereof I
Have Set my Hand & seal Together with the Delivery of ths afsd. Bargained premisses.
This 8th Day of November 1788 John Daton
Signed Seld & Delivered inpresence
of us John Smith Arthur Roberts
Roberts to . . . . . Deed Manumn London
Manumission
To
all christian People to whom these presents Shall come Greeting Know ye that I arthur
Roberts of the counyt of Accomack & parish of St. George for divers goods causes
& Considerations me heereto moving but more especially for the meritorious services
of a Cerain slave named London have and by these presents do Manumit & set at Liberty
any Slave aforesaid named London hereby for myself my heirs Exeutors & Adminstrators
for reliquishing all my right title & Interest of in & unto the said Slave London
In testamony whereof I have hereunto set my hand and affixed my Seal this 30th day
of December 1788 Arthur Roberts
At a court held in Accomack county December
30th 1788 this deed of Manumission wahs acknowledged by the said Arthur Roberts as
his act & deed and ordered to be recorded Littleton Savage ClC
The common
Wealth of Virginia to Thomas Parker Edw Ker & Geo Ker Gent: greeting Know ye that
the court of Accomack county trusting to your fidelity & provident circumspection
in diligently examining whatsoever witnesses as well on behalf of London a black
man Plaintif as on behalf of John Kellam defendt. Command you or any two or more
of your that at such certain days and places as you Shall appoint you assemble yourselves
and the witnesses aforesd beofr your or any two or more of you, you call & cause
to come & diligently examine on the holy evangelists of almighty God and their Examination
into the court of Accomack County distinctly & plainly without delay you shall send
& Certify enclosed returning also to us this writ witness Littleton Savage Clerk
of the said Court at the Court house this 17th day of April 1790 Littlton Savage
Extract
for Berry Floyd Will
Extract from the Will of Berry Floyd decd. bearing
date 20th of May 1749 and admitted to Record the 11. December 1750
I give
unto my son-in-law John Savage the use of all my land except the hundred acres given
to my nephew Berry Floyd, also the following Slaves, to wit, Mat, Venus, Daniel &
Rachell during his natural life. Test Wm. Stith CNC
We the Jury find
for the Plaintif Thomas Teackle
Sources:
_____. Accomack County VA Chancery Causes, 1727-1805. Exr of James Powell vs Elijah Watson 1792-005 [1799]. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 26 January 2012.