#MD58A
1838
Folio (ca. 21,5x32,3 cm or 8 ½ x 12 ¾ in). 2 pp. of text. Brown ink on yellowish paper. Fold marks, tears at the folds, damp stains, but otherwise a very important legal document.
Early Writ of Fieri Facias from the antebellum South, documenting the legal seizure of an enslaved “negro Henry” to satisfy a commercial debt. (Under the "chattel principle," which remained legally enforceable until 1865, enslaved people were reduced to personal property that could be seized as collateral or liquidated to settle debts.)
The document, issued by the Hinds County Circuit Court, Mississippi, commands Sheriff William C. Demoss (ca. 1800-1845) to seize the property of John Morrison in order to satisfy a $212.42 judgment owed to Henderson, Walton & Co (New Orleans-based wholesale dealers in English ceramics and glassware active in 1834-1836). The document itemizes standard legal fees and interest rates and is signed by the Clerk Beauchamp in May and August of 1838. The verso, signed by the Sheriff in October 1838, confirms he "levied on a negro Henry" to secure the debt. The endorsement further notes a delivery bond with Hugh [Mcebe] and John [McLuniss] as sureties, a common legal maneuver that allowed the debtor to retain the enslaved person’s labor until the scheduled public auction.
Overall, historically important early Writ of Fieri Facias from the antebellum South, documenting the legal seizure of an enslaved “negro Henry” to satisfy a commercial debt.
