Barbara: Freedom Suit, Scott County (Part 1 of 2)
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(2) slavery. She further states, that afterwards to wit, on the "[blank]" day of "[blank]" 18"[blank]" a certain Austin Day a foreman of colour entered into a contract and agreement with the said Stephen Osborn your oratrix said Austin that he the said Austin should take the whole of the said Stephens farm whereon he then lived and cultivate it with the assisance of your oratrix could tender him after doing such things for her said Masters family as was then and there agreed on by and between the said parties, also to have the use of the farming utensils and of one horse, he the said Austin finding one horse of his own, and the whole to be boarded at the expense of the said Stephen untill the first crop should be raised and afterwards the said Austin to board himself and his beast or beasts and the said Austin was anually to have one fourth of the whole of everything that should be raised or made on the said plantation, and it was further agreed by and between the said Stephen Osborn and the said Austin Day that if your oratrix should have one or more children by the said Austin that he and the said Austin should find a hand to work in your oratrixs place whenever your oratrix should be unwell or confined, by sickness or inability in consequence of such child bearing and that the said Austin should maintain any such child or children your Oratrix might so have by the said Austin and in case the said Austin did make up such lost time of your oratrix and maintain such child or children so as to keep the said Osborn free from all changes on their account then and in such case the said child or children and all of them that your oratrix should have should be free and never bound to service to the said Osborn or any other person, but be taken & be as children free born, but no writings were executed between the said parties, although the said Contract was to continue for and during the natural life of the
(3) said Stephen Osborn. The said Osborn own children had all left him for several years before that time and seemed to abandon their parents in an unfeeling manner. She further states that the said Austin Day immediately entered on the execution of his part of the said contract and continued for about two years to do so in good faith and much to the satisfaction of the said Stephen Osborn at the expiration of which time your oratrix was delivered of a son and daughter to the said Austin at one birth, the said Austin also procured a suitable person who worked in your oratrix place for all her lost time in consequence of her having said children and all done to the full and ample satisfaction of the said Stephen. He the said Austin further maintained said children and fully kept the said children from being in any manner chargeable to the said Stephen and faithfully performed his said contract as to them. So that the said Stephen your oratrixs master was fully satisfied with the said performance untill the said children were about six months old, at which time the said Osborns own children (or some of them) finding your oratrixs said children were very promising children and that she might have several more, they commenced making offers to the said father Stephen Osborn to purchase them from him, but finding they could not succeed, they proceeded to drive the said Austin Day from the said Stephens plantation by cursing and abusing of him, pissing on him and threatening him with horrid imprecations and ruin, if he did not leave their said fathers plantation and give up all claim to them your oratrixs children as free persons, in so much that they drove off the said Austin and compelled him for his own safety to quit the said Stephens said plantation and farm, greatly against the will of both the said Austin and the said Stephen and much to their pecuniary loss. She further states that the said Austin being unwilling to part from his children or that they should be slaves and, finding that he would be obliged to quit said contract and leave said plantation because the said Stephens children seemed