To the Commissioners under the Act of Congress approved the 16 of April 1862 Entitled "An Act for the release
of certain persons held to service or labor in the District of
Columbia
The Sisters of the Visitation of Georgetown
D.C incorporated by Act of Congress approved May 24th A.D. 1828, by this their petition in
writing through their Mother Superior respectfully represent that they are
persons loyal to the United States who at the time of the
passage of the said act of Congress held a claim to service or labor against
Ignatius Tighlman and Mary Elizabeth
Tighlman and their seven (7) children namely
Mary—Charles—Ignatius—Jane—Cecelia—Josephine
& Rosalie Tighlman also against Benjamin
Mahoney—Thomas Weldon and
Joseph Dixon for and during the lives of the said named
persons Respectively and that by said Act of Congress the said persons of
African descent were discharged and freed of and from all claim of your
petitioner to such service or labor: that at the time of said discharge the said
persons were respectively of the ages and personal description following
- 1st Ignatius Tighlman—A dark mulatto man Forty
(40) years of age, 5 feet 2 inches high, a smart healthy negro and valued at
Twelve hundred (1200) dollars
- 2nd Mary Elizabeth Tighlman—the wife of
Ignatius Forty one years of age, Color Black,
height 5 feet a very
intelligent stout active woman perfectly healthy and valued at nine hundred
(900) dollars
- 3rd Mary Tighlman daughter of
Ignatius and Mary Elizabeth a
strong healthy mulatto girl 4 feet 8 inches high Seventeen (17) years of age
and valued at seven hundred (700) dollars
- 4th Charles Tighlman a smart active mulatto boy
perfectly healthy 4 feet 6 inches high Fifteen (15) years of age and valued
at six hundred dollars
- 5th Ignatius Tighlman Jr a healthy active mulatto Boy
4 feet 5 inches high Thirteen years of age valued at four hundred and fifty
(450) dollars. He is now with the Federal Army at
Yorktown
- 6th Jane Tighlman a healthy mulatto girl Ten years of
age about Four feet high valued at Three hundred dollars
- 7th Cecelia Tighlman a healthy mulatto girl three
feet high Four years of age valued at about Two hundred dollars
- 8th Josephine Tighlman a healthy mulatto girl Two
years of age and valued at about one hundred dollars
- 9th Rosalie Tighlman mulatto child 6
mo
months
old value 50
dolls
dollars
- 10th Benjamin Mahoney a very valuable bright mulatto man about Five feet
six inches high Twenty five years of age strong and healthy has a knowledge
of carpenters work and is of superior moral character. He is of the highest
value; Eighteen hundred dollars would be a low Estimate of his value to our
Institution
- 11th Thomas Weldon a hard working negro man about
Five feet Four inches high and about Twenty eight years of age strong
healthy and understands gardening valued at about Twelve hundred (1200)
dollars
- 12th Joseph Dixon a
black
negro man about Four feet three inches high, Twenty one years of age active
and perfectly healthy, is rather sulky and has a bad countenance. He ran
away after the battle of Manassas and is now with the Federal Army He is
valued at about 1000 dollars—
That your petitioners acquired their claim to the services or labor of
Ignatius and Mary Elizabeth
Tighlman
Benjamin Mahoney and Thomas Weldon by
gift from Notley Young to his daughter
Martha as her portion of his Estate in the year 1841. Martha Young (Sister
Mary Ellen) was a member of this institution and gave
them to the Sisters of the Visitation of Georgetown
D.C.
The Children of Ignatius and Mary Elizabeth
Tighlman have been born since we acquired title to their
parents
Joseph Dixon was acquired by gift from John
Neal to his daughter Margaret (Sister
Regina) about the year 1842 who being
a member of this Institution gave them to the Sisters of the Visitation
of Georgetown D.C.
That Your petitioners claim to the service or labor of said persons was at the
time of said discharge therefrom of the value hereinbefore stated opposite their
respective names—amounting in the aggregate to 8500 dollars—
That Your petitioners know of no infirmity or defect of said persons except as
stated which impair the value of petitioners claim to such service or labor and
believe none other exists
Your petitioners, through their superior, hereby declare that they bear true and
faithful allegiance to the Government of the United
States and deem it unnecessary to State that they have not born
arms against the United States in the present rebellion;
nor have they given aid or comfort thereto—
And your Petitioners further state and allege that they have not brought said
persons above named into the District of Columbia since
the passage of said Act of Congress and that at the time of the passage thereof
said persons were held to service or labor therein under and by virtue of your
petitioners claim to such service or labor.
Your petitioners further state that their said claim to the service or labor of
said persons does not originate in or by virtue of any transfer heretofore made
by any person who has in any manner aided or sustained the present rebellion
against the Government of the United States.
And your petitioners pray the said Commissioners to investigate and determine the
validity of their said claim to the service or labor of said persons hereinabove
set forth; and if the same be found to be valid, that they appraise and
apportion the value of said claim in money and report the same to the Secretary
of the Treasury of the United States in conformity to the
provisions of said act of Congress.
Sister Mary Angela Harrison
Superior of the
Sisters of the Visitation of Georgetown
DC
District of Columbia
Washington County, ss.
I Sister Mary Angela Harrison Mother Superior of the
Sisters of the Visitation of Georgetown
D.C. being duly sworn do depose and say that
all the several matters and things which are set forth and stated in the
foregoing petition are true in substance and in fact and that all the
several other matters and things therein set forth and stated as from the
information of others I believe to be true in substance and in fact
Sr
Sister
Mary Angela Harrison Superior of the
Sisters of the Visitation George Town
DC
Sworn to and subscribed before me this 23d day of May
AD 1862
Henry Reaves J Peace
569
Sisters of the Visitation
Georgetown DC
Thos. B. King
Esq
Esquire
Atty
Attorney
Filed June 2, 1862
To the Commissioners under the act of Congress for the emancipation of colored
persons in the District of Columbia
The petition of Ignatius Tilghman.
He states that on the 7th July 1856, he and his
wife and five children were slaves belonging to the Sisters of the
Visitation of George Town; that the said
Sisters then agreed with your petitioner that upon his paying the sum of five
hundred dollars he and his wife and children should be free; which is shown by
the agreement and several receipts, signed by said Sisters, and contained in the
book he now files herewith. He shows further that he has paid to said sisters on
account of said contract divers sums amounting in the whole to $298:76, which
also appears from said book and their entries therein. That one of his children,
namely,John, died after the agreement. He admits that
$201:25 of the 500$ remain due to said sisters, which he thinks it right they
should receive, with interest, but no more; and he submits that what he has
paid—not for the purchase of himself—but for his wife and children,
should be paid to him.
After the said contract he maintained himself and family without expense to said
sisters, and made them the payments above out of his earnings.
That three of his children, now claimed for by said Sisters, have been born since
the date of said agreement—namely—Cecelia,
Rosalie and Josephine. He thinks
no allowance should be made for them to said sisters. If to any one, he thinks
it should be to himself: but he does not wish to be considered as claiming for
them.
The aggregate value of himself, his wife, and four children living at the date of
the agreement, is $4600:—viz—for himself $1000—for his wife
$800—for Mary $1000—Jane,
$500—Ignatius $700. &
Charles 600$. The latter two are not yet appraised. His
payments on account for the whole of these, have been $298.75, which would be
about 6 ½ per cent. The proportion for himself would be $65. which being
deducted from the amount of his payments would leave $233.75 paid by him on account of his
wife and children.
He perceives no other way of coming at what is just, and he submits that this
mode is so—that the said Sisters should receive the $201:25, and your
petitioner the 233:75 for his wife and children.
He prays that such order may be taken in the premises.
W. Redin
for
Petr
Petitioner
14. Aug. 1862.
569.
Petition of Ignatius Tiglman to be filed as Counter in
above case.
Filed 15 August 1862.
The Sisters of the Visitation respectfully submit in answer to
the Petition of Ignatius Tighlman that said
Ignatius his wife and five children were at the time of
the passage of the Emancipation Act held to service or labor in its full and
most complete sense; and in law, liable to all the incidents of Sale and
transfer at the option of their Owners.
From this service with all its incidents they were discharged, not by any act of
their Owners, but by law approved April 16, 1862
providing compensation for their value. There is nothing in its terms altering
the incidents of servitude as existing prior thereto. Your Respondents submit
that as the law has intervened between them and their servants and prescribed
its own terms for their Emancipation it should not appropriate to itself their
act of Charity and benevolence or at least their intention, by making a humane
permission granted to their servants to purchase themselves, which has not been
fulfilled, an excuse for depreciating their value. It would be an act of
injustice to give full compensation to those owners who were disposed to
exercise their full right towards their servants and to deny it to those
inclined to be more humane and to lighten the burden of servitude. It would be
giving a premium to the strict and severe master at the expense of the more
lenient Such would be in conflict with the spirit of the Act and with the
principles of its framers.
It would be an Act of justice to the Sisters as they were Emancipated by the law
that their value should be estimated by the law as it existed at the time of the
passage of this Act. That law did not regard their value as lessened by any
promise of future Emancipation. In fact there could be no Emancipation but by
deed according to the provisions of the Maryland Act
1796 ch 67 and by last will and Testament; and no
executory Contract between Master and Slave is of force either at Law or in
Equity—Jos Brown vs Wingard
2nd Cranch p500. 412.634
There is a difference between a contract and a benevolence In this instance the
privilege given Ignatius to purchase himself and his
children was a mere benevolence for there could be no consideration as all the
money he and his family earned belonged to the Sisters of the
Visitation. It was more by a permission of the Sisters which might
be withdrawn according to circumstances; for instance if it was injurious to
creditors or if the servants showed an incapacity to provide for themselves or
upon the commission of any offence or in case of sickness—And the sum
exacted was only required to insure the Sisters from loss provided they should
fall back in sickness or distress on them for support as it was too small for a
consideration or price for Ignatius his wife and
children.
But Ignatius cannot claim any benefit from what he terms the
agreement for the purchase of himself and Family—He could not do so prior
to the Act and there is nothing in the Act enabling him to do so. Neither has he
done more than make a very lame effort to fulfil his portion of the "agreement".
In six years he has only paid $298.75/100 a large portion of which was in work
for the Sisters themselves. This would not amount to more than $4 per month for
himself wife and children for whom if hired by the Sisters prices might be
obtained ranging from 12 to 3 dollars per month for at least 4 of these servants
and therefore by every just and candid mind it must be conceded that
Ignatius only paid them their own money and but very
little of that
Under such circumstances Your Respondents submit that their claim is under the
Act full an complete and that its value should not rightfully be depreciated by
a benevolence or permission granted their Servants not recognized either at law
or in Equity and which many circumstances would justify them in withdrawing.
They urge that as
Ignatius could pay them no money which was not already
in law their own that they may be allowed their full and just compensation
without any regard to the "agreement" and leave to their own benevolence which
had already manumitted many of their servants to make such provision for
Ignatius and his family out of the proceeds as their
liberality may dictate
Thos B King
Answer of the Sisters of the Visitation to the Petition of
Ignatius Tighlman
Filed Dec 12, 1862