Mortgage of Henry Johnson to Thomas Mulledy for 84 persons, 1839

Let it be known that Whereas I Henry Johnson of the Parish of S^t. James in the State of Louisiana purchased of Thomas J. Mulledy of the District of Columbia eighty four slaves, which were delivered to the said Henry Johnson and are ^now^ in the State of Louisiana and Whereas the said Henry Johnson and the said Thomas J. Mulledy did enter into and execute a private Instrument of writing dated upon the 29^th day of November 1838 by which the said Thomas J. Mulledy conveyed the said negroes by names to the said Henry Johnson for and in consideration of the sum of twenty nine thousand one hundred and sixty three dollars, for which sum the said Henry Johnson gave his five notes, each notes for the sum of two thousand two hundred and forty four dollars and dated on the 29^­th November 1838, in favor of the said Thomas F. Mulledy, payable, one in the month of March 1845, one in the month of March 1846, one in the same month of 1847, one in the same month 1848 and the other in the same month 1849, at Georgetown College in the District of Columbia, the said notes bearing six per cent interest from the date until paid; which Interest is to be paid annually in the month of March at said College, and Whereas for the balance of said purchase money, to wit, the sum of seventeen thousand nine hundred and forty three dollars, it was agreed and understood, that the credits given upon the backs of the five promissory notes of said Henry Johnson, each of which notes was for nine thousand dollars and dated upon the 10th November 1838, being the same mentioned in an Instrument of writing of this date between the said Henry Johnson and said Thomas F. Mulledy and the same mentioned in an act under private signature of said Henry Johnson and said Thomas F. Mulledy of the 10th November 1838 and recorded in the t office of the Parish Judge of Iberville Louisiana upon the 4^th day of June 1839, were to be reinstated as if never deducted and that the said notes of nine thousand dollars were to remain in full force for the whole amount expressed therein without any deduction therein: and Whereas the said Henry Johnson in said act of the 29^th November 1839 under private signature, did mortgage and intend to mortgage all of said slaves to secure the payment of his five first mentioned notes of two thousand, two hundred and forty four dollars each, and also did mortgage, to secure the payment of the last mentioned notes and also the payment of the aforesaid five promissory notes of nine thousand dollars each, a certain tract of Land, situated in the Parish of Pointe Coupée, State of Louisiana on each side of the bayou Fordoche, being the same purchased by him from

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H. M. Thibodaux containing nine hundred and seventy nine superficial acres (more or less)–

Now this indenture witnesseth, that‸ ^{whereas doubt may exist as to the validity of what has been done} for and in consideration of the premises aforesaid and to secure the payment of the several sums of money due or to become due upon the aforesaid several notes as hereafter described, the said Henry Johnson not only ratifies and confirms all that is contained in the aforesaid instrument of writing of the 29^th November 1838, but in order to secure the rights of said Thomas F. Mulledy more effectively, if any thing more be required to do the same, doth hereby mortgage and Hypothecate all of the aforesaid slaves, who were all born in the state of Maryland one of the United States, but who are new in Louisiana where the said Henry Johnson has had them conveyed, and whose names, sexes, and age are as follows, to wit: Henny a female about 28 years of age, Regis a male aged about 28 years, Joseph a male aged about 22 years, Harry a male aged about 40 years, Gabe a male aged about 28 years, Louisa, a female aged about 23 years, Regis a male, aged about 28 years, Peter a male aged about 37 years, Michael a male, aged about 33 years, Ginny a female aged about 19 years, Luke a male aged about 32 years, Nathan a male aged about 64 years, James, a male aged about 60 years, Alexius, a male aged about 36 years, Harry a male aged about 45 years, Anny a female aged about 40 years, Sarah a female aged about 48 years, John a male aged about 31 years, Abraham a male aged about 27 years, Stephen, a male aged about 49 years, Mary a female aged about 59 years, Harry a male aged about 65 years, Charles a male aged about 45 years, Ginny a female aged about 65 years, Henny a female aged about 30 years, Ginny a female aged about 13 years, Matilda a female aged about 30 years, Frances a female aged about 10 years, a Girl named ____ aged about 6 years another named ________ aged about 4 years and another named ____ aged about 18 months, the three last all children of last named woman Matilda, Mary a female aged about 55 years, ^Mary a female aged about 65 years, John Butler a male aged about 35 years, Len Gurder a male aged about 51 years, John Coyles a male aged about 22 years, Margaret a female aged about 26 years, and her daughter aged about 4 years, Celestia a female aged about 30 years,

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Louisa a female aged about 22 years, Crissa a female aged about 32 years, & a girl aged about 10 years, a boy aged about 8 years, a girl aged about 4 years and a boy about 18 months, the said four children being the children of said last mentioned Crissa, Stephen a male aged about 60 years, Teresa a female aged about 70 years, ^^{Daniel a male aged about 70 years}, Isaac a male aged about 65 years, Nelly a female aged about 38 years, Henny a female aged about 13 years, Cecilia a female aged about 8 years, Ruthy a female aged about 6 years, Sally a female aged about 65 years, Billy a male aged about 40 years, Joseph a male aged about 40 years, Kitty a female aged about 22 years, Mary a female aged about 6 years, Susan a female aged about 4 years, Elizabeth a female aged about 1 year, Polly a female aged about 60 years, Sally a female aged about 50 years, Robert a male aged about 12 years, Minty a female aged about 26 years, Nancy a female aged about 5 years, Mary a female aged about 2 years, Charles or Jarvis a male aged about 60 years, James a male aged about 50 years, Eliza a female aged about 26 years, Reverdy a male aged about 4 years, Noble a male aged about 5 years, Edward a male aged about 42 years, Margery a female aged about 60 years, aged about 3 years, Richard a male aged about 38 years, William a male aged about 42 years, Margery a female aged about 60 years, Maria a female aged about 26 years, Len (sickly) a male aged about 38 years, Maria a female aged about 5 years, William a male aged about 2 years, Henry a male aged about 8 years, Charles a male about 40 years old, William a male aged about 2 years, and the increase of all of said slaves.

            And the said Henry Johnson, doth also, for the purpose hereafter named and in consideration thereof, mortgage and Hypothecate unto the said Thomas F. Mulledy his heirs executors administrators or assigns a certain tract of Land in the Parish of Pointe Coupée in the State of Louisiana on each side of the bayou Fordache being the same purchased by him of H.M. Thibodaux containing nine hundred and seventy nine superficial acres, more or less –

This mortgage of the aforesaid slaves is specially made to secure the payment of five promissory notes of the said Henry Johnson, each for the sum of two thousand, two hundred and forty four dollars in favor of said Thomas F. Mulledy, the said notes due as aforesaid, ^{with interest to be paid as aforesaid}, and dated upon the 29^th November 1838, and being the same five promissory notes of that sum each, mentioned and described in the aforegoing part of

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this Instrument of writing and it is further understood that the mortgage of the aforesaid described tract of Land, is made for the purpose of securing more effectually the payment of the last mentioned notes, as well as those five promissory notes before alluded to and named, of nine thousand dollars each and for a more full description of which said last noted as reference is made to another instrument of writing of this date, between said Henry Johnson and said Thomas F. Mulledy and which are the same notes described in the act under private signature of the said Henry Johnson and the said Thomas F. Mulledy dated 10^th November 1838 in record book T, Numbered 25 and on the record of mortgages in said office ____ and the 2^nd Instrument of writing of 29^th Nov. 1838, was duly recorded in the office of the Parish Judge of Pointe Coupée aforesaid on 20^th June 1839 __________________

            It is further covenanted and agreed that the said Henry Johnson will at any time hereafter execute any other or further instrument of writing according to the Laws of Louisiana to secure the rights of the said Thomas F. Mulledy in the premises, should the present and what has heretofore been done, be insufficient to effect the same ––Namely to render the said mortgage formal and legal­­–

In testimony hereof the said Henry Johnson and the said Thomas F. Mulledy by his attorney in fact W^m. McHenry have signed this Instrument of writing and affixed their seals, upon this 18^th day of September1839 at Washington City, D.C. in the presence of James Ward & John X. Aiken the two subscribing witnesses, both of whom are free white male citizens of the United States and above the age of twenty one years ­––The said Thomas F. Mulledy having signed this as accepting the same ––

                                           The words “Mary a female aged about 65 years” being put interline also the words “Daniel a male aged about 70 years” also the words “Whereas doubts may arise as to the validity of what has been done” before execution_ The words “namely in presence of us to render the said mortgage formal & legal” inserted before
Signing­­––

Signed, sealed, and delivered                                      

 James Ward                                 H. Johnson       seal

John X. Aiken                        Thomas F. Mulledy    seal

by his agent Wm. McSherry

Be it remembered that upon this 18th day of September 1839 before us two 

Justices of the Peace of the County aforesaid, personally appeared Henry Johnson

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and William McSherry, parties to the aforegoing instrument of writing and executed and acknowledged the same to be their and each of their act and deed for the purposes therein expressed– We further certify that the said Henry Johnson and William McSherry the attorney in fact of Thomas F. Mulledy are personally known to us to be the Identical persons executing said Instrument of writing and making this acknowledgement– We further Certify that the said James Ward & John X, Aiken the said witnesses are free white male Citizens of United States and above the age of twenty one years– 

                                                          John Cox

                                                    Lewis Carbery 

           District of Columbia to wit

           I William Brent Clerk of the Circuit Court of the District of Columbia  for the County of Washington, hereby certify, that John Cox and Lewis Carbery, before whom the above acknowledgement seems appears to have been made, and whose names are thereto signed, were at the time of signing the same, and still are, Justices of the peace for the Said County, duly commissioned and qualified– and to their acts as such, full faith and credit, are, and ought to be given as well in Courts of Justice as thereout                                                                                  In testimony whereof I hereto set my Hand, and affix the Seal of the said Court, this nineteenth Day of September 1839.

                                                                                                         W^m Brent Clk 

Seal
of the
Court

District of Columbia to wit.

                       I William Cranch chief Judge of the Circuit Court of the District of Columbia, hereby certify, that the annexed attestation of William Brent Clerk of the said Court for the County of Washington is in due form. Given under my hand, this 19th day of September 1839.                                                                                                                                                         W Cranch..

We do hereby certify the aforegoing to be a just, true & faithful copy of the original to which we subscribed our names as witnesses and the execution of which we personally witnessed as well as the

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acknowledgement made before the two justices of the Peace, and their certificate attached - Given this tenth day of October 1839, at Washington County in the District of Columbia 

                  James Ward   seal

                  John X. Aiken seal