Mortgage of Jesse Batey to Thomas Mulledy for 64 persons, 1839

                        Be it remembered, that whereas the undersigned Henry Johnson of the Parish of S^t.James in the state of Louisiana and Jesse Batey of the Parrish of Terre=bonne in same state did on the nineteenth day of June in the Year of our Lord one thousand eight Hundred and thirty eight at the City of Washington in the District of Columbia enter into an agreement with Thomas F. Mulledy of said District, wherein the said Thomas F. Mulledy agrees to sell and deliver to the said Henry Johnson and the said Jesse Batey two hundred and seventy two negro slaves, the names and ages of whom were described in said agreement, which was signed in

Triplicate; and Whereas the said Jesse Batey, not wishing to attend to the division and delivery of said slaves and to the doing of other acts relative to the same, did, upon the twenty eighth day of September In the Year of our Lord one hundred eight thousand and thirty Eight, by an authentic act, of which a certified copy is marked A and hereunto annexed as a part of this instrument of writing, passed before Honorable Leufroy Barras, Judge of the parrish of Terre=bonne aforesaid and duly recorded as the Law requires, constitute and name the said Henry Johnson who signs this instrument of Writing, as the true and lawful attorney in fact of him the said Jesse Batey and among other things did authorise the said Henry Johnson to mortgage to the said Thomas F. Mulledy certain tracts of Land named in said power of attorney and also all the Interest of him the said Jesse Bailey in the said slaves so agreed for as aforesaid to be purchased or the portion of said Jesse Batey in said slaves then thereafter to be assertained and set a part for him the said Jesse Batey, to secure the payment of the purchase money of said Jesse Batey’s portion of said slaves, unto the said Thomas F. Mulledy, and whereas the portion of said slaves taken by the said Jesse Batey, amounted to the number of Sixty four, to wit: Nace Butler 50 years of age, Biby forty five years of age and her infant, Caroline 16, Basil 14, Martha Anne 12,– Anne 10, Gabe 9, Biby 8, Henny 7, Tom 5, Mary three, John Lewis 18 months, Gustin 9,

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Phil Merrick 55, Nelly 53, Lewis 12, Nilly Barney 55, Kitty Walton 53, Eliza Butler 19, and her infant, Mary Ellen 17, Bennet 45, Clare 42, James 21, Christiana 18, Ellen or Eleanor 15, Alexius 13, Lucy Anne 11, Dina 8, Peg 6, Gerard 24, Rose Anne 24, Bill Hill 29, Peter 51, Betsy Hill 55, Len Queen 50, Anny 51, Charles 1, Nance 8, Eliza 10, Mary Anne Digges 18, Sam Harris 25, Betsy 25, Sam (her son) 1, Ellen 4, Martha 2, Ned Harris 5, Patrick Hawkins 35, Letty 30, Martha her infant 1, Cornelius 13, Frances 12, Susan 10, Gabriel 8, Peter 5, Jackson 3, Elizabeth 1, Bernard Butler 38, Augustine West 35, Adel 9, George Harris 65, Kitty 50, Sarah 10 and Oswald 5; and Whereas all of said slaves were delivered to the said Jesse Batey and upon the 10th day of November 1838, at the City of Washington aforesaid, the said Thomas F. Mulledy, by a private instrument of writing under the signatures of the said Thomas F. Mulledy and the said Henry Johnson acting for the said Jesse Batey, conveyed all of said slaves to the said Jesse Batey, and they were accepted by the said Henry Johnson as the attorney of said Jesse Batey as will appear by said Private Instrument of writing which has been duly recorded and inscribed as the Law directs in the office of the Honorable John Dutton Parish Judge of the Parish of Ibbervill aforesaid in record book designated T N^o 24, twenty four, to which a reference is hereby made as a notice of the same; and Whereas in the same last mentioned Private Instrument of writing, the said Henry Johnson as attorney of the said Jesse Batey and in virtue of the aforesaid Power of attorney, did mortgage unto the said Thomas F. Mulledy the aforesaid sixty four salves to secure unto the said Thomas F. Mulledy, the payment of five thousand four hundred and eleven dollars and forty cents, being a balance due upon each of five promissory notes of the said Jesse Batey dated upon the 10^th of November 1838 and each note for the sum of nine thousand dollars, payable at Georgetown College District of Columbia, the interest upon the same to be paid annually in the month of March, the said five notes being made payable to or in favor of the aforesaid Henry Johnson who in his individual capacity and for himself indorsed the same, and

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payable as follows, vis, one in March 1845, with endorsement upon it “I do hereby bind myself as security for the payment of the within note”. H. M. Thibodaux–, one in March 1846, endorsed by Miles Taylor, in like manner: one in March 1847, endorsed by Henry S. Thibodaux, in like manner, one in March 1848, endorsed by L. Barras in like manner and the other in March 1849 endorsed by Lemuel Taylor in like manner; and Whereas the amounts due upon each of said notes all added amount to the sum of twenty seven thousand and fifty seven dollars, being the amount of the purchase money due by said Jesse Batey for the purchase of said negro slaves and to secure the payment of the same as due on said notes the aforesaid slaves and a certain tract of Land, situated and fronting upon each side the bayou Maringouin in the Parish of Iberville aforesaid, containing thirteen hundred and ninety superficial arpents, more or less, adjoining the Lands of the said Henry Johnson above, were mortgaged or intended so to be by said Henry Johnson acting for the said Jesse Batey, in the aforesaid instrument of writing of the 10th of November 1838. Now‸^{Whereas doubts may exist as to the validity of said act} this indenture Witnessth, that the said Jesse Batey, by his attorney in fact aforesaid, the said Henry Johnson, does by these presents, for himself, his heirs, executors and administrators reexecute the aforesaid Instrument of writing of the 10^th of November 1838, so far as the same did or was intended to convey the aforesaid slaves and the said tract of Land in mortgages to secure the amounts due upon the aforesaid several notes to the said Thomas F. Mulledy and the same is hereby further satisfied and confirmed in all its parts and for all its purposes; and the said Jesse Batey, by his said attorney in fact, doth hereby expressly and specially mortgage and Hypothecate unto the said Thomas F. Mulledy, his executors, and administrators or assigns, to secure the payment of the promissory notes aforesaid hereafter herein to be described, the following slaves, being the same purchased from said Thos. F. Mulledy as aforesaid mentioned and all of whom are american born slaves, having been born in

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In the State of Maryland one of the United States, where they were when delivered to said Jesse Batey and said slaves being now in the State of Louisiana where they have been carried by the said Jesse Batey, viz: to wit, Nace Butler, a male, aged about 50 years, Biby a female aged about 45 years and her infant child, a –––aged about [ ] months and named ––––––, Caroline, a female aged about 16 years, Basil a male aged about 14 years, Martha Anne a female aged about 12 years, Anne a female aged about ten years, Gabe a male about 9 years,  Biby a female aged about 8 years, Henry a male aged about 7 years, Tom a male aged about 5 years, Mary a female aged about 3 years, John Lewis, a male aged about 18 months, Gustin a male aged about 9 years ­­­­­––––––––– Phil Merrick a male aged about 55 years, Nelly a female aged about 53 years, Lewis a male aged about 12 years, Nelly Barney a female aged about 55 years, Kitty Walton  a female aged about 53 years, Eliza Butler a female aged about 19 years and her infant a –––––––– aged about [ ] years and named –––––––––, Mary Ellen a female and aged about 17 years, Bennet a male aged about 45 years, Clare a female aged about 42 years, James a male aged about 21 years, Christiana a female aged about 18 years, Ellen or Eleanor  a female aged about 15 years, Alexius a male aged about 13 years, Lucy Anne a female aged about 11 years, Dina a female aged about 8 years, Peg a female aged about 6 years, Gerard a male aged about 24 years, Rose Anne a female aged about 24 years, Bill Hill a male aged about 29 years, Peter a male aged about 51 years, Betsy Hill a female aged about 55 years, Len Queen a male aged about 50 years, Anny a female aged about 51 years, Charles a male aged 1 year, Nance a female aged about 8 years, Eliza a female aged about 10 years, Mary Anne Digges a female aged about 18 years, Sam Harris a male aged about 25 years, Betsy a female aged about 25 years, Sam Betsy’s son, a male aged about 1 year, Ellen a female aged about 4 years, Martha a female aged about 2 years, Ned Harris a male aged about 5 years, Patrick Hawkins a male aged about 35 years, Letty a female aged about 30 years, Martha Lettys child aged about 1 year, Cornelius a male aged about 13 years Frances a female aged about 12 years, Susan a female, aged about 10 years Gabriel

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Gabriel a male aged 8 years, Peter a male aged about 5 years, Jackson a male aged about 3 years, Elizabeth a female aged about 1 year, Bernard Butler a male aged about 38 years, Augustine West a male aged about 35 years, Adel a female aged about 9 years, George Harris a male aged about 65 years, Kitty a female aged about 50 years, Sarah a female aged about 10 years old and Oswald a male aged about 5 years, together with the increase of all of said slaves. ­­­­­­­––––––

            The said Jesse Batey by the said Henry Johnson his attorney as aforesaid doth further mortgage and Hypothecate unto the said Thomas F. Mulledy, his heirs, executors, and administrators or assigns for the purpose last aforesaid stated and to secure the payments also hereafter named a certain tract or parcel of Land, situated and fronting on each side of the Bayou Maringouin in the parish of Iberville in the State of Louisiana, containing thirteen hundred and ninety superficial acres, more or less, adjoining the Lands of the said Henry Johnson above_

            Now this mortgage is specially made and secure the payment of the sum of twenty seven thousand and fifty seven dollars, with interest, being the amount of the purchase [ ] money for the aforesaid slaves, and for the which sum, the said Jesse Batey has given his five promissory notes to wit: Each note for the sum of nine thousand dollars, payable to George town College, District of Columbia and with six percent interest from the date thereof till paid, the interest to be paid annually in the month of March at said Georgetown College and each note dated upon the 10th day of November 1838 said Henry Johnson and endorsed by him, payable as follows; one in all the month of March 1845 and this endorsed “I do hereby bind myself as security for the payment  of the written note.= H. M, Thibodaux; one in all the month of March 1846, endorsed by Miles Taylor in like form; one in all the month of March 1847 endorsed by Henry C. Thibodaux in like form; one in all the Month of March 1848, endorsed by L. Barras in like form and other in the month of March 1849, endorsed by

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By Lemuel Tanner in like form; but it is well understood that a credit of three thousand five hundred and eighty eight dollars and sixty cents, is credited and endorsed upon each of said notes, leaving a balance due on each of the sum of five thousand four hundred and eleven dollars and forty cents to be applied to the payment of the sum due for said slaves, and this mortgage is made to secure the payment of the balance due as aforesaid with Interest upon each of said five notes _____

            It is further covenanted and agreed, that the said Jesse Batey either in person or by his said attorney, shall and will do all and any other act that may be necessary according to the Laws of Louisiana for the more ample security of the rights of the said Thomas F. Mulledy in the premises, if the same be deemed fit and necessary ––––to render the said mortgage format and legal ––––

            In Witness hereof the said Jesse Batey by Henry Johnson his attorney in fact, and the said Thomas F. Mulledy as accepting said mortgage by his attorney in fact William McSherry of the District of Columbia, have signed their names and affixed their seals, this 18^th day of September in the year of our Lord one thousand eight hundred and thirty nine, and in the presence of James Ward and John X. Aiken ––– two subscribing witnesses,  both of whom are free white male citizens of the United States and above the age of twenty one years–––.  word “cents” erased and word “dollars” on 3^rd page being interlaid, before execution, also the words Whereas doubts may exist as to the validity of said act, first interlaid ––– the words added “to render the said mortgage formal & legal” were added written before signing ––––––                           

                                                                                        Jesse Beaty                      Seal

Signed, sealed and                                                  by agent Henry W. Johnson  Seal

Executed in the presence of us

James Ward                                                               Thomas F. Mulledy             Seal

John X. Aiken                                                                      by his agent Wm.McSherry

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Washington County

District of Columbia to wit .

Be it remembered that upon this 18^th day of September 1839, Henry Johnson and William McSherry personally known to us to be the identical persons who signed and sealed the aforegoing instrument of writing, appeared berore us two justices of the Peace of the District of Columbia for the County aforesaid and executed and acknowledged the aforegoing instrument of writing to be their and each of their act and deed for the purposes therein expressed and that the same is the act and deed of the said Jesse Batey and the said Thomas F. Mulledy for the purpose expressed in said instrument of writing –we further certify the signatures of the subscribing witnesses to the aforgoing instrument of writing are their proper signutures and that the said witnesses are above the age of twenty one each, and that they are both free white male citizens of the United States.

John Cox

Lewis Carbery

District of Columbia- County of Washington

                        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 acknowledgements appears to have been made were at the time of signing the same, and still are justices of the peace for the county of Washington in the said District of columiba and qualified to their acts as such good faith and credit are, and ought to be given as well in court of justice as thereout.

                        In testimony whereof theruto to set my hand and affix the seal of the said court this nineteenth day of September 1839.

Wm. Brent Clrk

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District of Columbia, to wit:  I William Cranch, chief Judge of the Circuit Court of the District of Columbia, hereby certify, that the within attestations of William Brent Clerk of the Circuit Courts of said District for the County of Washington is in due form.

Given under my hand this 19th of September 1839.

                                           W Cranch

                                                                                                    Jesse Batey  Louisiana

                                                                                          By H. Johnson his attorney   

                                                                                        Mortgage of Land and slaves  

State of Louisiana

I John Dutton parish judge in 

and for the parish of Iberville do hereby

certify that the foregoing art and mortgage

Was duly worded in my office.

                               Given under my hand and public 

                               Seal this 19th day of December

                                AD 1839 

                                         John Dutton

                                          Judge

I, Leufroy Barras Judge for the parish of Terrebonne

Hereby certify that the foregoing has been duly

Recorded in my office this day..

                                  Witness my hand and seal

                                     This 15th January 1840

PARISH   OF   TERREBONNE                   L. Barras

                                                                       Judge