Henry Johnson renegotiates the terms of sale, February 17, 1844
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This material has been re-digitized by Booth Family Center for Special Collections, Georgetown University Library, accessible at: Slavery, Agreement between Mulledy and Johnson Related to 1838 Sale (1 of 2), 1844, Box 62, Folder 16, Identifier 119_40_6,Georgetown University Manuscripts, Archives of the Maryland Province of the Society of Jesus,2. Records of the Procurator, 1633-1968, 2.1 Subject Files, 1633 - 1968, Booth Family Center for Special Collections, Georgetown University
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GTM119b40f06i12a-oo.pdf
Be it known that on this day, before me Charles Victor Faulon, notary public, only commissioned and sworn for the City and Parish of New Orleans, State of Louisiana; and in the presence of the undersigned witnesses:______
Personally appeared:
Governor Henry Johnson, of the Parish of Ascension, in this State of Louisiana; on the one part:_______
and Edmund John Forstall, of this city, herein acting in the name and behalf of Reverend Thomas F. Mulledy, now of
[several lines blank]
Which said appearers declared:
That on the nineteenth day of June Eighteen hundred and thirty eight, by an act under private signatures, executed at Washington City, District of Columbia, the said Thomas F. Mulledy entered an agreement with the said Henry Johnson and Jesse Batey of the Parish of Terrebonne, for the sale of two hundred and seventy two slaves.
That the said agreement was but partly executed between the aforenamed, and that the number of slaves sold by the said Thomas F. Mulledy was only of two hundred and four, whereof one hundred and forty were sold to the said Henry Johnson, by two deeds under private signatures, executed at the said Washington City; the first one bearing date tenth November Eighteen hundred and thirty eight [End page 1] being a sale of fifty six slaves; and the second one bearing date twenty ninth day of November Eighteen hundred and thirty eight, being a sale of Eighty four other slaves, making together the said one hundred and forty slaves sold to the said Henry Johnson._____
That by another act under private signatures, executed at Washington City on the Eighteenth September Eighteen hundred and thirty nine, acknowledged on the same day before John Cox and Lewis Carbery, two Justices of the Peace for Washington County, District of Columbia, and duly recorded in the office of the Parish Judge of the Parish of Iberville, in Book S Entry No. 184 (one hundred & eighty four) By the said act, the said Henry Johnson confirmed the said sale of the tenth day of November Eighteen hundred and thirty eight and granted a special mortgage in favor of the said Thomas F. Mulledy, to secure the sum of Twenty seven thousand and fifty seven dollars and the interest thereon:_______
1st.. on the said fifty six slaves sold by the said Thomas F. Mulledy to the said Henry Johnson, by the aforesaid deed of the tenth day of November Eighteen hundred and thirty eight, to wit:
Betty Dorsey, a female 30 years.
Bernard, a male, about 15 years.
Lucinda, a female, about 13 years.
Anne Jones, a female, aged 26 years.
Arnold, a male, about 9 years.
[End page 2]
Louise, a female, about 6 years.
Emilie Brown, a female 13 years.
Amanda, a female, about 10 years.
Elizabeth, a female, about 8 years.
Billy, a male, about 6 years.
Harriet Eagline, a female 6 years.
Adelaine Campbell, a female 28 years.
Maria, a female, about 9 months.
Martha, a female about 11 years.
Grinney, a female, about 6 years.
Catherine, a female about 50 years.
Sally, a female, about 60 years.
Jo Greenleaf, a male, about 60 years.
Easter, a female, about 60 years.
Greenfield, a male, about 26 years.
Sylvester, a male, about 22 years.
Emeline, a female, about 17 years.
Milly, a female, about 14 years.
Mary, a female, about 12 years.
Lucinda, a female, about 10 years.
Ferdinand Hill, a male 21 years.
Harriet, a female, about 17 years.
Biby Plowden, a female, about 50 years.
Charlotte, a female aged about 23 years
July Anne, a female, about 23 years.
Remusa, a male, about 18 years.
Joseph, a male, about 11 years.
Elisabeth, a female, about 8 years.
Bitter, a male, about 15 years.
Nelly Black, cook, a female 30 years.
Nelly, a female, about 17 years.
Lucretia Hill, a female 17 years.
Suzan Plowden, a female 18 years.
Pricilla, a female, about 8 years. [End page 3]
Kitty Hawkins, a female, 28 years.
Elias, a male, about 18 months.
Austin, a male, about 7 years.
Isaac, a male, about 4 years.
John Brown, a male, 35 years.
Trissy West, a female, 7 years.
Harriet Anne, a female, 5 years.
William, a male, about 18 years.
Thomas Riley, a male 18 years.
James Blair, a male 14 years.
Henry Johnson, a male 10 years.
Nace Harris, a male 50 years.
Nancy Hill, a female, 50 years.
Tom Dorsey, a male 50 years.
Nelly Harrison, a female, 50 years.
John, a male, about 6 years.
George Henry, a male 2 years.
Together with all the increase of said slaves.
And 2d a certain tract or parcel of land, situate on the west side of Bayou Maringouin, in the parish of Iberville, in the State of Louisiana, containing twelve hundred and forty five superficial acres, more or less, being the same purchased by the said Henry Johnson from a certain H.M. Thibodeaux, and adjoining the lands of Jesse Batey, below, and those of Perry above.
And the said mortgage was duly recorded in both offices of mortgages of the Parish of Iberville and Ascension, to wit: on the first one, in Book S entry No. one hundred and eighty four, [End page 4] and in the last one, in Book of Conventional mortgages No. Seven, pages one hundred and fifty eight and following:
and the aforesaid appearers moreover declared: That by another act, also under private signatures, executed at Washington City on the Eighteenth day of September Eighteen hundred and thirty nine, acknowledged on the same day, before John Cooo & Lewis Carbery Justices of the Peace for the said Washington County, District of Columbia, and duly recorded in Book of Conventional mortgages No. Seven, page one hundred and sixty two, in the office of the Judge ex-officio Recorder of mortgages in and for the Parish of Ascension; By which act, the said Henry Johnson, confirmed the said sale of the twenty ninth day of November Eighteen hundred and thirty eight, and granted a special mortgage in favor of the said Thomas F. Mulledy, to secure 1st the sum of forty five thousand dollars, amount of five promissory notes hereafter described; and 2nd the sum of Eleven thousand and two hundred dollars, amount of five other promissory notes of two thousand two hundred and forty four dollars each, also hereafter described, and also to secure the Interests according to said act.
Which mortgage was granted on the following described property, to wit:
1st.. on the Eighty four slaves sold by the said Thomas F. Mulledy to the said Henry Johnson, by the aforesaid act of the twenty ninth day of November Eighteen hundred and thirty Eight; [End page 5] the said slaves named and aged them, as follows, viz: [one paragraph crossed out]
Henny, a female, aged about 28 years.
Regis, a male--do--22 years.
Joseph, a male--do--22 years.
Harry, a male--do--40 years.
Gabe, a male--do--28 years.
Louisa, a female--do--23 years.
Regis, a male--do--28 yars.
Peter, a male, aged about--37 years.
Michael, a male--do--33 years.
Ginny, a female--do--19 years.
Luke, a male--do--32 years.
Nathan, a male--do-64 years.
James, a male--do--60 years.
Alexius, a male--do--36 years.
Harry, a male,--do--75 years.
Amy, a female--do--70 years.
Sarah, a female,--do--48 years.
John, a male--do--31 years.
Abraham, a male, --do--27 years.
Mary, a female--do--23 years.
Dick, a male, --do--27 years.
Stephen, a male,--do--49 years.
Mary, a female,--do--59 years.
Harry, a male,--do--65 years.
Charles, a male,--do--75 years. [End page 6]
Ginny, a female aged about --65 years.
Henny, a female, --do--30 years.
Ginny, a female, --do--13 years.
Mathilda, a female--do--30 years.
Frances, a female,--do--10 years.
a girl--do--6 years
another--do--4 years.
& another--do--18 months.
The three last all children of Mathilda.
Mary, a female--about-- 55 years.
Mary, a female--do--65 years
John Butler, a male--do--35 years.
Hen Gurden, a male--do--57 years.
John Coyles, a male--do--22 years.
Margaret, a female,--do--26 years.
& her daughter--do--4 years.
Celestia, a female--do--30 years.
Louisa, a female--do--22 years.
Crissa, a female--do--32 years.
& her girl--do--10 years.
a boy--do--8 years.
a girl--do--4 years.
& a boy--do--18 years.
Stephen, a male, --do--60 years.
Teresa, a female--do--70 years.
Daniel, a male, --do--70 years.
Isaac, a male--do--65 years.
Nelly a female, --do--38 years.
Henny, a female--do--13 years.
Cecelia, a female--do--8 years.
Rutley, a female--do--6 years.
Sally, a female--do--65 years.
Billy, a male--do--40 years. [End page 7]
Joseph, a male aged about 40 years.
Kitty, a female--do--22 years.
Mary, a female--do--6 years.
Susana, a female--do--4 years.
Elizabeth, a female--do--1 year.
Polly, a female--do--60 years.
Sally, a female--do--50 years.
Robert, a male--do--12 years.
Mixty, a female--do--26 years.
Nancy, a female--do--5 years.
Mary, a female--do--2 years.
Charles or Jarvis, a male do--60 years.
James, a male--do--50 years.
Eliza, a female--do--26 years.
Reverdy, a male--do--7 years.
Noble, a male--do--5 years.
Edward, a male--do--3 years.
Richard, a male--do--38 years.
William, a male--do--42 years.
Margery, a female--do--60 years.
Maria, a female--do--26 years.
Lew (sickly) a male--do--38 years.
Maria, a female--do--5 years.
William, a male--do--2 years.
Henry, a male--do--8 years.
Charles, a male--do--40 years.
Willin, a male--do--2 years.
And the increase of all said slaves.
And 2d. On a certain tract of land situate in the Parish of Pointe Coupee, in this State, on each side of the bayou Fordache, being the same purchased by the said [End page 8] Henry Johnson, from H.M. Thibodeaux; containing nine hundred and seventy nine superficial acres more or less.
Which said act was recorded in the Parish of Point Coupee at the Judge's office, on the twenty third day of December Eighteen hundred and thirty nine; and in the Parish of Ascension, also at the Judge's office, Book No. Seven, pages one hundred & sixty two and following:
And the said appearers moreover declared: That the sale of the fifty six slaves, executed as aforesaid on the tenth day of November Eighteen hundred and thirty eight, was made for and in consideration of the sum of Forty five thousand dollars for which the said Henry Johnson granted five promissory notes, each for nine thousand dollars, dated on the tenth of November Eighteen hundred and thirty eight, in favor of Jesse Batey and endorsed by him; all said notes payable at Georgetown College, District of Columbia, with six per cent per annum interest from the date thereof until paid, the Interest to be paid annually in the month of March at the said College, and the said notes were payable as follows: One in the month of March Eighteen hundred and forty five, endorsed, viz: "I do hereby bind myself as security for the payment of the within note Jos. Johnson." One in March [End page 9] Eighteen hundred and forty six, also endorsed by Jos. Johnson, in like form; One in all march Eighteen hundred and forty seven, also endorsed by Jos. Johnson, in like form; One in all March Eighteen hundred and forty eight, also endorsed by Jos. Johnson, in like manner; and the other in all march Eighteen hundred and forty nine and endorsed also by Jos. Johnson in like form.
Which five notes of Nine thousand dollars each, according to the aforesaid act of the Eighteenth day of September Eighteen hundred and thirty nine, confirming the sale of tenth day of November 1838, were credited each, of the sum of three thousand five hundred and Eighty eight dollars and sixty cents, making in the aggregate the sum of Seventeen thousand nine hundred and forty three dollars leaving thus a balance one on said notes, of the sum of Twenty seven thousand and fifty seven dollars for the sale of the said Fifty six slaves
That the sale of the Eighty four slaves, executed on the twenty ninth day of November Eighteen hundred & thirty eight was made for and in consideration of the sum of Twenty nine thousand one hundred and sixty three dollars in part payment of which the said Henry Johnson granted five notes of Two thousand two hundred and forty four dollars, each, dated the twenty ninth day of November Eighteen hundred and thirty eight, in favor of the said [End page 10] Thomas F. Mulledy, payable: one in the month of March Eighteen hundred and forty five; One in the month of March Eighteen hundred and forty six; one in the month of March Eighteen hundred and forty seven; One in the same month Eighteen hundred and forty eight; and the other in the same month Eighteen hundred and forty nine; all payable at Georgetown College, in the District of Columbia; and all bearing six per cent interest from the date until paid; which Interest was to be paid annually in the month of March, at said college;
And for the balance of the said purchase money, being Seventeen thousand nine hundred and forty three dollars, it was agreed, as well in the said act, as in an other confirming the same and dated the Eighteenth September Eighteen hundred & thirty nine, afore mentioned, that the credits given upon the backs of the five promissory notes of the said Henry Johnson, each for nine thousand dollars and aforedescribed, were to be reinstated as if never deducted, and that the said notes of nine thousand dollars each, were to remain in full force for the whole amount expressed therein, without any deduction thereon; The said credits make together the said sum of Seventeen thousand nine hundred and forty three dollars, balance of said purchase money.
Thus, as appears from the aforesaid acts, the sum due by the said [End page 11] Henry Johnson, to the said Thomas F. Mulledy for the purchase of the aforedescribed one hundred and forty slaves, amounts in capital to the sum of Fifty six thousand two hundred and twenty dollars, amount of the ten notes of the said Henry Johnson, to wit:
The first note for nine thousand dollars, payable in all March 1845 $9000.
The second, for the same amount of nine thousand dollars, payable in all March 1846-----9000
The third note, for a like sum of Nine thousand dollars, payable in march 1947.----9000
The fourth, for a like amount of nine thousand dollars, payable in all March 1848----9000
The fifth, for a like sum of nine thousand dollars payable in all March 1849---9000
The sixth, for the sum of two thousand two hundred & forty four dollars, payable in March 1845--2244
The seventh, for a like sum of two thousand and two hundred and forty four dollars, payable in March 1846 2244
The Eighth, also for Two thousand two hundred & forty four dollars, payable in March 1847.----2244
The ninth, also for Two thousand two hundred and forty four
a transporter $51732 [End page 12]
Par transport $51732
dollars, payable in march 1848 $2244
and the tenth, also for Two thousand two hundred and forty four dollars, payable in march 1849 2244
Total amount of the capital due $56,220
And the said Governor Henry Johnson and the said Edmund J. Forstall, in his aforesaid capacity, moreover declared:
That owing to the difficulties of the times, the said Henry Johnson having failed to pay the Interest due thirty first March Eighteen hundred and forty three, and being not ready to pay the interest due next March, and being willing and anxious to an extension of time on his above enumerated obligations, the said Henry Johnson proposed, and the said Thomas F. Mulledy, by his said attorney granted the said extension of time, on the following conditions, viz:
1st.. That the said Thomas F. Mulledy should grant an extension of five years, for the payment of the capital sum due by the said Henry Johnson, to wit. Fifty six thousand two hundred and twenty dollars, that is to say: that the said sum should be payable in five equal payments of Eleven thousand two hundred and forty four dollars, on the thirty first day of March of the years Eighteen hundred and fifty, Eighteen hundred and fifty one, Eighteen hundred and fifty two, [End page 13] Eighteen hundred and fifty three and Eighteen hundred and fifty four; and that the said Henry Johnson should grant his note payable as aforesaid, to the order of the said Thomas F. Mulledy.
And that the said Henry Johnson, should give his notes to the order of Thomas F. Mulledy, for the amount of the Interest, at the rate of Six per centum per annum, due or to be due on said capital sum from this day up to the maturity of the last portion of said capital.
2d.. That the said Henry Johnson should grant a new mortgage: 1. on that land situate on the west side of Bayou Maringouin, in the parish of Iberville; 2d. On another land situate in the parish of Point Coupee, on the Bayou Fordache; said lands already mortgaged in favor of the said Thomas F. Mulledy as aforesaid; and 3d. On all the surviving, out of the one hundred and forty slaves purchased by the said Gov. Johnson by the aforesaid acts of the tenth and twenty ninth November Eighteen hundred and thirty eight; and the issue of the female part of them.____
3d.. That the said Henry Johnson should specially mortgage in favor of the said Thomas F. Mulledy: 1. His whole Estate in the parish of Ascension, where he now resides. 2. The thirty four slaves mortgaged by him in favor of the Citizens Bank and the Union Bank; and 3. any land that may hereafter be [End page 14] purchased by him adjoining the said Estate of the Parish of Ascension.____
4th.. That Mrs. Johnson should intervene in this act, to renounce all her rights of mortgage or others which she may have by virtue of the Laws of Louisiana, on all the property to be mortgaged by her husband._____
And the said appearers have formed together a list of the promissory notes to be given by the said Henry Johnson, as well for the capital as for the Interest due, up to the thirty first March Eighteen hundred and forty four, when the last note will fall due, to wit:_____
The first note, for the sum of Seven thousand two hundred and sixty three dollars and twenty two cents, payable thirty first March Eighteen hundred and forty five: which note is given, viz:
1. for balance of Interest due up to the thirty first March Eighteen hundred and forty three: said balance amounting to Six thousand two hundred and Eighty four dollars and twelve cents.-------$6284.12
2. for one year Interest on the said balance, due thirty first March Eighteen hundred and forty four; Three hundred and seventy seven dollars and four cents.---377.04
$6,661.16
3. For one year Interest on Six thousand six hundred and sixty one dollars and sixteen cents, due thirty first March Eighteen hundred
a transporter $6661.16 [End page 15]
Par transport $6661.16
and forty five; said Interest amounting to Three hundred and ninety nine dollars and sixty seven cents 399.67
Et 4. For one year Interest on three thousand three hundred and seventy three dollars and twenty cents (for one year interest on fifty six thousand two hundred and twenty dollars) due on the thirty first March Eighteen hundred and forty four and not paid; said Interests amounting to two hundred and two dollars & thirty nine cents.-----202.39
Amount of the first note $7263.22
The second note will be for the sum of Ten thousand three hundred and twenty one dollars and ninety nine cents, payable thirty first March Eighteen hundred and forty six, and given for:
1. for one year Interest on fifty six thousand two hundred and twenty dollars, due thirty first March Eighteen hundred and forty four and not paid; said Interest amounting to Three thousand three hundred and seventy three dollars and twenty cents.---$3373.20
2. for another year Interest on the same capital due thirty first March Eighteen hundred and forty five and not paid.-----3373.20
3. for another year Interest on the same capital, due thirty first
a transporter $6746.40 [End page 16]
Par transport $6746.40
March Eighteen hundred and forty six 3373.20
and 4. Two hundred and two dollars, for one year Interest on three thousand and seventy three dollars and twenty cents, amount of Interest due thirty first March Eighteen hundred and forty five and not paid. ---- 202.39
Amount of the second note $10,321.99
The third note for Three thousand three hundred and seventy three dollars and twenty cents ($3373.20) payable thirty first March Eighteen hundred and forty seven; Being for one year Interest on fifty six thousand two hundred and twenty dollars._______
The fourth note for a like amount ($3373.20); being for one year interest on the same capital; said note payable thirty first March Eighteen hundred and forty eight.____
The fifth note, also for three thousand three hundred and seventy three dollars and twenty cents ($3373.20) being payable thirty first March Eighteen hundred and forty nine; being for one year Interest on the same capital sum.
The sixth for the same amount ($3373.20) payable thirty first March Eighteen hundred and fifty; Being for one year interest on the same capital sum.__________
The seventh for the sum of Eleven thousand two hundred and forty four dollars ($11244) payable thirty first March Eighteen hundred and fifty; being for the first fifth part of the capital. [End page 17]
The Eighth for the sum of Two thousand six hundred and ninety eight dollars and fifty six cents, payable thirty first March Eighteen hundred and fifty one; Being for one year Interest on forty four thousand nine hundred and seventy six dollars, amount of the balance due on said capital, the aforesaid notes being duly paid.______
The ninth for the sum of Eleven thousand two hundred and forty four dollars, payable thirty first March Eighteen hundred and fifty one (11,244-..) Being for the second fifth part of the capital, the preceding notes being paid.___
The tenth for the sum of Two thousand and twenty three dollars and ninety two cents, payable thirty first March Eighteen hundred and fifty two, ($2023.92) for one year Interest on thirty three thousand seven hundred and thirty two dollars, balance due on said capital the aforesaid notes being paid.______
The Eleventh note for Eleven thousand two hundred & forty four dollars ($11244) payable thirty first March Eighteen hundred and fifty two; Being for the third fifth part of the capital.________
The twelfth for thirteen hundred and forty nine dollars & twenty eight cents. ($1349.28) payable thirty first March Eighteen hundred and fifty three, for one year Interest on twenty two thousand four hundred and Eighty eight dollars, balance of the capital due, the above notes being paid._________
The Thirteenth for Eleven thousand two [End page 18] hundred and forty four dollars ($11244.) payable thirty first March Eighteen hundred and Fifty three; being the fourth fifth part of the capital.
The fourteenth for Six hundred and seventy four dollars & sixty four cents ($674.64) payable thirty first March Eighteen hundred and fifty four; Being for one year Interest on the last fifth part of the capital, to wit: Eleven thousand two hundred and forty four dollars; the said aforedescribed notes being paid.___
And the fifteenth and last note, for Eleven thousand two hundred and forty four dollars (11244) payable thirty first March Eighteen hundred and fifty four; Being for the last fifth part of the capital.________
Now therefore, in accordance with the aforesaid agreement, the said Henry Johnson has granted fifteen promissory notes, drawn by him under date of this day, to the order of the said Thomas F. Mulledy, payable at the Bank of Louisiana in New Orleans, as follows viz:
Five of them for Eleven thousand two hundred and forty four dollars each, payable respectively on the thirty first March of the years Eighteen hundred and fifty, fifty one, fifty two, fifty three and fifty four. The sixth for Seven thousand two hundred and sixty three dollars and twenty two cents, payable thirty first March Eighteen hundred and forty five. The Seventh for Ten thousand three hundred and twenty one dollars and ninety nine cents, payable thirty first March Eighteen hundred and forty six. The Eighth, ninth [End page 19] tenth and Eleventh, each for Three thousand three hundred & Seventy three dollars and twenty cents, payable respectively thirty first day of March of the years Eighteen hundred and forty seven, forty eight forty nine and fifty. = The twelfth for Two thousand six hundred and ninety eight dollars and fifty six cents, payable thirty first March Eighteen hundred and fifty one. The thirteenth for Two thousand & twenty three dollars and ninety two cents, payable thirty first March Eighteen hundred and fifty two. = The fourteenth for Thirteen hundred and forty nine dollars and twenty-Eight cents, payable thirty first March Eighteen hundred and fifty three = and the fifteenth for six hundred and seventy four dollars and sixty four cents, payable thirty first March Eighteen hundred and fifty four.____
Which said fifteen notes, amounting together to the sum of Ninety four thousand and forty four dollars and forty one cents, have been signed nevarietur by the undersigned notary to Identify them with this present act, and have been delivered to the said Edmund J. Forstall, in his aforesaid capacity; and the said Forstall acknowledges the receipt of the same.
And in order to secure the payment of the said sum of ninety four thousand and forty four dollars and forty one cents, amount of the said fifteen notes above described; and also to secure the payment [End page 20] of any Interest at the rate of Six per centum per annum, from due till paid in case of nonpayment of any of the said notes, the said Henry Johnson does hereby specially mortgage and hypothecate, in favor of the said Thomas F. Mulledy, (hereby accepting through his said attorney in fact Mr. Edmund J. Forstall;) the following described property to wit:
1st.. Fifty nine slaves, whose names and ages are as follows, viz:
Betty Dorsey__aged about 34 years.
Bernard_____________do____19 years.
Lucinda_____________do____17 years.
Anne Jones___________do__30 years.
Arnold____________do______13 years.
Louise____________do______10 years.
Emilie Brown______do____17 years.
Elizabeth___________do____12 years.
Billy________________do____10 years.
Harriet Eagline____________do____10 years.
Adelaine Campbell________do____32 years.
Maria___________do____5 years.
Martha___________do____15 years.
Grinney___________do____10 years.
Catherine___________do____54 years.
Sally___________do____64 years.
Jo Greenleaf___________do____64 years.
Easter___________do____64 years.
Greenfield___________do____30 years.
Sylvester___________do____26 years.
Emeline___________do____21 years.
Milly___________do____18 years. [End page 21]
Mary___________aged about____16 years.
Lucinda___________do____14 years.
Ferdinand Hill___________do____25 years.
Harriet___________do____21 years.
Biby Plowden___________do____54 years.
July Anne___________do____27 years.
and her two children_______________
Remusa___________do____22 years.
Joseph___________do____15 years.
Elizabeth___________do____12 years.
Bitter___________do____19 years.
Nelly Black, cook_____do____34 years.
Nelly___________do____21 years.
Lucretia Hill___________do____21 years.
Mary Jeanne, her daughter ________5 years.
and another child__________________________
Suzan Plowden___________do____22 years.
Pricilla___________do____12 years.
Kitty Hawkins___________do____32 years.
Elias___________do____6 years.
Austin, ___________do____11 years.
Isaac___________do____8 years.
John Brown___________do____39 years.
Trissy West___________do____11 years.
Harriet Anne___________do____9 years.
William___________do____22 years.
Thomas Riley___________do____22 years.
James Blair___________do____18 years.
Henry Johnson___________do____14 years.
Nancy HIll___________do____54 years.
Tom Dorsey___________do____54 years.
Nelly Harrison___________do____54 years.
John___________do____ 10 years. [End page 22]
George Henry___________aged about____6 years.
Mary Ann daughter of Caroline ____do____2 or 3 years.
& a child of Charlotte ________________2 years old.
The said Fifty nine slaves being surviving and the issue, out of the fifty six slaves sold to the said Henry Johnson, by the aforesaid act of the tenth day of November Eighteen hundred and thirty eight.
2d. A certain tract or parcel of land situate in the Parish of Iberville, on the west side of the Bayou Maringouin, containing twelve hundred and forty five superficial acres, more or less, bounded below by lands of Jesse Batey, and above by lands of Perry, or their assigns; Being the same tract of land acquired by the said Henry Johnson from H.M. Thibodeaux
3d. Nine Slaves, whose names and ages are as follows, to wit: ______
1. Henny___________aged about____32 years.
2. Her child________________________
3. Charles____________aged about________79 years.
4. Ginney, his wife___________do____74 years.
5. Henny, daughter of Charles___________do____34 years.
6. Ginny, his niece___________do____17 years.
7. Nelly___________do____42 years.
8. Jenny (Claim's wife) _do__26 years.
9. Henny daughter of Jenny______________
Said slaves being the only slaves transported into Louisiana, out of the Eighty four slaves sold [End page 23] by the aforesaid act of the twenty ninth November Eighteen hundred and thirty eight, the other slaves being dead or having been exchanged by the said Henry Johnson.
And the said Henry Johnson, having declared that of the Eighty four slaves described as having been imported into Louisiana, by the confirmatory act of the Eighteenth September Eighteen hundred and thirty nine, the aforedescribed only, were truly imported, the others having been disposed of by him the said Johnson in Maryland or by him left there, he affirming that it was verbally understood between himself and Mr. Mulledy, that the said Johnson should be permitted to exchange such of the slaves as were married among the said Eighty four slaves, and whose wives & husbands did not belong to said lot, or otherwise dispose of such so as not to separate man & wife.
And the said Edmund J. Forstall, declared that he has no knowledge whatsoever of the facts contained in the declaration of said Henry Johnson, that on the contrary all the acts placed in his hands, now mentioned in this act, tend to show that the Eighty four slaves had actually been transported to Louisiana, and that the mortgages therein were truly intended by the parties as a real guarantee for the purchase money of said slaves.
And now the said Henry Johnson being about leaving the State & it being considered expedient to bring this arrangement [End page 24] to a conclusion, it is agreed to close it and to carry it into effect as if completed, it being understood that forty days will be granted to Mr. Mulledy to ratify or to reject this act; the notes to remain in the hands of the notary until said ratification or rejection be recorded; and in case of rejection the whole of this present act shall be considered as null and void and as if it had never been passed, and all parties shall remain in full possession of all their rights, as if nothing had been done in the premises.
4th a certain tract of land situate in the Parish of Point Coupee, in this State, on each side of the Bayou Fondoche, containing nine hundred acres, more or less; bounded below by lands of Jesse Batey and above by lands of A. Hodge; Being the same tract of land purchased by said Johnson from H.M. Thibodeaux.
5th the following named slaves, being those which have been exchanged by the said Johnson, or purchased by him in the place of those which have been disposed of by him out of the purchase of the eighty four slaves, as aforesaid; said slaves named and aged as follows, to wit:
John Kelly, aged about twenty four years; Tom Nolland, aged about thirty years; Gustus, aged about Eighteen years; Henny [End page 25] aged about twenty two years, and her infant; Peter, husband of Nelly aged about thirty five years; Hilary Ford, the husband of Henny, aged about twenty five years; Claim, the husband of Jenny, aged about twenty six years; and Clair, aged about thirty years & her son, about eight years old.
And the said Henry Johnson does also specially mortgage and hypothecate, in favor of the said Thomas F. Mulledy, to secure the payment of the aforesaid notes and any eventual Interest as aforesaid:
6th a tract of land situate in the Parish of Ascension, on the right bank of the Mississippi River, about eleven miles above Donaldsonville, measuring six arpents more or less front on said river, by forty arpents in depth, the side lines closing considerably; bounded above by lands of Milien Babin & below by lands formerly of Antoine Hernandez, and now of the said Henry Johnson; Together with all the buildings and improvements thereon; being the same which the said Henry Johnson bought of Albert G. Gilbert by an act passed before Edward Duffel, Judge of the Parish of Ascension, on the twenty fifth day of July Eighteen hundred and thirty seven. [text in the left margin: “and of Wade G. Gilbert,, this reference approved ./.” with signatures]
7th Another tract of land situate in the same Parish measuring five arpents and half front on the River Mississippi by forty arpents in depth, between parallel lines; bounded above by lands of widow Sylvain Landry [End page 26] and below by the lands of Simonette Landry; Together with all the buildings and improvements thereon, This tract of land is separated from the other by the lands of Simonette Landry and Milien Babin, This tract of Land belongs to the said Johnson, as having acquired the same as follows viz: 1st two arpents front by forty deep from Valentin Babin, per act before the Judge of the said Parish of Ascension, dated twenty first September 1837; 2d. One arpent and quarter by forty deep from Jean Dominique and Baptiste Cravisto, as per act before the said Judge of the Parish of Ascension, dated August first 1837; and 3d.. Two and a quarter arpents front by forty deep from Eloy Joseph Landry, per act before the said Judge dated May twenty ninth 1837.____
8th.. A back tract or double concession situate in the said Parish of Ascension, having six arpents front by forty arpents in depth, beginning at the back line of the front or River lands of Paul Babin, widow Sylvain Landry and Simon Joseph Babin, (now said Johnson’s) at the distance of forty arpents more or less from the River, and bounded above by lands of Leger Landry and below by a tract of land formerly of Placide LeBlanc and now of said Johnson.___
Said back tract was acquired by the said H. Johnson as follows, to wit: Two arpents by forty from Valentin Babin by an act before the Judge of the Parish of Ascension, dated twenty [End page 27] first September 1837; Two arpents by forty from Onesime Landry, by an act before the said Judge, dated the first day of February 1839 and lastly two arpents by forty, from Albert G. Gilbert, per act before the same Judge dated twenty fifth day of July 1837.______
9th.. Another back tract or double concession situated in the same Parish, having five and a half arpents front by forty arpents in depth, the lines closing somewhat, beginning at the back line of the Seventhly described tract, formerly to Claude Raphael Babin and Olivier Landry (now Johnson’s) at the distance of forty arpents more or less from the River; bounded above by a parcel of land belonging to said Johnson and formerly to Placide LeBlanc, and below by the land of Simonette Landry.__
Which back tract belongs to the said Henry Johnson, as having acquired the same in manner following viz: Three arpents and a half front by forty deep, from Trasimon Vital Babin, as per act before the Judge of the Parish of Ascension, dated twenty seventh day of June 1837; and two arpents and a half front, by forty deep from Francois Dessale Gaudin, per act before the said Judge, dated the fifteenth day of January 1839.__
10th Another tract of land situate in the same Parish of Ascension, having six arpents in front of the Mississippi River, by forty arpents in depth; bounded above by land of Whaley and below by the tract of land [End page 28] hereafter described; Being the same which the said Henry Johnson purchased from A.G. & W.H. Gilbert.
11th.. Another tract of land adjoining below the foregoing measuring five arpents in front on the said River, by Eighty arpents in depth; Being the same tract which he bought of Dominique & Ferrety; which said two last tracts are separated from the above described tracts by the land of Whaley.____
The said Henry Johnson here observes that the said Dominique & Ferrety when by selling the said last tract, reserved themselves the front of the same, running back about twelve to fourteen arpents; and that he, the said Johnson, conveyed to the same in the same act of sale, four arpents in front, by the same depth of about twelve to fourteen arpents, out of the Tract acquired by him from A.G. & W.H. Gilbert; so as to give the said Dominique & Ferrety a tract of land having nine arpents front to the River by twelve or fourteen arpents; which to act is not included in this mortgage.___
12th Another back tract or double concession, measuring four arpents in front, by forty in depth; acquired by said Johnson to wit: two arpents by forty from the Succession Placide LeBlanc, by an act before the same Judge, dated 14th. August 1837; and two arpents from the succession of Simon Babin, on [End page 29] 2d.. October 1838, before the same Judge.
All which tracts of land, contain about fourteen hundred superficial arpents, and compose the plantation of said Henry Johnson of the Parish of Ascension where he now resides, and which is now cultivated in sugar canes.___
And the said Henry Johnson, together with the said tracts of land, specially mortgages all the buildings and improvements thereon.___
13th. Sixteen slaves attached to the said plantation and whose names and ages are as follows:___
Godfrey, twenty four years old; Charles, thirty five years old; Henry, twenty three years old; William, twenty years old; Ben, twenty one years old; Phenix, twenty seven years old; Washington, eighteen years old; Henry Jones, twenty Eight years old; John, twenty two years old; Peter, thirty two years old; Ambroise, forty one years old; Ben Thompson, aged twenty six years; Mary Livers, aged twenty five years; Maria, aged twenty five years; Liszy, aged twenty three years; and Ann, aged nineteen years.____
14th.. Eight other slaves attached to said plantation, named and aged, to wit:
William, aged twenty four years; Len, aged forty years; Bazile, aged thirty years; Henry Liny, aged twenty six years; Rachael, aged twenty years; Cloe, aged thirty seven years; Eliza, aged thirty five years; & Maria, age thirty years._____
15th Twenty six other slaves now attached [End page 30] to the same plantation, whose names and ages are as follows, viz:____
John, aged twenty five years; William aged twenty four years; Tom, aged thirty years; Augusty, aged twenty one years; Henry, aged twenty one years; Suzan, aged twenty years; Hilary aged twenty eight years; Claim, aged thirty one years; Ann, aged twenty six years and Child, four years old; Jane, aged twenty one years & child from three to four years old; George aged forty one years; Jenny, aged forty five years; Peter, aged thirty one years; Ann, aged twenty six years and her two children John, aged twenty years; Henry, aged twenty three years; Ann Eliza, aged fourteen years; Stephen aged thirteen years; Josephine aged eight years; Maclall, aged five years; Gabriel, aged five years, and Peter, aged four years.____
All which slaves are the lawfull property of the said Henry Johnson, as he avows._____
The said Henry Johnson binds himself by these presents, neither to alienate nor encumber the aforedesribed tracts of land and slaves, nor any part thereof, until all the above mentioned notes be finally paid in capital & Interests, and he agrees that the present act shall be tantamount to a confession of Judgement and shall convey ready execution in favor of the said Thomas F. Mulledy, or in favor of any future holder of the said notes.______
Personally came and Intervened [End page 31] in these presents, Elizabeth R. Key Johnson, of lawfull age, the wife of the said Henry Johnson and by him hereunto duly authorized:____
The said Mrs. Johnson after taking cognizance of this present act and before signing it, was informed by the undersigned notary, out of the presence of her said husband, and in presence of the subscribing witnesses, (agreeably to the Law approved twenty seventh day of March Eighteen hundred and thirty five) That by the Laws of this State, a wife has a tacit and general mortgage on the property of her husband and on that of the Community of acquests which exists between them; That the said mortgage is so granted her, in case she renounces said Community; and that she is entitled thereto, 1st.. For the restitution of her dower or dotal marriage portion; 2d. For the reinvestment of her dotal property brought by her in marriage, or acquired during marriage by gift or inheritance; and 3d. For the reimbursement of the price of her extradotal property alienated by her, when the price whereof has been received by her husband or otherwise disposed of by him for his private benefit.____
And the said Mrs. Johnson was further informed by the undersigned notary, that by renouncing her said legal mortgage on the tracts of land and slaves herein afore mortgaged by her husband she would debar herself of her recourse thereon, until final payment of the [End page 32] aforesaid notes amounting together to the sum of Ninety four thousand and forty four dollars and forty one cents (94044.41) be finally paid in capital and eventual interest._____
And after the undersigned notary had this detailed in this act and had verbally explained to the said Mrs. Johnson, the nature of her rights and the engagement which she contracts of never setting up any claim or lien on the property here above mortgaged by her said husband, the said Mrs. Johnson declared that being well aware of her rights and of the consequences of these presents, She gives her full consent to this act of mortgage, and with the consent of her said husband, now here present and authorizing her, she renounces and relinquishes any legal mortgage or other which she may have on the aforedescribed property, either for her dotal, paraphernal, extradotal or other matrimonial rights, or for any of the above explained reasons; ceding & transferring all her rights and privileges thereon, in favor of the said Thomas F. Mulledy, his heirs and assigns.
The said Henry Johnson declared that there exists against him, on the slaves firstly described, on the tract of land situated on Bayou Maringouin, on the slaves thirdly described and on the tract of land situate on Bayou Fordache, fourthly described, no other mortgage or inclumbrance, than the two mortgages which he granted in favor of the said Thomas F. Mulledy, to secure the purchase money of one [End page 33] hundred and forty slaves, as aforesaid.___
And he further declared that the only mortgages existing against him the said Johnson, on the said plantation of the Parish of Ascension, are the following mortgages to wit:_____
1st.. The one which he granted per act before Thre.. Leghers, notary public, on the twenty fourth day of May Eighteen hundred and thirty nine, in favor of the Citizens’ Bank of Louisiana, to secure Twenty four thousand and four hundred dollars, amount of Two hundred and forty four shares of the capital stock of said Bank, and also to secure the payment of any loan which had or may have been obtained by said Johnson, on said stock, and also any eventual Interest according to said act. Which mortgage was granted on the tracts of land sixthly, seventhly, Eighthly & ninthly above described, and on the following named slaves, to wit: Godfrey, Charles, Henry, William, Ben, Phenix, Washington, Henry Johnes, John, Peter, Ambroise, Ben Thompson, Mary Livers, Maria, Liszy, Ann and Claire; and on the slaves William, Len, Bazile, Henry Livers, Rachel, Cloe, Eliza and Maria._____
2d.. The mortgage which he granted per act passed before the Judge of the Parish of Ascension, on the twelfth day of March 1841, in favor of the President & Directors of the Bank of Louisiana to secure the payment of his obligation for the sum of Six thousand dollars; which mortgage was granted by the said Johnson, 1st.. on lands situate in [End page 34] the Parishes of Lafourche Interior & Assumption; and 2d. On the following named Slaves to wit: John, then of 22 years; William, 21; Tom, 27; Augusty 18, Henry 17, Suzan 17, Hilary 25, Clem 28, Ann 23, & her child one year, Jane 18 & her child six months old._____
3d.. The mortgage which he granted by an act executed before Adolphe Mazureau, notary public, on the eighth day of March 1843 in favor of the Union Bank of Louisiana, to secure the payment of a certain loan of money of the sum of five thousand two hundred and fifty two dollars; The said mortgage grated 1st.. Outer arpents of the front of said plantation of the Parish of Ascension, by forty in depth; 2d. on thirteen arpents of the double concession of the same plantation; and 3d. on the following slaves then aged as follows: Godfrey 23 years, Charles 34, Henry 22, William 27, Ben 20, Phenix 26, Washington 17, Henry Jones 27, Peter 31, Ambroise 40, Ben Thompson 25, Mary Liza 24, Maria 24, Lizzy 22, Anna 18, Claire 28, William 23, Len 39, Bazile 29, Henry Linny 26, Rachel 19, Cloe 36, Eliza 24, Maria 29, George 40, Jenny 44, Peter 30, Ann 26, John 20, Henry 22, Ann Eliza 13, Stephen 12, Josephine 7, Maclall 4, Gabriel 4, Peter 3, and two children.
4th.. the mortgage which he granted by an act passed before the Judge of the Parish of Ascension, on the fourteenth day of August 1837 in favor of the Succession of Placide LeBlanc, on a tract of land situate in the Parish of Ascension [End page 35] (making part of the aforesaid plantation) measuring two arpents more or less in front, beginning at the distance of forty arpents from the River, and running forty arpents back bounded above by lands of Johnson & below by lands of Francois Dessale Gaudin; said mortgage granted to secure the sum of Twelve hundred dollars, payable one third in March 1838, one third in March 1839 and one third in March 1840.____
And 5th.. The mortgage which the said Johnson granted by an act passed before the same Judge, on the second day of October 1838, in favor of the succession of Simon Babin, on a tract of land, (making part of the same plantation of the Parish of Ascension) measuring three arpents more or less front, by forty deep, the side lines running parallel, bounded above by lands of widow Silvain Landry & below by lands of said Johnson & in the rear by lands of said Johnson, to secure the sume of four thousand two hundred and five dollars, payable on third in March 1839, one third in March 1840 and one third in March 1841._______
As to the last mentioned mortgage, the said H. Johnson declared that the first instalment to wit: the third part payable in March 1839, was long paid and the mortgage raised and cancelled for so much; That the second instalment has been also paid by him, and that of the last one, there remains due from Eight hundred to one thousand dollars. [End page 36] And the said Johnson binds himself to pay said balance next March and to have the said mortgage cancelled and annulled immediately after if required by the vendor of the land.______
It is well understood and agreed that the new notes given by the said Henry Johnson as aforesaid, are not to be considered as a novation to the aforesaid mortgages of the tenth and twenty ninth days of November Eighteen hundred and thirty eight, nor as a new title for the purchase money of the said one hundred and forty slaves, the said new notes being given for the only purpose of determining the new terms of payment; and the mortgages which were granted by the said Henry Johnson to the said Thomas F. Mulledy, by the aforesaid acts of November tenth & twenty ninth Eighteen hundred and thirty eight, and September Eighteenth Eighteen hundred and thirty nine, shall also not be considered as novated, but shall remain in full force to serve as security for the payment of the notes identified with the present act.______
And in order still better to specify the manner and the delay in which the said Thomas F. Mulledy is to signify his refusal to approve the present act, it is further agreed that said delay shall be of forty days from the date of this act, and the refusal shall be notified to said Henry Johnson by a letter addressed to him stating that the said Thomas F. Mulledy refused his [End page 37] assent to the present act, which thereby shall be null and void and of not effect. And during said delay of forty days the private rights of the said Thomas F. Mulledy arising from the notes given in pursuance of the aforesaid acts of November tenth & twenty ninth Eighteen hundred & thirty eight and September Eighteenth Eighteen hundred and thirty nine, both against the said Henry Johnson and against his aforesaid endorsers or securities shall remain entire and unimpaired.
The said Edmund J. Forstall in his aforesaid capacity, dispenses with the production of certificates from the Judges ex officio Recorder of mortgages for the Parishes wherein the tracts of land aforemortgaged are situated, and from the Recorder of mortgages of the said Parish of Ascension, the place of the residence of the said Johnson, for a certificate on the aforedescribed slaves: and the said Edmund J. Forstall, in his said capacity, does hereby exonerate the undersigned notary from any liability arising therefrom._______
And the said Edmund J. Forstall in his aforesaid capacity binds himself to have the present act recorded in all the afore mentioned Parishes._____
It is well understood and agreed that in case, by any event the aforesaid Bank of Louisiana (where all the notes above described and made payable) should cease its operations previously to the fifth day of [End page 38] April Eighteen hundred and fifty four; notice will be given to said Henry Johnson of another Bank in New Orleans, where his notes will have to be paid.______
And it is moreover stipulated that all the aforementioned & mortgaged slaves and the issue of the female part of them are to be placed on said Plantation of the Parish of Ascension; and the said Johnson binds himself by these presents not to remove them from said plantation, until all aforedescribed notes be paid in full.____
The said Henry Johnson declared that the aforementioned mortgage in favor of the succession of Placide LeBlanc, to secure the sum of Twelve hundred dollars, payable as mentioned in his above declaration; the said Henry Johnson declared that the said mortgage is long paid, and he binds himself to have the same raised and cancelled immediately in the Books of the Judge ex officio Recorder of mortgages for the Parish of Ascension._____
Thus done and passed at New Orleans, on the Seventeenth day of February Eighteen hundred and forty four, in the Sixty eighth year of American Independence, and in presence of Mssrs. Joseph Lisboug & Lewis Quemper both of this city, witnesses, who have signed with the appearers and me the notary after due reading hereof ./.
Before signing these presents, it has been distinctly agreed and understood, [End page 39] that should the said Henry Johnson wish to sell, one or both of the foregoing tracts of land on the Bayous Fordoche & Maringouin, Parishes of Iberville & Point Coupee, he is authorized to do so, and the proceeds of said sale or sales which may be in cash will be applied to the payment of the nearest due of his aforesaid promissory notes, or to the payment of as much of the mortgages existing on his whole Estate, or any part of it, in the Parish of Ascension previously to the date of the new contract as above described. If the proceeds or part of the proceeds of said sale or sales be in promissory notes, payable at determinate times, said notes will be deposited in the hands of the said Thomas F. Mulledy, or of the holder of the aforedescribed notes of Governor Johnson, to be collected and the amount, when paid applied to the payment of the first due promissory note or notes of the said Johnson.___
And it is expressly agreed that in case of sale by the said Governor Johnson of the Maringouin or Fordoche tracts of land as before stated, the said Thomas F. Mulledy, by his said attorney hereby binds himself to release the present mortgage upon the said tracts of land in the conditions above stipulated, provided the tracts of land on Bayou Maringouin is not sold for less than Eighteen thousand dollars, and the Bayou Fordoche tract of land is not sold for less than ten thousand dollars, and that if sold on time, mortgages be specifically reserved upon said tracts of land until final payment._______
And it is finally agreed that upon the approval of this act by the said Thomas F. Mulledy, he will deliver at the same time the old notes to the said Henry Johnson.
(signed) H. Johnson=Edm. J. Forstall=
=Elizabeth R. Johnson=Jh. Lisboug=
=Louis Quemper=Foulon not. Pub.
A true copy from the original
New Orleans, the seventeenth day of
February Eighteen hundred and
Forty four./. Six lines and nineteen
words erased null ./. Six words corrected
And approved ./. Six words inserted approved
[Signed] Foulon
Not. Publ.