By her tender years incapable.

by Lisa Y. Henderson

To the General Assembly of the State of North Carolina

The petition of John Monroe, Zebulon Hunt, Alexander B. Caldcleugh, and James Sawyer Executors of the last Will and Testament of Andrew Caldcleugh late of the County of Rowan dec: respectfully sheweth That their Testator on the 11th of february 1822 made and published his last Will and Testament in writing, in which among other things, he devised as follows — That his woman Slave Fanny Kelly should be emancipated for meritorious serviced, rendered to him and his wife, during their sickness, their Testator further devised that the daughter of the said woman Fanny Kelly, called and known by the name of Sally Zimmerman a child of tender Years, should be also emancipated. The said Testator in and by his last Will made ample provisions for the maintenance and support of the said Fanny and Sally as will be seen by reference to his Will.

For the purpose of carrying their Testators Will into effect, Your petitioners applied to the Superior Court of law held for Rowan County at October term 1822, and were permitted by the Judgment of the said Court to emancipate the said woman Fanny Kelly, which they have done in conformity with law. But the said Court having power only to allow emancipation of Slaves for meritorious services rendered to their Owners, and the said Sally from her tender Years, being incapable of rendering such services as are contemplated by the act of Assembly Your petitioners are unable to affect the emancipation of the said Child Sally by the Judgment of said Court.

Your petitioners further state, that no other person then Your petitioner Alexander R. Caldcleugh has any interest in retaining the said Girl Sally in a state of Slavery, he being the only child and heir at law, as well as resduary legatee of the said Andrew Caldcleugh.

Your petitioners being unable from the circumstances they have stated to give effect to the wishes of their Testators, without the Assistance of the General Assembly respectfully pray, that an act may be passed for the emancipaton of the said Sally Zimmerman.  /s/ Alex R. Caldcleugh, James Sawyer, Jno. Monroe, L. Hunt

General Assembly Session Records, Box 1 (November 1832-January 1924), Folder November 29, North Carolina State Archives.