Record Book of Justice of the Peace Ebenezer Ferguson of Philadelphia, 1799-1800

Today’s post is by Claire Kluskens, Digital Projects Archivist at the National Archives in Washington, DC

The National Archives recently digitized the Record Book of Ebenezer Ferguson, Justice of the Peace, Philadelphia, Pennsylvania, December 1799-July 1800 (National Archives Identifier 155501037). Mr. Ferguson chronicled actions taken by him in his official capacity from December 1799 to July 1800. This volume may be his rough draft (often referred to as a “day book” or “waste book”) since the front cover is annotated with the letters “E + F” which suggest that the contents of this volume were subsequently recorded in permanent volumes E and F that would have been written in a neatly and “fair hand.” The handwriting in this volume is “sloppy” and he “crossed out” many entries that may either indicate they were either resolved or copied to the permanent record book.

Screen shot of the entry in the National Archives Catalog.
Click on the screenshot above to open the entry in the National Archives Catalog.

As justice of the peace, Mr. Ferguson was empowered to receive allegations of criminal activity that violated state law; charge suspects and require bail bond to ensure appearance at trial; require bond of prosecuting witnesses to ensure they appeared at trial to give evidence; and so forth. Most of the cases recorded in this volume are for assault and battery or for theft, but there are a few for runaway slaves or apprentices, or failure to support a wife. For example, on page 21, Benjamin Chase [Chane?], Jr., alleged that “George Harden was a Slave of his father Benjamin [illegible word] & that He has been Run away some [?] time.” George Harden was committed to jail in lieu of a bail bond. (See image and transcription below.)

Comenweth [sic] }
v
George Harden }

february th[e] 25 1800 Jr
Charged on the oath of Benjamin Chase ^
that said George Harden [illegible] a Slave
of his father Benjamin [illegible] & that
He has been Run away [some?] time.
George Harden } comited [sic, committed]

image of writing taken from page 21.
Detail from page 21.

Also on page 21, Geraldus Stockdale charged Demsy [?] Bauns [?] “with Leaving his wife a Charge on the Publick” funds.

Each entry is headed “CommonWelth [sic] vs. [name of defendant], and includes the date, name of person making the complaint, nature of the alleged criminal act, name of defendant(s), name of witness(es), and amount charged each defendant or witness as bond. Page numbers are written in the lower right corner of odd numbered pages.

This record book is in the custody of National Archives and Records Administration (NARA) as part of the Post Revolutionary War Papers, 1784-1815 (NAID 654838), in Record Group 94, Records of the Adjutant General’s Office (NAID 423). 

Why can this local record book be found in the U.S. National Archives? That’s a good question for which there is no definitive answer at this time. NARA is the repository of the permanently valuable records of the U.S. Government (records created or received by it). Philadelphia was the national capital from 1790 until about May 1800. Colonel Ebenezer Ferguson commanded an artillery regiment in the Pennsylvania militia during the War of 1812. (See J. Thomas Scharf and Thompson Westcott, History of Philadelphia, 1609-1884, p. 554 (Philadelphia: L. H. Everts and Co., 1884). It was probably submitted to the War Department for a specific reason that is not currently known. In either case, it’s an interesting window into the problems and activities of ordinary Philadelphians at the turn of the 19th century.