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Lot 128
Sale 6425 - American Historical Ephemera and Early Photography, including The Larry Ness Collection of Native American Photography
Part I - Lots 1-222
Oct 23, 2025
10:00AM ET
Part II - Lots 223-376
Oct 24, 2025
10:00AM ET
Live / Cincinnati
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Estimate
$500 -
700
Price Realized
$540
Sold prices are inclusive of Buyer’s Premium
Lot Description
[AFRICAN AMERICANA]. Manuscript legal document related to the case of "Thomas King a Negro man" who was in debtor's prison. Norwich, [Connecticut]. 28 October 1797.
"Citation to Isaac Tracy & Ben Ames." 1p, 8 x 6 1/2 in. (creasing, toning, light dampstaining). A legal document related to the plight of impoverished African American debtor, Thomas King. Justice of the Peace Asa Spaulding summons King's creditors Isaac Tracy and Benjamin Ames to appear before him. Docketing on verso indicating that the citation was left at the abodes of the within named.
Sued by his creditors Isaac Tracy and Benjamin Ames, and unable to pay them, Thomas King was incarcerated in debtor's prison. Justice of the Peace Asa Spaulding summons Tracy and Ames to show cause why King did not deserve leniency from the court. The summons reads, in part: "Whereas Thomas King Negro man is now confined in the Common Gaol in Norwich...and it is said Thomas is poor and has not property or Estate where with to support himself in Gaol these are therefore to Notify each of oyu to appear at said Gaol in Norwich on Thursday next at 2 o'clock afternoon before some proper Authority to show reasons if any you have why the oath proceeded by Law for poor persons should not be administered to the said Thomas King & you stand charged with his support or said King released."
Verso indicates the outcome of the case: 2 November 1797, and reads in part: "I administered the poor prisoners oath to the within named Thomas King a Negro man." Signed by Justice of the Peace Benjamin Huntington, Jr.
The "poor prisoner's oath," also known as the oath of insolvency, is a historical concept where an imprisoned individual would swear an oath of poverty to avoid payment of debt or to gain release from confinement for debts. This oath was sometimes required to gain release from debtor's prison or to limit their period of incarceration. An interesting document which sheds light on the ways in which the legal system impacted the African American community.
This lot is located in Cincinnati.

