There are no known copyright restrictions on this item. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. Washington University Libraries does not assert copyright in reproduction scans of public domain materials made openly available on its websites. For more information on policies and procedures governing the use of materials, contact digital@wumail.wustl.edu.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Viniennes in the Territory of
his attorney begs permission humbly to
represent to
His excellency
the Government of
Intendant of Indian affairs, in and over the said
Territory
Respectfully Sheweth,
That, in the month of
Hill (alias continue, came from their residence on the
River St Francis (in the
your petitioner, in the Brough aforesaid, with
purchase goods : That from a knowledge obtained, by your petitioner,
of those Indians, he
benign influence of the General Government, and were taught under
its auspicious, to prefer the pusuits of
pittance
of manners, they had become
their transactions, and worthy of credit and in consequence of that
information,
Goods than they could, at that time pay for: But before he would
case to him, your petitioner, requested to know, whether he would
"be justified in
"Pay from the proceeds of the goods when traded, by them to their
"own nation"? His answer was given, as stated in his
marked
That opinion
as
prayed to be taken as part of this petitioner and in further support
of the
the before mentioned Indians, to his clerk, for his benefit marked
C., as conclusive proof, and you will believe that the whole of
that transaction was conducted with as much
expected, between such a man as your petitioner, who is
and half civilized
From
petitioner had been constantly (as appears by the Invoice. B.) in the habit
of selling those Indians goods and
of their sales, and he felt
with those Indians, for he had never been taught to knows, 1th that
he had no right to credit Indians: and 2ly That he was limited in
the amount of the credits he had the right of giving. Your petitioner
therefore most humbly conceive, that if he had the right to credit
and was not limited in the amount, he certainly had not in any
one instance violated the Laws of the U.S. regulating the trade
and intercourse with the Indian tribes, in that tansaction But,
certain James McFarlain, who had been
agent, in the year
visit to the lower or southern parts of louisiana, and when on that
tour, he
indians were engaged in a trade, that was very profitable to themselves,
with their Brother Indians: It is
were either actual indian tradees, or such as
That Indians trades might
white or red, would be
with their own tribe! As to the Indian agent McFarlain your
petitioner states and it will not be denied) that he had been
before, and ever since an indian trader: That, his being thus informed
he did
enquiring "whether they had a license" threatening "that if they had
not they should suffer". Thus those semi-savage men were intimidated,
and induced to deny, that the goods were theirs, but stated, that they
were exclusively the
the said
Territory, authorizing him to seize the goods,
the store of the said Indians, and to place them in the hands of the
Sheriff of New Madrid District; as will be infered from an extract
of the Excutive Journal
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
made part of this petition: That in conformity to the said Warrant,
the said
thence a very large quanity of goods, as is proven, by a copy of an
invoice, taken from the original, in the hands of the said Sheriff
which is offerd as a further exhibit, and marked E.
Your petitioner, also states, that the first named Indian
Wibber did sometime in the early part of the year 1810: That the
other John Hill alias Boniture, is residing in a remote &
part of your territory: That, whether a white man can, by a cause
of Law, so recover, as to obtain the payment of a debt, from an
Indian, who is not, properly speaking, living amongst us, is a question,
as novel, as it is difficult: That by an
which
the decisions of Courts of Common Law, your petitioner would be
entitled to the before mentioned goods- because the said Indians
(or the representatives of them) are now actually
petitioner in a large sum, as must, appear from the foregoing
documents; and more especially, when your Excellence shall take
the following view of the subject to wit, 1th Whether a penal Law, is
not to be
by the Laws of the
with the Indian tribes- particularly, the part, which
trader to have a
and when, in conformely to such a construction, you should be of
opinion, that Indians are not within the pervious of that Law- your
petitioner would humbly ask, how it came to
goods, were liable to seizure? The before mentioned note of hand
C, together with the Invoice B. furnish proof, that the transction was
substancually, as your petitioner has stated it. And from the knowledge
your Excellence has of Indian character, you will at once
recognise the fact, that an Indian is
property is his, for which he has not made, full and entire payment!
therefore, it was natural for
that they were men of property, and had been so testified, by an
their property in danger, and that they must loose it, by falling under
they did;
they have given
the principal part of his pay- So do other merchants that give
to persons in trade.
It is reported to your petitioner, that the before mentioned goods
are yet in the hands of the Sheriff aforesaid, and
they have not been offered for sale
two years, that the
further to prosecute a measure, which in its commencement was
will order and
goods to your petitioners attorney, or to his Order, and that he may
thereby, in part, obtain payment for his before mentioned debt.
And all other and such other
neet your Excellencies
the policy of the
And as in duty bound he will even pray & C.
Executive of
No. I.
the
8
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
That your orator
the Borough of
territory who is now, and has been,
for a long time a merchant,
in the
in the year of
commence a correspondence with two
Indian men of the
by the names of
and John Hill/alias/
residents within your Territory and
your orator continued to sell to the
said Indians, and to credit then for
a part amount of the
ordinary way of trade, from year, to
year, untill the summer of
by the a proceedure as illegal as
the aforesaid Indians were by the machine
of many evil designed persons a
unable to pay your orator a large
sum of money which was then
due him for goods previous to that
time sold and
will fully appear by reference
to a petition marked
to documents therein referred to all
of which is
part of this his bill.
By the documents above mentioned,
your honors will discover, that
archives of no country, where
governs, nor the records of no court
on judicial
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
attention to principle proceedings
and just decisions, can there
be found its
where
or in attention, has ever before, so
much
assumed
courts of
Your orator begs permission of
your honors, more fully to
his case,
and to charge in
First that the aforementioned goods,
were both
equitably and legally
the property of the said Indians
at, and for
some time before
their
Indians had actually commenced
on
of sufficient information
&
records to furnish their own tribe
with all the
by their months, or made
said Indains, often expressed to your
orator, a hope that they
would
soon be in a
their
people, what was done by
the white traders, and expected,
much
benefit to
such a change; that, the said
stated, did by his
conduct cause the said Indians
to say "that the goods"
before
mentioned "were not theirs" but
your orators: That the said
Indians
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
did, before, and at the
your orator
for the purchase of
many large quantities of goods,
of which said
quantity of goods,
those noor in the hands of the
sheriff of New
part: That he charged
the said
sheriff, whom he prays may be
made defendant hereto, with
taken and received into
his
hands the goods mentioned in
the
upon him the said sheriff to
say, whether he has not the
said
goods in his
him, he came
By what kind of
where
returned? whether, if the said
is returned, he has since that
or
judiciary of
person or persons authorised by them
or either of them?
Finally, what
is the present
said goods?
And that he may
give, and
other information known to the
said defendant.
Your orator is confident, that
from an entire and impartial
of every fact and circumstance at
tending this
to the debt that is
the Indians or their representatives to
your orator to
the
your orator to the said Indians!
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And when, to that important
fact your honour will add, the
well known and ever acknowledged
principles of equity
will cause that to be done right,
which has been done" - that it
will give protection and support
to the
I will
of judicial
and governed by established principles,
is alone its
it will, always give, a right or extend
a
belong.
And for as much as your orator is
this this honorable court: Therefore
your orator prayed, that your honors,
will grant to him, the
joining and
or more and For be appointed to
enquire into and ascertain what
sum or sums is or
the said Indians or their representatives
to your orator, and how
much: That, you cause the said
sheriff to
the said
said: That the said
authorized, to transport at the court
possible
the city of
sell them for cash, or on such
credit as your honors may direct:
That, the auditors be directed, to
allow, the said sheriff dollars
and of the proceeds of the sale
of the said goods: That, the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
(g)
said
their trouble: That, the
be paid into the hands
of your orators attorney
And, That a
be granted to slay
or persons claiming under the
said Indians, or their representives
of all manner of claim
or claims to the aforesaid goods
or any part thereof and all
other, and such other relief
as in consistent
good
as in duty bound will ever
pray & C
above &
the facts stated in this Bill, as of his own knowledge
are true & those stated upon the information of other
persons by beliving to be true.
vs
The Sheriff of
Bill
No 2
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The separate answer of
of as he is advised in mentioned
for him to answer
That this respondent states that
he did take from the hands
of the
an the same mentioned in the
said
the said goods are now in his
Indian agent
at the same time that he gave
him the goods, a writ which
now signed by the then Governor
ordered him to take and to keep
the said goods a copy of said
writ with an inventory of the
said goods I have heretofore
to the said executive and
is I suppose now of
secretary of states office for this Territory.
He never has since the
return of the copy of said writ
received any orders or instructions of
any kind from any person and
in fact he is ready and
to surrender the said goods to any
person or to their order that may
be legally authorised to receive the
same - Your respondent is
relative to the matters and things
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
complained of in the complainent,
bill, and prays
dismissed with his costs. and
&. C &. C
8
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
A copy of an
of Indian Affairs, some time in the Year
28 small
12 large ditto
20 small
4
12 spars
6
9
1
1
6
for
9
1
1
16 lead
22
7
2) 9 Middle
1 Indole
6 wool hats
1
1
1
2 (the article
7
11
2
2
2) 16
5 small
6
26 small ditto
4 small plates
6 coffee pots
15 goods
1 paper
18 car
5 large
2 paper coated
1 paper
4 papers of small
2 papers of
6 papers of
35
1 paper
7
2
1 paper green
8 tea spoons
9 plain
4 spectacles
2 papers
2
10
1 paper of
94 small looking Glasses
14 small
17
2) 12
2
1
2
2) 21
25
continued
2) goods of
12
4 cloths
2 small
2 bed
19
5
2
9
8
9
9 do
4
2) 33
is not, but should have been a prefixed in those
2) is placed against
twice mentioned, in fact the whole
vs
8
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
[10-15-1813]
Know all men by there
of the Town of the
held and
the
District now County of New
an offical for the use of those
Sum of forty five
hundred dollars
office for the use as aforesaid, to which payment
will and
truly to be made we
Sealed with our Seals and dated this
in
the year of our lord one thousand eight hundred and thirteen
The condition of the above obligation is held that whereas
as a court of
certain
goods in the
Said Thomas
the said general court shall render
trading the said goods, then their
obligation to be void, otherwise to
be and
and
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
on Petition for an
Whereas
as a court of
file in the said court his petition against
of the District of New
in the year
Webber and John
trade and did from time to time afterwards supply the said Indians with
such other goods as the trade they were engaged in
that the said Indians had always been
the summer of
as they were until then,
thereby of the means of
of the said goods they by him
said
they now remain, for by the answer of said sheriff to this bill now on
file, appears - and praying
of
of certain what sum or
said
may be
there to be sold for cash and after deducting from the sale of the same
the
as aforesaid, did on the sixteenth day of
order that a notice of the demanded exhibited by the complainant should
be
and be
demand set up by the complainant and further that the said complainent
be
the
appraisement of said goods conditioned to abide by and
the final decree of the said court in said can to be rendered, the
of the security in said Bond to be determined by one of the judges of the general
court after said
by the court of
now thereofre notice is hereby given to the excutive aforesaid the Attorney
general and others concerned that
to the said Action, the said complainant having
of the
by the said court as to them of right and according to law and equity
shall deem
vs
360
14
360
5040
150
654
12
30
350
8
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
On an
of the Bill, answer and exhibits, it appears,
that this cause has grown out of an
constrution of the laws, governing the Indian
trade. It appearing
whereas The goods which form the subject of this
Injunction, and are now in the hands of
the sheriff of New
a warrant issued & signed by the late
governor of this Territory which instructs
hands or
"disposed of according to law." and that the
duty it is
advocate the rights & to protect the interest of
of the U.S. - has withdrawn from this cause,
& thereby
U.S. to those goods: And, as John H M bonne too
alias Couiture (from whom the goods were taken)
has transfered his right, in the said goods, to the
any reason why
if the
That the said sheriff of New
give up and surrender to the
his agent or attorney, the goods and
in his return on the aforesaid
copy of the
is fall
the said goods: The said goods shall be taken
by the said plaintiff his attorney, or by the
order of
sold, as they may
the proceeds of the sale of said goods, the
of this court shall be paid his fees, and the
plaintiffs attorney shall be allowed dollars
as his fee and a
hereby awarded against all person or persons
claimming the said goods or any part thereof
The
goods, and all the costs of fruits shall be paid on demand of
the several officers entitled to the same
goods as the
as a court of
town of