Vivia, a woman of color vs. Martin Mitchel, Henry G. Mitchel, Henry C. R. This electronic document is published as part of the St Louis Circuit Court historical records project.

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 December 10, 1831 March Term 1832

The original document is part of the Missouri State Archives St Louis Circuit Court collection.

 Vivia, a woman of color vs. Martin Mitchel, Henry G. Mitchel, Henry C. R. December 10, 1831 March Term 1832 Vivia, a woman of color Mitchel, Martin Mitchel, Henry G. R., Henry C. Trespass 19 St. Louis Circuit Court Gamble, Archibald Walker, John Ferguson, Peter Bird, G.A. Foreman, John unknown ED performed final review of legal encoding JO deciphered vendor's unclear tags through line 54, up to the word "following." JO proofread and corrected transcription errors through line 54, up to the word "following." JO deciphered vendor's unclear tags through entire document. JO proofread and corrected transcription errors through entire document. MB added legal information Petition

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.

 Petition Vivia, a woman of color Ferguson, Peter St. Louis Circuit Court To the Honorable William C. of the circuit court of the county of St. Louis

Your petitioner Vivia humbly that she is a woman of color that she was brought seven years since to the state of Missouri by a man named and afterward then to the state of Illinois where she obtained her freedom and that for several years she has said lived both in the state of Illinois and in the state of Missouri as a free person that since the year 1827 she has been a servant of the city of St. Louis where she now resides ; not a man who appears as the agent of our has had your petitioner committed to jail as a runaway slave your petitioner prays that she may be permitted to sue as a free person to establish her right to freedom and that your honor the proper order to protect her for removal for the date or of this court which the said shall be pending

Vivia State of Missouri County of Saint Louis

Be it Remembered that on this Tenth day of December in the Year Eighteen Hundred & thirty one before me P Ferguson a justice of the peace in and for the county aforesaid appeared Vivia the above named petitioner who being duly sworn on her oath saith that the statement by her made and set forth in the above petition is true

her Vivia mark Sworn to and signed before me the 10th day of December 1831. Peter Ferguson Justice of the peace county St. Louis Complaint

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.

 Complaint Gamble, Archibald Walker, John St. Louis Circuit Court In the St Louis Circuit Court to march term 1832

St Louis county to wit Vivia a woman of color who sues by permission of the court complains of Martin Mitchell of a plea of trespass . For that the same Martin that she on the 10th day of November in the year 1831 with force and arms made an assault upon the said Vivia to wit at the county of St Louis and then and there beat bruised and illtreated her the said Vivia and then and there imprisoned her the said Vivia and left and after and for the said Vivia in prison there without any reasonable or probable cause whatsover for a long time to wit for the space of four hours then next following to law and against the will of the said Vivia And the said Vivia avers that you and I the time

of writing the said grievances she was and still is a free person and the aforementioned but then held and still holds and detains her in slavery and other wrongs to the said Vivia then and there did to the great damage to the said Vivia and against the of the state wherefore she the said Vivia says she is injured and has sustained damage to the amount of $ 500 and therefore she brings suit a

Vivia a woman of color vs Martin Mitchell

This is an action of trespass for freedom

Filed 20th December 1831 Archibald Gamble Clerk </titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Summons" rend="horizontal"> <pb facs="6750_005.tif" n="005"/> <opener> <dateline> <placeName> <choice> <orig>County of Saint Louis</orig> </choice> </placeName> ss<lb/> The <placeName> <choice> <orig>State of Missouri</orig> </choice> </placeName> </dateline> </opener> <p>To the Sheriff of the <placeName> <choice> <orig>County of Saint Louis</orig> </choice> </placeName> Greeting<lb/> We command you to summon <persName> <choice> <orig>Martin Mitchell</orig> </choice> </persName>, that the<lb/> be and appear before the Judge of our <orgName> <choice> <orig>Circuit Court</orig> </choice> </orgName> at the<lb/> next March term thereof to be held at the city of <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> <lb/> within and for the <placeName> <choice> <orig>County of Saint Louis</orig> </choice> </placeName> on the fourth Monday<lb/> of March next then and there to answer unto <persName> <choice> <orig>Vivia</orig> </choice> </persName> a woman<lb/> of Color who <unclear rend="written" unit="chars"> <supplied>sues</supplied> </unclear> by the <unclear rend="written" unit="chars"> <supplied>permission</supplied> </unclear> of the Court of a <unclear rend="written" unit="chars"> <supplied>plea</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied>trespass</supplied> </unclear> <lb/> wherefore the said <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Vivia</orig> </choice> </persName> </supplied> </unclear> says she is injured and has <unclear rend="written" unit="chars"> <supplied>sustained</supplied> </unclear> <lb/> damage to the amount of five Hundred dollars and have you<lb/> then there this writ</p> <figure rend="seal"/> <closer> Witness <persName> <choice> <orig>Archibald Gamble</orig> </choice> </persName> Clerk of our<lb/> said Circuit Count at office this Twenty<lb/> <date when="1831-12-03">third day of December One thousand eight<lb/> Hundred and thirty one</date> <signed> <persName> <choice> <orig>Archibald Gamble</orig> </choice> </persName> Clerk</signed> <persName> <choice> <orig>Martin</orig> </choice> </persName> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Mitchell</orig> </choice> </persName> </supplied> </unclear> not found in my county<lb/> <unclear rend="written" unit="chars"/> 50cts John & Walker <unclear rend="written" unit="chars"> <supplied>Shff</supplied> </unclear> </closer> </div1> <div1 legalFunction="Caption" rend="horizontal"> <pb facs="6750_006.tif" n="006"/> <opener> <abbr>No</abbr> 19 <dateline> <orgName> <choice> <orig>Saint Louis Circuit Court</orig> </choice> </orgName> <lb/> <date when="1832-03">March Term 1832</date> </dateline> </opener> <p> <persName> <choice> <orig>Vivia</orig> </choice> </persName> <lb/> <unclear rend="written" unit="chars"> <supplied> <abbr>vs</abbr> </supplied> </unclear> <lb/> <persName> <choice> <orig>Martin Mitchel</orig> </choice> </persName> </p> <closer> <dateline> <unclear rend="written" unit="chars"> <supplied>Trespass</supplied> </unclear> Assault  <unclear rend="written" unit="chars"> <supplied>Battery</supplied> </unclear> and<lb/> <unclear rend="written" unit="chars"> <supplied>False</supplied> </unclear> <unclear rend="written" unit="chars"> <supplied>Imprisonment</supplied> </unclear> </dateline> </closer> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>Complaint

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.

 Complaint Bird, G.A. Gamble, Archibald Foreman, John St. Louis Circuit Court State of Missouri Circuit Court third Judical Circuit March Term 1833

Saint Louis County Ss Vivia a woman of colour by Bud her attorney complains of Henry C & Henry G Mitchel of a plea of trespass assault & Battery for this that heretofore to wit on the first day of July AD 1832 at St Louis aforesaid with force & arms the said defendants did make did make an assault upon the said Vivia & her the said Vivia did then & there beat & imprison without & reasonable & probable cause whatsoever & did keep & detain her in prison there for a long span of time to wit for the space of Twenty four hours there next ensuing & other then & there did against the peace & dignity of said state & to the plantiff Damage of five hundred dollars and said plantiff avers that at and before the time of the committing of said crimes she was & now is a free person & that said defendants held & detained & still hold & detain her in slavery therefore she sues

GA Bird attorney for Plff Henry C Henry G Mitchel Vivia a Woman of colour

And said defendants came & defend the wrong & injury when he and they are not guilty in manner & form as said plantiff has above in his declaration alleged & of this they put thousands upon the country.

and plantiff doth the like

J. W. Foreman atty

Declaration plea filed Book 6 pages 491

Sub & Judge 492

No 19 March Term 1832

Vivia a woman of color vs Henry C & Henry G Mitchel C

Declaration for Freedom assault & Battery Damage $ 500

appearance by Defto & plea of General issue

filed May 4th 1833

A Gamble Clk