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.
The Petition of John
Village of
now about thirty five years of age, and was born
of a black
mother who was claimed and hild as a slave
in said State; And your
petititioner further shows that
he was born since the passage of an
Ordinance of
of the
passed on the
of our Lord
Seventeen hundred and Eighty Seven,
which said Ordinance
it is declared and ordained, that
Slavery or involuntary servitude,
(Except for the pun
ishment of Crimes) shall not Exist or be
allowed,
which said State was then a part of said Territory,
subject to the operation of said Ordinance. And
your petitioner saith,
that he is advised, that under
the operation of said Ordinance he was
born free
and of right is free according to the laws of the land
And your petitioner further shows, that one
Pensins, of said state
claimed and held your peti
tioner in servitude, in the character of a
slave, from
his birth,
petitioner passed from the possession of said Pensins
into
the possession of Louis Pensins, the son of said
Pensins, by virtue of
a deed of gift or sale.
And your petitioner further showeth unto your
honor,
that same time after he came into the possession of
said
obtaining his natural
freedom, same time in the month
of
and twenty five,
tract with the said
liberty, whereby it was agreed, that the
said
Pensins should liberate & discharge your
petitioner from
servitude as a slave, for the consideration of the
sum
of four hundred and fifty Dollars, to be paid by your
date of making said contract, which said Term
of three years
has not yet expired. And your petitioner saith, that in
faith
of said agreement with said
short time after the making of said contract, & in person
of two hundred and
thirty dollars, as part and
of the said sum of four
hundred and fifty dol
lars, two hundred of which said sum of two
hundred
and thirty dollars was paid in money, and thirty dol
lars
in two horses, at the sum of fifteen Dollars each.
And your petitioner
further shows, that immediately
after said agreement was made between
said
your petitioner, and in pursuance of said
agree
ment, the said
charge your petitioner
your
petitioner that
he
pleased. And your petitioner further saith, that
after said Pensins had
liberated and discharged him
from slavery & from his service
in pursuance of
said agreement, that your petitioner did go at
Large
in the full & perfect enjoyment of his liberty,
&
Left
came to the Town of
ing money to pay the remainder of the said sum
of four hundred
and fifty dollars to said
sins, in pursuance of said
agreement.
And your petitioner further saith that he resided in
the
freedom for the space of several months, with the
Knowledge
& Consent of said
tinued in the
of said contract, & by virtue of being liberated
& discharged
from slavery as aforesaid, by said
said
rights of your petitioner
to his freedom, under & by
virtue of said contract, and
discharge, & under of by vir
tue of the said ordinance of
to cheat
and defraud your petitioner out of the said
sum of
said, and to reduce your petitioner to a
state of slavery
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.
where your petititioner was then lawfully residing, in
the full
& legal exercise of his liberty, and
petitioner by main force, and put
your petitioner into
the common jail, as his slave, and your
petitioner
further shows, that the said pensins, declaring that it
was
lawful to cheat defraud, oppress & reduce your
petitioner
to a state of slavery, did chain and manacle your
pe
titioner, and put him on board a certain steam boat
bound for
the City of Orleans, Consigning your petitioner
to one John G.
Stephenson, then a
chant in the City
of New
your petitioner as a slave an
account of him the
said Pensins, And your petitioner saith, that he
was
conveyed to the said City of N. Orleans, and was delivered to
and sold by said John G. Stephenson, as the slave of
him the said
about the
of New
unto your honor, that being of
indignant at the injustice
and oppressive fraud & injustice
thus inflicted upon him,
your petitioner absconded from the possession
of said
Shecksni, and after many hardships reached
in the
your petitioner
again was in the possession of his —
natural &
legal liberty. And your petitioner saith.
that soon after his last
arrival at
again forcibly seized by certain persons,
who pretended
that your petitioner was and allying slave, &
brought
your petitioner across the
your
petitioner in Jail, where he was unlawfully de
tained, untill he was
taken out of prison by a certain
Louis
habitants of the
and custody as a slave,
unlawfully, under the false
pretence that they are entitled and
authorised to hold
your petitioner in their possession and
custody.
And your petitioner therefore prays, that he may be
fourteen hundred and fifty dollars in Court, to
ment of the Court, in a suit which your petititioner prays
to
be permitted to institute as a poor person, in the said
circuit court,
against the said Louis
said
and freedom; and that your honor will
please to Assign
your petitioner counsel in said cause, and make all
such
orders in the
your petitioner will Ever pray, &c.
vs
L. Menard &
C.
Petition to be permi
tted to
poor person
Upon view of the within petition it is ordered that
the said petitioner
be permitted to institute a suit for
his freedom as a poor person and
Joseph Charles Jr.
is hereby assigned as his counsel to prosecute said
suit.
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 it is hereby further ordered that the petitioner in
the petition
hereto annexed, have reasonable liberty to
attend his counsel and the
Court where occasion
may require: and that the petitioner shall not
be
taken or removed out of the jurisdiction of the Court
nor be
subject to any severity because of his
application for freedom
vs
L. Menard and
C.
Petition to be permitted
to sue as a
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.
permitted by the Court to sue as a
poor person, by his
Attorney
complains, of
plea of
of our Lord one thousand eight hundred and twenty
six
an assault did make upon the body of said John and
then and there did
and then and
there imprisoned him said John and kept and
detained him in prison
without any reasonable or probable
cause whatsoever against the will of
said John and have
ever since kept and detained him said John in
prison
and
will without any reasonable or
probable
ever contrary to the
other wrongs then and
there did to him said John
against the
Wherefore the said John says he is injured, by said
defendants, and hath
sustained damages to the amount
of six hundred dollars and therefore he
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.
We command you to summon
and for the
then and
there to answer unto
is permitted by
the Court to sue as a poor person of a plea of trespass
to the damage
of said plaintiff of six hundred dollars and have
you then there this
writ.
Executed this
Fees $ 2
vs
Louis
Narr.
The Clerk will please
the within action
of as
sault battery and false
$600.—
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.
& defend the wrong
and injury and
that they are
them
No 18
ads
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.
You are hereby commanded to Summon
that
setting aside all manner of excuse and delay, he be and appear in proper
person before the Judge of our
to testify and the truth to say in a certain matter of
controversy, now pending in our said court, wherein
and
plaintiff and have you then there this writ.
Executed this writ on
1.604
vs
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.
You are hereby commanded to Summon
that setting aside all manner of
excuse and delay, they be and appear in proper person before the Judge of
our
to testify and the truth to say in a certain matter of
controversy, now pending in our said court, wherein
vs
Tiffin & Menard
Executed this writ on
Service $1.00
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.
August
on the part of the defendants
the knows
in the
above suit knows him from his birth
about 35 or 36 years ago he was
born at his
house in
got him by
and
another
father the said father and
John were
years old or there abouts
mother and 6
question by Plaintiff attorney
where did your father
did you know
there John a slave in
father and mother were slaves the father
was a slave 60 years ago and
the mother
40 or are one from his first knowledge he
knew
35 years
question by defendants
attorney
did your know the Mother of John to be
a slave 50 years
ago.
a
place above written
on the part of Plaintiff
says he
and thats all
Louis
return the money he had paid for
him
would give him his freedom does
not
know that the
any
Sworn and subscribed to
at the place first above
Says
are the part of the
Plaintiff.
says his
the negroe
his
him time
on the day and at the
I
within and for 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.
that they were
at the place in that
Deposition
in the
vs
in the
Taken by
5 Certificates $1.25
40
512
4
$4.00
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.
Depositions taken by
dants on
the part of the
a certain Louis
bought a horse cart, of his negro man
did say for how much - he further stated
to her that
his return
all his
were his property
and must go with him. That the said
left the house of his former Master the father of
the
Louis
that said
of the said Negro
was permitted to go at large
freedom and further
before me
J.
L. Grameri
vs
Julie Bourdeau
Clerk circuit court
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.
You are hereby commanded to Summon
that setting aside all manner of excuse and delay, he be and appear in proper
person before the Judge of our
to testify and the truth to say in a certain matter of
controversy, now pending in our said court, wherein
vs Tiffin & Menard
for
for
as
this case $1.00
Executed this writ on for V Garnier
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.
this case,
claims
miles travel, at
five cents per mile,
The above named
above case, on the part of the
term, 1827;
Sworn to and subscribed, before me,
day
of
Jno Merry
vs
Tiffin & Menard
Merry
vs
Tiffin & Menard
Baptiste Lebrun $7.
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.
this case,
claims
The above named
above case, on the part of
term, 1827;
ing Court;
Sworn to and subscribed, before me,
day of
vs
Merry
vs
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.
of St. Louis
County
1827.
that the application for
an appeal prayed by him in this cause from
the
to the
affiant
decision or
is prayed.
1827
John Merry
vs Tiffin & Menard
affidavit for
appeal
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.
Be it Remembered, that on the trial
of this cause, it was proved on the
part of the
plaintiff, that John the Plaintiff in now about
thirty
five or thirty six years of age; that he
was born in the family of
in the village of
claimed
as a slave in
John the Plaintiff was born & continued in a state
of
ago, when said plaintiff entered into a contract or
agreement
with Louis Perceneau who then held him as a
slave in
wife and two
to pay to said
himself, his wife and two children, the sum of
nine hundred dollars,
which said
nine hundred dollars was to
be paid
the term of three years.
said Contract was entered into between said
full
months, part of the time in
in
acknowledged to one of the
tiff had
paid to him, as a part of the money to
be paid by him for the freedom
of himself,
his wife & two children on said contract, the
of two hundred dollars in
of the value of fifteen
dollars each: that said
him on board of a boat &
to be sold as a slave: that said
further informed the
John the Plaintiff out of all he had paid on
said Contract, by sending
him to New
be sold as a slave. It
was further
a few days after said
intention of
the money paid him by the plaintiff a
said contract, that the
plaintiff was sure on
board of the steam boat general
Lying at
boat was bound for
and did in a ahort time -
sail from
same time with plaintiff for a
short time before
it sailed, that the plaintiff, after being put
on
board said boat, was absent for several years
and that, at the
time of the commencement of this
action up
plaintiff was
dy of
The defendant by his counsel then produced
and offered to read the
following deposition
of August
deposition). The following deposition of Louis -
Pinconeau, the father of Louis Pinconeau the
party to the contract with
John the plaintiff
was read on the part of the plaintiff, to
(here set out the deposition of Louis Pinconeau)
No other evidence
defendants by their attornies then prayed the
court to
instruct the
1st that
if the jury find that the plaintiff
was born a slave in
mother, held in slavery there
before the year
tiff has been emancipated by his
they ought to find for the defendants.
2 that
much between the plaintiff
Louis Pinconeau, relative to the
slavery of
the said John, as the same was
law to
entitle the said plaintiff to his freedom
3rd that even if Pinconeau made a
contract with said plaintiff to set
him free
on the payment of a sum of money such
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.
contract could not operate to effect his eman
cipation untill the
of any
act of any one of the
John:
To the giving of which said
jury, the
plaintiff by his counsel objected; but
the court overruled the
objection and gave
said
The plaintiff by his counsel there proved the
court to give to the jury
the following instruc
tions, to cuit:
1st that if the jury believe from the evi
dence, that John the plaintiff
was born in
the now state of
passage
of the ordinance passed by the
of the
1787,
the
that they ought to find for the plaintiff.
2nd If the jury believe from the evidence
that the plaintiff contracted
with Louis Pin
coneau in the state of
and was set at Liberty by said Pinconeau
in
ought to find for the plaintiff,
also find that said plaintiff was not to be
free till all the
given by
said contract for his
to be
paid.
3rd That
dence that John the plaintiff or some of his ma
ternal
now state of
the passage of
the ordinance passed by the -
1787
the
a French or Cannadian or
inhabitant or inhabitants
St
him, her or themselves a
the
of said ordinance,
that they ought to find for
the plaintiff. To the giving of the said
tions prayed prayed for by
said defendant and re
fusing to give to the jury the said
prayed for by the
plaintiff, and to all of said
his
of
Exceptions
for a
in the proceedings of this cause, which is
vs
Bill of exceptions
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.
Error from
The case is that an action of assault
of battery
was brought against the defendants in Error, by John for
his freedom, the
record
Congress of
the
ordinance the said mother was still holden in
while so holden and about 36 years past, in
the
and that he was holden there as a slave
until lately — The
John asked the
Court to
under these
the Court refused, many other points were made in
the Court below,
and assigned for Error, none of which, will we notice:
as we are
with the Plaintiff in Error on the point above stated. The
Ordinance
is found in the first
article says that there shall be neither slavery nor involuntary
of crimes, whereof the party shall have been
duly
this case is not within
the exception,
to give these
words a
is positive that
slavery cannot exist, and shall me, or any other
Court say
defendants. (Tiffin & Menard.) That although the words
are clear
of
room to doubt if these general
positive words ought not to be
so understood as to admit those who were
slaves in that Country,
at the adoption of the ordinance, and their
decendants, to continue
Inhabitants shall be
protected in the just preservation of their
rights and property, and by
the Act of Cessions of
stipulated, that the Inhabitants
shall be protected in the enjoyment
of their rights and liberties. 1st.
Vol. Laws U S 473. The whole of
these instruments taken together, are
unable to create any doubts
in our minds, as to the meaning of the 6th
Article of the Ordinance.
The express words in the Cession Act of
shall be protected in the enjoyment of
their rights and liberties.
are Completely satisfied by securing to
them the enjoyment of such
rights as they then had, and not that the
things or objects that
might then happen to be property, should be so
through all
future time, this man was not then born, and when he
was
born into existance the law forbid slavery to exist, and at
the
time of making the Cession Act, this man John was not property
and at the time of his birth, he could not be property. There
is
nothing in the Cession Act forbidding
out
those things which might afterwards be the subjects of property
According to this view of the subject. John is free. The Judgment is
reversed with casts and sent back to the circuit Court for a new
trial”
I
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 above
to be a true Copy of the opinion of said
case of
our
Lord one thousand eight hundred
and twenty seven,
of the
vs & opinion
Copy — $0.76
Certificate of seal —
0.50
Tax an seal — 1.00
$2.26
paid by
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.
You are hereby commanded to Summon
of our
in our said court, wherein
plaintiff, and
defendant, on the part
of the
Executed on Sulvn Blood
by reading to them the
same
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.
Suit for freedom
under the statute
cause the
plaintiff, in order to support the
on his part the following
depositions
The deposition of
at the
part of the defendants. He knows
a negro, the
plaintiff in the above
from his birth
about 35 or 36 years ago; he was born
at his house in
got him by inheritance
though his father & mother
father and mother of said John were negro
belonging to his said deponent's father. When said
John was three
years old or thereabouts, he sold
the father, mother and child, he
believes, to
Question by plaintiff's attorney.
When did your father bring them to
Ans. He does not known.
2. Did you know him, John,
state of
was a slave 60 years ago, and the mother 40, or
more. From his first knowledge he knew her as a
slave belonging to this
father. Deponent is 56
years old, and John is about 35 years old.
Question by defendants attorney. Did you know
the mother of John to be a
slave 50 years ago?
Ans: I did she was a negress."
Deposition of
"
to this side to
Louis
negro would the money he had paid for him, he
would
give him his freedom. Does not know that the negro
Deposition of Louis
"Louis
on the part of
the plaintiff,
cession
with
would not
would give him time, he would set the money
he,
gave him one month
and then continued the
time for two weeks more.
the money, that I
negro."
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 plaintiff also proved by
sometime
about two years ago,
(by the command of Louis
who said he was agent for same lesson in New
who claimed John as his
delivered to him in
in
he remained a
few days (day 3 or 4) and was then
taken out and sold by
other defendant. That
the
by either of the
defendants,
mentioned; It was however in proof that for a long
time past said John
has been going about as
a free man, and hired himself to one of the
who spoke to
for
with him; adding that
he, John had gained his
freedom. And no other material
was given in the cause
And therefore the defendants by
counsel, moved the court to instruct the Jury
"That if the plaintiff be a negro, born of a negro
mother, at or near
one of the ancient
French
before the
and held in
to hand as a
birth,
no law, which of itself and independently of
act of his
Which instruction the Court refused to give as
prayed, but on the
contrary, decided and instructed
the Jury that whatever might he the
opinion of this
Court, if felt bound by the decision of the
supreme
Court of the
did accordingly instruct them) that render the
circumstances
mentioned in the instruction above
prayed for, the ordinance of
the year
the
emancipation of the said John, the plaintiff.
To which opinion and decision of the Court the de
fendant by their
counsel except and tender this
their bill of exceptions, and pray that
the
may be
accordingly.
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.
John Merry
Tiffin
& Menard
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 defendants by
the court to
instruct the jury
That if the plaintiff be a negro born of a negro mother
at or
that the
an ancient French inhabitants of that country
before
the
and
repeatedly, from the time of
his birth till within
a few years past, there is no law, which of
and independently of some
act of his
operate his
emancipation.
refused
2
presume that he is a slave,
until the contrary
be
given
3 That if the jury find that the plaintiff
was born a slave in
mother, held in slavery there before the
year
plaintiff has been emancipated by his
owner they ought to find for the defend
ants
given
4 That there is no evidence before them
of any act of any
in law amount to an
of this said
plaintiff.
given
5 That the mere fact that the plaintiff is a
free man, gives him no
right to recover in
this case
dence that
of his
ers the
given