Arch v. Barnabas Harris
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This indenture made and concluded this eleventh day of October, one thousand eight hundred and eleven by and between
Eusebius HubbardEusebius Hubbard George HubbardGeorge Hubbard ThomasThomas Ballew and John
Procter of the one part and Elizabeth HubbardElizabeth Hubbard James WhitesideJames Whiteside
DavisDavis Whiteside ,WhitesideDavis Whiteside of the other part witnesseth, - whereas in and by
a certain marriage contract entered into by and between the sd,
Eusebius HubbardEusebius Hubbard and Elizabeth HubbardElizabeth Hubbard Bareing date june the 11-1805 certain negroes to me LucyLucy MillyMilly hannah Charlotte
Judy Barn are Arch Matt Tye,JackJack and their in crease and certain
other property therein specified was settled and Endowed upon
her the sd,ElizabethElizabeth and certain other property belonging to
sd,ElizabethElizabeth was brought into the sd, marriage contract to the
sd,EusebiusEusebius during his personal, life and with revertion to the
heirs of sd,ElizabethElizabeth as by sd, marriage contract will appear
and whereas the sd, Eusebus GeorgeGeorge and ThomasThomas and John
have set up pretentions and claims to sd, property so settled
upon the sd,ElizabethElizabeth and for the estableshment of her
claim she has petitioned the general Court of the territory
of Louisania Sitting, as a Court of chancery-and where as
an amicable adjustment hath, taken place between the
parties and the sd dispersd or likely to terminate in a peaceable
way to the satisfaction of all concernd
now therefore be it known that for the cansels and considera
tions aforesd and of one Dollar paid in hand by the party of
the second part to the party of the first that they the sd,
party of the first part that is to say the sd Eusebus GeorgeGeorge Thomas
ThomasGeorge Thomas and John for themselves their heirs Executors &
administrators do hereby Grant [ bargan ][ releace ], and give claim
to the sdDavis WhitesideDavis Whiteside and James WhitesideJames Whiteside in trust
for the sale and support use, and [ benifit ] and be hoof of the
the said Elizabeth HubbardElizabeth Hubbard all the Right title interest and
claim which they jointly and seperately have in on the
the plantation and stock thereon
or there abouts now

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by the sdElizabethElizabeth and EusebiusEusebius and also the five negroes
named hannah CharlotteCharlotte Tye and MalindaMalinda to have
and to hold the same property to them and their constitution
in trust as aforesd forever
and the sdElizabethElizabeth DavisDavis and JamesJames for the causes and
considerations aforesaid and also of the sum of one Dollar to
them in hand paid do hereby grant bargain [ Releace ] and give
claim to the sdGeorge ThomasGeorge Thomas and John and to their heirs and
assigns forever all the right title interest and property they
jointly and seperately have a claim in and to five negroes
named milly harvy JarkMmatt Barn and to EusebiusEusebius
so long, as he shall Reside in the District of Saint LouisDistrict of Saint Louis and
after his Death with Revertion to the sdGeorge ThomasGeorge Thomas
and John and their heirs and assigns two negroes named
Arch and JackJack the said Suit in the General court is to
be dismissed on the cost of Davis WhitesideDavis Whiteside and JamesJames Whiteside
WhitesideJames Whiteside , and the sdGeorge ThomasGeorge Thomas and John for them
selves their heirs Executors and assigns do hereby covenant
to and with the said DavisDavis and JamesJames sons of the sdElizabethElizabeth
acting on the behalf of the sdElizabethElizabeth that they sdGeorge ThomasGeorge Thomas
and John shall and will keep the sdElizabethElizabeth DavisDavis and
Jame harmless from all Debts of the sdEusebius HubbardEusebius Hubbard
contracting before the marriage contract was entered into
by and between EusebiusEusebius and ElizabethElizabeth and from all costs
and charges prior to the said marriage contract defending
the same so that the property of sdElizabethElizabeth DavisDavis and
JamesJames or either of them their heirs Executors or administra
tors shall not be after answerable for any of sd Debts nor
their bodies molested theirfor and the said George ThomasGeorge Thomas
and John not to be accountable for any of the said debts
contracted since the said marriage the business being fully
understood between parties

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For the true performance of all and singular the covenants
and agreements herein contained the parties aforesaid hereby
bind themselves Jointly and Severally, their heirs Executors
and administrators each to the other in the penal sum of
three thousand Dollars

In witness whereof the parties aforesaid have here into set
our hands and affixed our seals the day and year first
above writtin
signed sealed and delivered in presence of

R ChitwoodChitwood James ,


JamesChitwood James Chitwood,

Eusebius HubbardEusebius Hubbard

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GeorgeGeorge Hubbard HubbardGeorge Hubbard ,

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Thomas Ballew

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John Proctor

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ElizabethElizabeth Hubbard HubbardElizabeth Hubbard ,

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Davis WhitesideDavis Whiteside

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Jas, Whiteside

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District of St LouisSt Louis
township StSt Ferdinand FerdinandSt Ferdinand,

on the Day and years the Date
of the within person by come and appeared Before me
one of the justices of the peace in and for, the township
aforesaid the within named EusebiusEusebius Hubbard ,HubbardEusebius Hubbard GeorgeGeorge Hubbard
HubbardGeorge Hubbard ThomasThomas Ballew and John Proctor
- Elizabeth HubbardElizabeth Hubbard DavisDavis Whiteside , Whiteside James WhitesideDavis Whiteside and
acknowledged the within to be their free volin,
tary acts, and deed, hands and seals, the purpose there
in mentioned,

Witness my hand and sale the Day and
year aforesaid

R. Chitwood

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Eusebius HubbardEusebius Hubbard
with compromise,

Elizabeth HubbardElizabeth Hubbard

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To the Honorable the the judge, of the Northern
Circuit sitting in and for the county of St LouisSt Louis.

The petition of Arch a free blackman
humbly sheweth.

That your petitioner was heretofore the
slave of one Eusebius HubbardEusebius Hubbard of the county of
St LouisSt Louis, that as such he lived with and served
the said Eusebius HubbardEusebius Hubbard until about the month
of August Eighteen hundred and seventeen when
the said Eusebius HubbardEusebius Hubbard by an instrument in writing
under his hand and seal emancipated your
petitioner after the death of him the said EusebiusEusebius
that shortly afterward the said EusebiusEusebius died
whereby your petitioner believes he became free.

Your petitioner further states that Bar
nabas HarrisHarris of the County of St LouisCounty of St Louis now claims
your petitioner as a slave - therefore your
petition prays your honer to make such
order in his behalf to enable him to sue
for his freedom as this law requires,.


Arch his


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Arch a blackman
Barnabas HarrisBarnabas Harris


filed on June 9th 1818.

A GambleArchibald Gamble Clk,

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MissouriMissouri Territory
St. Louis County
By act of the legislature of 1807

The United StatesUnited States of AmericaAmerica to Barnabas HarrisBarnabas Harris , greeting.

We command you that the Body of Arch a black man by whatever name
he may be called, under your custory detained, and is said, together with the day
& Cause of the Caption & detention of the said Arch you have before NathanialNathanial ,
Beverley TuckerTucker our judge of the Courts of the Northern CircuitsCircuit Court of the Territory
aforesaid at his house in the County of St. LouisCounty of St Louis & Township of StSt Ferdinand. FerdinandSt Ferdinand,
forthwith to do and receive what a said, judge may consider of him
in this behalf, & have then there this writ. Witness NathanialNathanial Beverley TuckerTucker , Judge of the Courts of the Northern Circuit of the territory aforesaid
this sixth day of May one thousand eight hundred and eighteen

N. BN B Tucker . TuckerN B Tucker ,

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Before the honorable B. B. Tucker at his chambers,
may 11th 1817.

In obedience to the command of the above
precept, I have here before the honorable N. BN B Tucker .
TuckerN B Tucker , Judge of the Courts of the Northern Circuit
in the Territory of MissouriMissouri at his cause in the Town
ship of St. Ferdinand, & County of St. Louis the body
of Arch the above named BlackmanBlackman in, whom
I claim property as my slave as will appear
by a Bill of sale herewith shown dated the 2nd day.

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day of march 1818 - and at, the date of the foregoing
precept, the said black man Arch was & still, is
my property. This is the day because of the caption
& detention of the said Arch & no, other -

Barnabas HarrisBarnabas Harris

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Ex Parti
Writ of Habeas Corpus,
Return thereon & Judgment.

Ten Cents per mile is
allowed for the expense, of
bringing up the Body of the
within named Arch

N. B. TuckerN B Tucker

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Ex parte Arch
On an writ of Habias Corpus.

The Return in this Case presents a question which
I am incompetent to try. It ceases to be a question of personal
restraint alone. It becomes a controversy in which a right to
personal liberty is alleged on the one hand, and a claim of
property on the other,. This last is beyond my jurisdiction.
The Amendments, to the Constitution of the United StatesUnited States
Arch and, the organic, Law Sect, 14. require a Jury,, before
a question of property can be decided. If the Habeus Corpus
Law therefore expressly called upon me to apply this remedy
in this case I should refuse to do so, because in so doing
I must disobey the paramount authority of the Constitution
and the Organic Law. But in fact I do not understand
the Law as requiring any such thing. The legislation on
the same day passed a law providing the remedy of persons
claimed as slaves, & I therefore have no doubt they intended
this law for the relief, of persons not so claimed. Such is the
spirit of Magna Charta, which gives it's, protection only to free,
men - It's language is â nulles Lebu Homo,;â Excluding Excluding villians,
in EnglandEngland-as in like manner it would exclude slaves here.

The true, question which this case on the merits
would present would be "whether the Boy Arch on a day action,

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was the property of Eusebius HubbardEusebius Hubbard , or, of George HubbardGeorge Hubbard
& .â I am incompetent to try such a question under any
modification of circumstances.

I can do nothing therefore in the case, but leave the
applicant in the possession, of Barnabas HarrisBarnabas Harris , to pursue,
the Remedy which the Law has printed out

M. B. Tucker