Milly, a black woman, for herself and her two infant children, Eliza and Bob v. Mathias Rose
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To the Honorable the Circuit court in for
the CountyCounty of St Louis of St LouisCounty of St Louis in the Territory of MissouriMissouri

The petition of MillyMilly a black woman who petitions
as well for herself as for her two infant children ElizaEliza aged, about 4 years and BobBob aged about 2 years -

That your petationer and her said children are
held in slavery by one MathiasRoseRose at StSt Ferdinand
FerdinandSt Ferdinand in the CountyCounty of St Louis of St LouisCounty of St Louis and within
the jurisdiction of this court that your petitioner was removed into this territory about
2 years ago by the said RoseRose from the new state then territory of IllinoisIllinois - and has been
held by him as a slave ever since - that your petitioner resided immediately preceeding her removal
into this Territory in the said Territory of
IllinoisIllinois and had continued to reside there for
about the space of sixteen years. that the said RoseRose was also an inhabitant of that
territory and held your petitioner as a supplied> slave during, all that time.

She therefore that under the laws of IllinoisIllinois & the ordinance of congress she is entitled to be free. Wherefore she prays
that she and her children above named may be entitled to sue for their freedom as poor per-
sons
in this honorable Court according to the
statute in such - and your petitioner -

MillyMilly her mark

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MillyMilly a Black Woman
vs
Mathias RoseRose

petition for freedom

filed a April 21st 1819

A GambleArchibald Gamble clk

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Territory of MissouriMissouri country of St.LouisSt Louis

The United StatesUnited States of AmericaAmerica to the Sheriff of Country greeting.

We Command you to Summon Mathias
RoseRose that he be and appear before the Judge of
our court at the next term thereof to be
held at the town of St. LouisSt Louiswithin and for the
County of S LouisCounty of S Louis on the first Monday of August
next then and there to answer unto MillyMilly a free woman held in slavery and who is permitted by the
court to sue as a poor person of a plea of
trespass to the damage of said MillyMilly of five
hundred Dollars. And have you then there this writ

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Witness ArchibaldArchibald Gamble GambleArchibald Gamble Clerk
of the said court at office in
St.LouisSt Louis this tenth of may eighteen hundred of nineteen and of our in dependence

Archibald GambleArchibald Gamble Clerk

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No 20

St. LouisSt LouisCicuit CourtCircut Court

MillyMilly a freewoman Mathias RoseRose

This is an action fortrespass & false imprisonment damage, $500 let summons issue

RR Pettibone . PettiboneR Pettibone atty

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Filed May 10th 1819

A GambleArchibald Gamble clk

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Executed by leaving a copy of the within
at the house of MrRoseRose , with his wife in Ferdinand on the 11th May 1819

JosephJoseph C BrownBrown
Shff

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Service .80
travel 1.50
$2.30

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August Term 1819.
Mathias RoseRose
vs
MillyMilly a black woman

claiming freedom

1. Plantiff is his slave

2. His indentured servant

filed Augt 3rd 1819

clerk

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In the Circuit CourtCircuit Court
August Term 1819

Mathias RoseRose
MillyMilly a black woman
claiming freedom

And the said Mathias RoseRose by BartonBarton his attorney comes and defends
the force and injury when and says the said
MillyMilly ought not to have or maintain her aforesaid
action thereof against him because he says
the said MillyMilly at the said time when was
and still is the slave of him the said Mathias
RoseRose . To wit at the County aforesaid without
this that the said MillyMilly is free in manner
and form as she above in her declaration sup-
poses
and this the said Mathias RoseRose is ready
to verify. Wherefore he prays judgment

J BartonJ Barton atty to deft

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And for a further plea in this behalf as to
the said assaulting imprisoning and detaining
in prison of the said MillyMilly the said Mathias
RoseRose saith the said MillyMilly ought not to have and maintain her aforesaid action thereof
against him because he saith that by a
law of the former Territory of IndianaIndiana in
force at the time of the removal of the

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said Mathias RoseRose with the said MillyMilly
as herein after mentioned it is enacted that
it shall and many be lawful for any person
being the owner or possessor of any negroes or
mulattos of and above the age of fifteen
years and owing service and labor as slaves in any of the united states or TerritoriesTerritories of
the United StatesUnited States or for any citizen of the
said states or TerritoriesTerritories purchasing the same
to bring the said negroes or mulattoes into that
territory and that the the owner or possessor
of any negroes or mulattoes as aforesaid and
bringing the same into that territory should
within thirty days after such removal go with
the same before the clerk of the Court of
Common pleas of the proper county and in
the presence of the said clerk the said
owner or possessor should determine and agree
to and with his or her negro or mulatto upon
the term of years which the said negro or
mulatto would and should serve his
or her said owner or possessor. and the said
clerk was thereby authorized and required
to make a record thereof in a book which
he should keep for that purpose, and the said
MathaisRoseRose further saith that before and

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at the time of hte removal of the said MillyMilly as
herein after mentioned he was the owner and possessor
of the said MillyMilly who was above the age of
fifteen years to wit of the age of sixteen years and
who owed service and labor to him as a slave in
the state of KentuckyKentucky to wit at the county of
St. LouisSt Louis aforesaid and being such owner and
possessor of the said MillyMilly as a slave he the
said Mathias RoseRose heretofore to wit on the
twenty eighth day of november in the year of our Lord one thousand eight hundred and five brought the said MillyMilly into the CountyCounty of Knox
ofCounty of Knox KnoxCounty of Knox in the said territory of IndianaIndiana
and that afterwords and within thirty days
after his removal with the said MillyMilly as
aforesaid he went with the said MillyMilly
before RobertRobert Buntin BuntinRobert Buntin Clerk of the Court of
Common pleas for the said CountyCounty of Knox ofCounty of Knox KnoxCounty of Knox
and in the presence of the said clerk determined and agreed to and with the said
MillyMilly that the said MillyMilly should and would serve him the said Mathias RoseRose
and his assigns for the term of seventy years
from that date and that he the said MathiasRoseRose and his assigns should pro-
vide the said MillyMilly with and

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sufficient provisions clothing washing and
lodging according to her degree and station
and that from and after the expiration of
the said term the said MillyMilly should be
free to all intents and purposes to wit at the
court, of St LouisSt Louisaforsaid. By virtue whereof the
said Mathias RoseRose afterwards to wit on the day
and year last aforesaid took the said MillyMilly
into his custody and service as his servant for the
the term aforesaid and hath ever since kept and detained and still doth keep and de-
tain the said MillyMilly in his custody and
service as such servant as it was lawful
for him to do for the cause aforesaid using
no more force and violence than was abso-
lutely necessary to ensure the obedience and
service of his said servant to wit at the coun-
ty of SLouis aforesaid. Which is the same ass-
aulting, imprisoning and detaining in person
of the said MillyMilly by her above complained
of and no other and this he the said Mathias RoseRose is ready to verify. Wherefore he
he prays judgment

J BartonJ Barton atty

for
deft
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Territory of MissouriMissouri
county of St LouisSt Louisss

United StatesUnited States of AmericaAmerica By review of the act of the legislature of 1807.

To Mathias RoseRose your are hereby
commanded that the body of MillyMilly a
in your custody detained (as it is said) you have under safe of together with the day of of her
detained by whatsoever name the said MillyMilly
may be called, before the circuit court
in for the country of st. Louis in
the town of st. Louis in said county, immediately after the receipt of this writ, then
& there to sumbit to do, and receive what-soever
the said court shall in that
Witness Nathanial B Tucker Judge of said court at St LouisSt Louis the fourteenth day of August on thousand eight hundred & nineteen.

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Mileage allowed
10 cents per mile

N. BN B Tucker . TuckerN B Tucker

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In obedience to the command of the within writ, and
on the return thereof the winthin named MathiasRoseRose
says that MillyMilly the within named black woman is not in his custody or possession and that on the
twentieth day of July last the said MillyMilly absconded from the house and possession of the said
MathiasRoseRose , without his consent and against
his will, since which, time he has neither seen nor heard of her August the Seventeenth 1819. St. LouisSt Louis


his

X

Mark RoseRose .
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Territory of MissouriMissouri, County of St. LouisCounty of St Louis, sct.

The United StatesUnited States of AmericaAmerica,

To the Sheriff of St LouisSt Louis county, Greeting.

You are hereby commanded to summonLewis Rose Else Rose James McClune Mrs Hickman
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on thetwenty eight day of August at the town of St. LouisSt Louis,
then there to testify and truth to say in a certain matter of controversy now pending in our said
court wherein the United StatesUnited States is plaintiff,
andMathias RoseRose is defendant on the
part of the plff and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at the
town of St. LouisSt Louis, this 26th day ofAug in the year of our lord, one thousand eight hundred and Nineteen
and of the Independence of the United StatesUnited States the forty fourth

Arch GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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7
US
vs
Mathias RoseRose

Sub for

Lewis Rose

Else Rose

James James McClunn

Mrs Hickman

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Not executed for want of time 30th August 1819

JohnJohn K Walker K WalkerJohn K Walker DShff

4 non ests 2.00
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MillyMilly vs Mathias RoseRose

And the Said MillyMilly by PettibonePettibone Attorney saith that the Said pleas of the
Said MathiasRoseRose by him above
and the matters & things therein contained in manner & form as the
same one above pleaded & set forth, are
not sufficient in law to bar or preclude her the said MillyMilly from having or main
taining aforesaid action thereof against
him and that she is not bound by the
law of the land to answer the same and
this she is ready to verify Wherefor
for want of a suficient plea in this behalf
she prays judgement

RR Pettibone . PettiboneR Pettibone atty

for plff
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joinder in .

J BartonJ Barton atty

for deft
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MillyMilly
vs
Mathias RoseRose

Dec 27

Filed

A GambleArchibald Gamble clk

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St Louis Circuit CourtCircuit Court

MillyMilly vs Mathias RoseRose

And the Said MillyMilly by her attorney aforesaid
saith that as to the first plea of the
said defendant by him above plead and by reason of any thing thereing alledged she ought not to be banned
from having and maintianing her afore
said action thereof against him the
said Mathias RoseRose because she saith
that she is free in manner & form
as in the Said declaration is above
and of this she herself upon the country

RR Pettibone . PettiboneR Pettibone atty


for plff
And the said defendant the like
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MillyMilly
vs
Mathias RoseRose

Replication

filed April 17th 1820

A GambleArchibald Gamble clk

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And the said MillyMilly by Rufus PettiboneRufus Pettibone her guardian according to the form
of the statute in such case made & provided
by way of any suggestion saith that the first part
of the return of the said Mathias RoseRose to
the shown writ of Habeus Corpus when he says the said MillyMilly is not in his custo
dy or possession is, evasive
and insufficient and as to the evidence of
the said return, she says that she did not
at the the when , or at any time since
abscond from the house or possession of the
said Mathias RoseRose in manner or form as he hath in his said return alledged
and this she prays may be

PettibonePettibone

for plff
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MillyMilly
vs
Mathias RoseRose

Habeas Corpus

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MissouriMissouri Territory St Louis County Court of the term of August in the year of ourLord one thousand eight hundred & ninteen

CountyCounty of St Louis of St LouisCounty of St Louis to wit, MillyMilly a free woman of color
held in slavery and who is permitted by the Court
to sue as a poor person by R PettiboneR Pettibone her
attorney assigned as counsel by the said Court
complains of MathiasRoseRose of a plea of trespass
for that the said Mathias heretofor
to wit, on the first day of January the year of ourLord one thousand eight hundred & nineteen at St FerdinandSt Ferdinand in the County of St LouisCounty of St Louis
within the jurisdiction of this Court with
force & arms unlawfully an assault did make in & upon her the said MillyMilly and then
& there imprisoned her the said Mily and
kept & detained her in prison without any
lawful cause whatsoever and hath ever since kept and detained and still doth keep and
detain her in prison against the will of the
said MillyMilly and contrary to the laws of
this territory and other wrongs to her then & there did against the peace of the UnitedUnited States StatesUnited States
of AmericaAmerica and to the damage of the said MillyMilly five hundred dollars and therefore she sues

R PettiboneR Pettibone