Matilda, a free girl of color vs. Marie Louisa Rocheblave and Philip Rocheblave
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To The Honorable WilliamWilliam C.CarrCarr , Judge of the
Third judicial District within and for the
State of MissouriMissouri

HumblyHumbly petitioners, MatildaMatilda , a free girl of colour
represents, to your honor, that She was born in the Village
of PrairieDuRocher in the State of IllinoisIllinois, in the family
of Mrs.Susan Lacount, alias Lacompt, in the year
of our Lord one thousand eight hundred and seven or Eight. That your petitioner was held in Slavery by said
Mrs. Susan Lacount, alias Lacompt,[ untill ] about ten years
since, when she was delivered over by said Mrs.Lacount
alias Lacompt, to Philip RocheblavePhilip Rocheblave of St. LouisSt Louis, as his
Slave, where she has generally resided ever since, in the
capacity of his slave: and that your petitioner is now
claimed and held as a slave in bondage, in St. LouisSt Louis,
by said Philip RocheblavePhilip Rocheblave and a certain MaryMary Lousia
Rocheblave in whose possession she is now detained-
Your petitioner is informed, and so believed the fact to
be, that being born in the Territory, (now
state) of IllinoisIllinois, she is now held and detained in
Slavery Contrary to the law of the land.

Your petitioner, therefore prays your honor,
she is confident she can establish the above facts, to
make an order that she be permitted to institute a suit
for her freedom, in the St. Louis Circuit CourtCircuit Court, and
that your petitioner be permitted to sue said PhilipPhilip & Mary LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave (as a poor person,)
for the establisment of her right to freedom as aforesaid:
and that your Honor make an order also, that your
petitioner have reasonable liberty of attending such counsel
as your honor may be pleased to appoint her, and to
attend the Court, when occasion may require: and that your
petitoner shall not be taken or removed out of the jurisdiction
of the said Court, nor be subject to any severe

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treatment on account of her application for freedom,
and as is duty bound your petitioner will ever pray

St. LouisSt Louis
3rd October 1828.

MatildaMatilda an
mark

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State of MissouriMissouri
County of St. LouisCounty of St Louis
ss.

Be it remembered that on this
fourth day of October, in the year of our Lord one thousand eight hundred and twenty eight, personally appeared MatildaMatilda ,
the within named petitioner, before me, PeterPeter FergusonFerguson , a
Justice of the pleace within and for the County aforesaid,
who being duly sworm, saith, that the facts contained
in the foregoing petition as far as stated on her own knowledge
are correct and true and that stated upon the information of
others, she belives to be so

MatildaMatilda her mark

Sworn to and subscribed before me
this 4th day of October 1828
PeterPeter FergusonFerguson Justice of the peace
County St LouisCounty St Louis

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No 38
Nov Term 1828

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St Louis County Towit

The prayer of the within petitioner is granted. It is
therefore ordered that the petitioner be permitted to sue as a poor
person that she have reasonable liberty of attending her
Counsel John FJohn F Darby .DarbyJohn F Darby Esq. and that she be not subjected to
any severity on account of this application, nor be removed
out of the jurisdiction of this Court- Given under any
hand this 6 day of Nov 1828.

WillWill . C.CarrCarr .

Judge 3d. CircuitCircuit Court
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StateCircuit Court of MissouriMissouri
County of St LouisCounty of St Louis

In the Circuit CourtCircuit Court
November Term 1828

MatildaMatilda a free girl of colour held in slavery, who
is permitted by the Judge to sue as a poor person, by JohnJohn F Darby
FJohn F Darby DarbyJohn F Darby her attorney as Counsel assigned her by the Judge
complains of PhilipPhilip Rocheblave RocheblavePhilip Rocheblave and MaryMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
of a plea of Trespass for that the said defendants hertofore
to wit, on the first day of October in the year of our Lord one thousand eight hundred and twenty eightwithforce
and arms at the County of St LouisCounty of St Louis, unlawfully an assault
did make in and upon the said MatildaMatilda and then and
there did beat, bruise and illtreat the said MatildaMatilda and
then and there imprisoned her and kept and detained her
in prison, without any reasonable or probable cause what soever,
and have ever since kept and detained her in prison against
her will contrary to the Laws of the land and other wrongs
then and there did to the said MatildaMatilda And the said
plaintiff owers, that before and at the time of the committing
the grievances aforesaid she was and stil is a free person
and that the defendants held and detained her, and still
hold and detain her in slavery, against the peace of the
state: wherefore the said MatildaMatilda says she is injured
and has sustained damage to the amount of five hundred
dollars and therefore she sues

DarbyDarby PQ
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The State of MissouriMissouri
County of St LouisCounty of St Louis

To the Sheriff of St Louis County greeting

We commanded you to summonPhilipPhilip Rocheblave RocheblavePhilip Rocheblave and MaryMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
that they be and appear before the Judge of our Circuit CourtCircuit Court at the next term
thereof to be held at the City of St LouisCity of St Louis within and for the County of St LouisCounty of St Louis
on the Fourth monday
of November and stand then and there to answer unto
MatildaMatilda a free girl of colour of a plea of Trespass Wherefore the said MatildaMatilda
says sheis injured and has sustained damage to the amount of Five
Hundred dollars and haveyouthen there this writ.

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Witness ArchibaldArchibald gamble Clerk of our said CircuitCircuit Court
CourtCircuit Court at office this 8th day of November one thousand eight Hundred and twenty eight

ArchibaldArchibald gamble Clerk

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St Louis County To wit:

The prayer of the petitioner is granted - It is therefore ordered
that the petitioner be permitted to sue as a poor person - that she have a reasonable
liberty of attending her counsel John F DarbyJohn F Darby Esq and that she be not - subjected
to any severity on account of this application nor be removed out of the
of this Court - given under my hand the 6 day of Nov.. 1828

WillWill . C. CarrCarr
Judge 3. Circuit

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The State of MissouriMissouri
County of St LouisCounty of St Louis

To the Sheriff of St Louis County greeting

We command you to summonPhilipPhilip Rocheblave RocheblavePhilip Rocheblave impleaded with Mrs.RocheblaveRocheblave
that he be and appear before the Judge of our Circuit CourtCircuit Court at the next
term thereof to be held at the City of St LouisCity of St Louis within and for the County ofCounty of St Louis
St LouisCounty of St Louis on the Fourth monday of July next then and there to answer unto
MatildaMatilda a free girl of colour of a plea of Trespass Wherefore the said MatildaMatilda
says she is injured and has sustained damage to the amount of Five
Hundred Dollars and have you their there this writ.

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Witness ArchibaldArchibald gamble Clerk of our said Court
at office this Twenty first day of May one Thousand eight Hundred and twenty nine

ArchibaldArchibald gamble Clerk

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No 38

In the St Louis CircuitCircuit Court
CourtCircuit Court Nov.. Term 1828.

MatildaMatilda a free girl of colour
vs
PhilipPhilip Rocheblave RocheblavePhilip Rocheblave and
MaryMary Louisa Rocheblave

This is an action of assault
& Battery and false imprisonment

Let a Summons issue

DarbyDarby PQ

Filed 8th November 1828

ArchibaldArchibald gamble Clerk

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Excuted this writ on maryLouiseLouise Rocheblave RocheblaveLouise Rocheblave Nov. 8. 1828
by reading to her the same & declaration PhilipPhilip Rocheblave RocheblavePhilip Rocheblave
not found.

R SimpsonR Simpson Shff

him $ 1.00
1 - 50
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Excuted this writ on PhilipPhilip Rocheblave RocheblavePhilip Rocheblave in city of St LouisSt LouisJune 2 1829 by reading
to him the declaration & summary.

Service $ 1.00

R SimpsonR Simpson Shff

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MatildaMatilda
vs
Marie LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
impleaded with
PhilipPhilip Rocheblave RocheblavePhilip Rocheblave

and the said MarieMarie
by GeyerGeyer his attorney comes & defends the
force & injury where fore and says that
she is not guilty of the previous in
manner and form as the plaintiff
hath above thereof alleged and
of this she puts herself upon the
country & C.

And the Plaintiff doth the like.
DarbyDarby for Pltff
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No 38

Nov Term 1828

MatildaMatilda
vs
RocheblaveRocheblave

Plea N G -

Filed 29th November 1828

Archibald GambleArchibald Gamble Clerk

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County Of St.LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of S LouisS Louis County..Greeting:

You are hereby commanded to summon MarieMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave &
JohnJohn Baptiste BaptisteJohn Baptiste Perran
that setting aside all manner of excuse and delay, They be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the Third day of April, at the city of StSt Louis.
LouisSt Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein MatildaMatilda is plantiff
and MarieMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave &P. Rocheblave defendant,
on the part of the plantiff; and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit court,
at the City of St. LouisCity of St Louis, this twenty fifth day ofmarch in the year of our Lord, one thousand eight hundred and twenty nine

A.gamble Clerk, C. C.

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Executed this writ on MariaMaria Louisa Rocheblave LouisaMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
& JohnJohn B Perran BJohn B Perran .PerranJohn B Perran march 27 1829 by leading
the sam to them

R SimpsonR Simpson Shff

Service $ 1.00
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March 1829

Matlda
vsMLRocheblave
& PP Rocheblave RocheblaveP Rocheblave
for
MariaMaria Louisa Rocheblave LouisaMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
JohnJohn B Perran
BJohn B Perran PerranJohn B Perran

26th march for
pleff

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County Of St.LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County..Greeting:

You are hereby commanded to summon John BaptisteJohn Baptiste Perran & Madam
John B PerranJohn B Perran
that setting aside all manner of excuse and delay, They be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the Seventh day of August, at the city of StSt Louis.
LouisSt Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in
our said Court, wherein MatildaMatilda is plantiff
and M.S.RocheblaveRocheblave impleaded with PP Rocheblave RocheblaveP Rocheblave is defendant,
on the part of the plaintiff; and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit court,
at the City of St. LouisCity of St Louis, this Sixth day ofJuly in the year of our Lord one thousand eight hundredtwenty Nine

ArchibaldArchibald gamble Clerk, C. C.

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July 1829

MatildaMatilda
vs
MariaMaria LRocheblave
Imp with PP Rocheblave RocheblaveP Rocheblave

for the plaintiff

JnBaptistePerran 4

MmeJnJohn B Perran BJohn B Perran PerranJohn B Perran 4

on 7th August

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Executed on JnJohn B Perran BJohn B Perran PerranJohn B Perran &Mme Perran
Augst 4. 1829. by reading to them the same

R SimpsonR Simpson Shff

Service $ 1.00
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MatildaMatilda vs Phil Rocheblave impleaded

The said PhilipPhilip moves
court to set aside the judgment by default
is the case enteredagainsther said
PhilipPhilip because
1 No process has been duly served on him
2 The said cause is not entered on
the docketnormay be returned or
on the trial docket of this territory
3 The alias summonswasnotissuedaccording
to law

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PhilipPhilip Rocheblave RocheblavePhilip Rocheblave impleaded
withMarieMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave
ad
MatildaMatilda

And the said PhilipPhilip Rocheblave
RocheblavePhilip Rocheblave , by
GeyerGeyer his attorney
causes and defends the wrong & injury,
&c. and says he is not guilty of the previous
in manner and form as the plaintiff hatg
about thereof complained against him, and
of this he put himself upon the County
&c.

GeyerGeyer for deft

And the Plaintiff doth the like
DarbyDarby for Plff.
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No 38

Novr. Term 1828

MatildaMatilda
vs
PP Rocheblave RocheblaveP Rocheblave
impleaded
to set and
Judge by default
GeyerGeyer -

filed Augst 12th 1829

A GambleArchibald Gamble Clk

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Judgement by default against PhilipPhilip Rocheblave RocheblavePhilip Rocheblave
Book 5 page 342 - Judgement set aside Book
5 pages 393
special verdict for pltffpage480

A. GambleArchibald Gamble Clerk

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County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County..Greeting.

You are hereby commanded to summon John BaptisteJohn Baptiste Perran and Madame
John B PerranJohn B Perran
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the Second day of December, at the City ofCity of St Louis
St. LouisCity of St Louis, then and there to testify and the truth to say in a certain matter of controversy now pending
in our said Court, wherein MatildaMatilda is plaintiff
and PhilipPhilip and Marie LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave are defendants
on the part of the plaintiff; and have you then there54 this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, 28th dayof October in the year of our Lord one thousand eight hundred and twenty nine

Archibald GambleArchibald Gamble Clerk C.C.

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November Term 1829

MatildaMatilda
vs
P & M.L Rocheblave

for plaintiff
John B PerranJohn B Perran
Madame Jn.B Perran

on 2nd December

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Executed the within writ on John B PerranJohn B Perran of Madame
Jn. B Perran 16th. November 1813 by this confusion of
service

R.Simpson Shff

fees $ 1.00,
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MatildaMatilda , (a free girl of color)
vs
Philip RocheblavePhilip Rocheblave and
MarieMarie Louisa Rocheblave

Is In the Circuit court
3rd judicial Circuit
November Term, 1829
The county siting as a jury deft find

Be it that an the trial of
the above cause at was formed an behalf of the
plaintiff. that MatildaMatilda the plaintiff is a mulatto
girl and was born in the village of PrairiePrairie Du
RocherRocher in the late northwestern Territory, now
state of IllinoisIllinois, in the family of Mrs. Susan La
Court, alias La campt, in the year eighteen hun
dred and seven or Eight; that the Plaintiff, mother
was a negro woman, held in slavery in said vil
lage of Praerie Du RocherRocher , before and after the
13th day of July in the year 1787. and at and af
ter the birth of said matilda; that said Susan
La count was a French Inhabitant of the the
village of PrariePrairie Du rocher, at the true of
the conquest of that county by virginia, and
continued to reside in and inhabit said village of
Prarie Durocher, until the Present times that said
MatildaMatilda was claimed and held as a slave by said
Susan La Count (the owner of Plaintiffs mother)
in said village, from the time of her birth, till
same in the year Eighteen hundred and nineteen
or twenty when said Susan La count transfered
and delivered the plaintiff to Philip Rochéblave,
one of the defendants, as his slave, by way of gift
said RocheblaveRocheblave being son in law of said Su
san La count; that said Philip RocheblavePhilip Rocheblave ,
same true in the year 1820, brought said plain
tiff with him from said village of prarie Durocher
in IllinoisIllinois to St LouisSt Louis in the state of MissouriMissouri, where
she has resided ever since, in the service, & posses
sion of the defendants, as the slave of said philip.
That on the day and before and after the commence
ment of this suit, as well as at the present time,
the said defendants did and still do hold the
said plaintiff, in the county of St LouisSt Louis, in slavery
& involuntary servitude, as a slave of him the
said PhilipPhilip : And no other Evidence was given in
the cause an Either side; and the case being tried
by the court, sitting as a jury, by Correct of Par
ties, the defendants thereupon moved the court
to decide.

that if the court ( jury in the )

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finds from the Evidence, that the mother of
MatildaMatilda , the Plaintiff was a negro or mulat
to woman and was legally held in slavery, be
fore and at and after the 13th day of July in the year 1787 at Prarie Durocher, in the
late north west Territory, now state of IllinoisIllinois, and that the plaintiff was born of such mother
their subsequent to the passage of an ordinance
passed by the Congress of the united states, on
the 13th July in the year 1787, entitled, âAn ordin
ance for the Government of the Territory of the
United StatesUnited States, writ of the river OhioOhio," She the plain
tiff is not [ intitled ] to recover her freedom in the
suit, which [ decission ] the court refused to make
or give to which refusal the defendants by
their counsel except.

The defendants, by their counsel, also moved
the court to decide.

2nd that that if the court (sitting as a jury in the
cause) finds from the Evidence, that the mother
of the plaintiff was a negro or mulatto wom
an, legally held in slavery before and at and
after the passage of the ordinance entitled, âan
ordinance for the Government of the Territory
of the united states, west of the river OhioOhio",
passed the 13th July 1787, by the congress of the
united states by a french inhabitant of the
village of Prarie Durocher in the late north
western Territory who was a citizen of the
same before and ofter the conquest of that
country by virginia, and that the plaintiff
was born at the village of Prarie Durocher
of such mother which so held in slavery by
such French inhabitant, though subsequent
to the passage of said ordinance, then the
plaintiff is not entitled to her freedom: which
decision the court refused to make or give, to
which refusal the Defendants by their coun
sel except, and pray the Judge to allow this
them bill of exceptions, and to sign & seal
the same for a Testimony.

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but whether upon the whole matter was
aforesaid found the said defendants are
guilty or not guilty of the previous in manner
and form as the plaintiff hath above there
of in her declaration alleged the court
aforesaid sitting as a jury is wherefore,
The facts aforesaid inform aforesaid found
an to the court have submitted, and if according
to the law of the land the said as
aforesaid joint rule be with the plaintiff
then the same shall be so found and
the damages of the plaintiff assigned
at if or the contrary
said of was shall be with the defendant
then the finding and judgement to be
accordingly-

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MatildaMatilda
vs
Rocheblave

Bill of Exceptions by defendent

Special Verdict.