Patrick Henry vs. Garland Rucker
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PatrickPatrick Henryâs
Petition for freedom
presented, not to the
house of Burgesses of
Va but to the CircuitCircuit Court
CourtCircuit Court of St.LouisSt Louis&

filed on August 19th 1829

A GambleArchibald Gamble Clerk

.
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To the Honorable the Judge of the St.Louis Circuit CourtCircuit Court

PatrickPatrick HenryHenry by Maria WhitenMaria Whiten his next friend
represents to your Honour that he is the infant son of the
said MariaMaria , that he was born a slave in the State ofState of Virginia
VirginiaState of Virginia and was the property of JesseJesse Whiten who resided
in Bedford county in that State, that about twelve
months since the said JesseJesse removed from that State
to KentuckyKentucky and took your petitioner and his mother
along with him, where they resided with the said JesseJesse
about two months, that the said JesseJesse then removed
to the state of IllinoisIllinois and took your petitioner and his mother
with him to reside in IllinoisIllinois, that on coming to said
state and commencing his residence there, he the said
JesseJesse hired the mother of your petitioner to one Abra
-ham Granger in the said state of IllinoisIllinois for three
dollars per month, that that the mother of your petitioner
hired with the said Granger about three months, and
your petitioner being but an infant remained with his
mother at said Granger, that the said JesseJesse established
himself with your petitioner and his mother in Decem -ber 1828 in the State of IllinoisIllinois and died in February 1829-that the said JesseJesse on his death bed called upon witnesses
and declared that it was his desire and his last will & testament
that your petitioner and his mother should be free,
that from the death of the said JesseJesse until within
a few days your petitioner has resided in the state of
IllinoisIllinois with his mother & considered to be and
an a free child, when one Garland Rudher combining
and acting in court with others took possession of
your petitioner and his mother and brought them to
the county of St LouisSt Louis and now holds them as slaves
slaves and is endeavoring to sell them as slaves.
Your petitioner [ beleiving ] and being advised that the

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above facts written him and his mother to their freedom
prays permission to institute suit by his next friend
in forma pauperis to establish his right to freedom
And your petitioner with our pray

Sworn to & subscribed this
19th day of August 1829

JJ V Garnier .VJ V Garnier .GarnierJ V Garnier JP

MariaMaria her

X

mark Whiten
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State of MissouriMissouri
County of St.LouisCounty of St LouisSct.

This day Maria WhitenMaria Whiten personally appeared before
me J.VJ V Garnier .GarnierJ V Garnier a Justic of the peace within and
for the County aforesaid and made oath that the said
MariaMaria who has been permitted to sue in in forma pau
-peris and has accordingly commenced said suit in the
St.LouisSt Louis circuit Court for his freedom that she the
said MariaMaria & her infant child PatrickPatrick HenryHenry in the
above petition mentained are about to be removed
out of the jurisdiction of the St LouisSt Louis circuit court
by Garland RuckerGarland Rucker . The said MariaMaria for herself & her
child PatrickPatrick HenryHenry prays a writ of Habeas corpus
to cause them to be brought before your Honour to
be dealt with according to law-

Sworn to 19th day of August 1829 before

J.V. Garnier JP

MariaMaria her

X

mark Whiten
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In the St.Louis Circuit CourtCircuit Court November Term 1829

County of St.LouisCounty of St Louis, Sct

PatrickPatrick HenryHenry a free boy of color under the
age of twenty one years who is permitted by the court to sue
by Maria WhitenMaria Whiten his next friend as a poor person, by his
attorney the other assigned as counsel by the court,
Complains of Garland RuckerGarland Rucker of a plea of Trespass.
For that the said GarlandGarland heretofore, to wit on the thirteenith day of August in the year Eighteen hundred and twenty nine, with force and arms at the county of St LouisSt Louis afore
said, an assault did make upon the Lady of the said
PatrickPatrick HenryHenry and then & there beat, bruised & ill treated
him the said PatrickPatrick HenryHenry and kept & detamed him
in prison there against his will & without any reason
able or probable cause whatever, and has ever
since kept and detained him in person against
his will without any reasonable or probable cause
contrary to the laws of this state. And the said PatrickPatrick
HenryHenry by his next found aforesaid, overs, that before
and at the time of the committing the greivances aforesaid
the said PatrickPatrick HenryHenry than was, and now sixstill is a free
person and that the said GarlandGarland held & detained him
and still holds and detains him in slavery_ And the said
GarlandGarland other to him the said PatrickPatrick HenryHenry
then & there did, to him the said PatrickPatrick HenryHenry aganist
the peace of the state. Wherefore the said PatrickPatrick HenryHenry
by his next friend aforesaid says he is greatly injuired
by him the said GarlandGarland and hath sustained
damage to the amounts of five hundred

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dollors and therefore he sues as aforesaid

Strothers & p.q.

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The State of MissouriMissouri
County of St.LouisCounty of St LouisSs.

To the Sheriff of the County of St.LouisCounty of St Louis
Greeting

We command you to summon Garland RuckerGarland Rucker that he
be and appear before tha Judge of our Circuit CourtCircuit Court at the
next term thereof to be held at the city of St.LouisSt Louis within
and for the County of St.LouisCounty of St Louis on the fourth Monday of
November next then and there to answer unto PatrickPatrick
HenryHenry a free boy of color under the age of twenty one years
who is permitted by the Court to sue by Maria WhitenMaria Whiten his
next friend as a poor person of a plea of trespass where-
-fore
the said PatrickPatrick HenryHenry by his next friend aforesaid
says he is greatly injuired by him the said GarlandGarland and
hath sustained Damage to the amount of Five Hundred
Dollars and have you then there this writ.

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Witness Archibald GambleArchibald Gamble Clerk of our
Circut CourtCircuit Court at office this 20th day of August 1829

Archibald GambleArchibald Gamble Clerk

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St Louis Circuit CourtCircuit Court July Term 1829
Wednesday 19th august 1829

George J Strother presents here to the court the petition of PatrickPatrick
HenryHenry by Maria WhitenMaria Whiten his next friend praying that he may be
permitted to institute suit against Garland RuckerGarland Rucker to establish his right
to freedom and that he may be permitted to sue as a poor person there-
-upon
the Court permits the said PatrickPatrick HenryHenry to sue as aforesaid
and directs that an action of assault and battery and false im-
-prisonment be commenced against the said Garland RuckerGarland Rucker in the
name of the said PatrickPatrick HenryHenry and assign George T Strother
Esquire as his counsel and it is ordered by the Court that the
said defendant permit the said PatrickPatrick HenryHenry to have a reason
-able
liberty of attending his counsel and the Court when occasion

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may require it and that the said PatrickPatrick HenryHenry shall not be
taken or removed out of the jurisdiction of their court and that
he shall not be subject to any severity of treatment on account
of his said application for freedom

A true copy of the order

Archibald GambleArchibald Gamble Clerk

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Executed this writ onGarlandGarland Rucker RuckerGarland Rucker in St. LouisSt Louis
August 21, 1829. by reading to him the Declaration
summons & order of court.

R SimpsonR Simpson Shf.


Serve $1.00
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No 16

St. Louis Circuit CourtCircuit Court
November Term 1829

PatrickPatrick HenryHenry
vs
GarlandGarland Rucker RuckerGarland Rucker

Declaration

This is an action of Trespass assualt
& Battery and false imprisonment
Dam. $500, issue a Summons

StrotherStrother &

Filed 20th august 1829

Archibald GambleArchibald Gamble Clerk

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Garland RuckerGarland Rucker
ads
PatrickPatrick HenryHenry

And the said Defendant GarlandGarland Rucker
RuckerGarland Rucker by GambleArchibald Gamble his Attorney complains comes and
defends the force and injury when & and
says he is not guilty of the said supposed trespass
in the declaration mentioned in manner
and form as the said plaintiff hath com
plained against him and of this he puts
himself upon the Country

And for further plea in this behalf
the said Defendant says the said plaintiff ought
not to have and maintain his aoresaid ac
tion against him because he says that
at the time of committing the said supposed tres-
-pass in the declaration mentioned he the said
plaintiff was and still is a slave without this that
he the said plaintiff was at the said time
free as in his pleading is above supposed
and this he is ready to verify whereupon he
prays judgment

HR GambleH R Gamble


Atto for Dfn
filed Nov 25th 1829

AG Clk

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No 16
Novr Term 1829
Garland RuckerGarland Rucker
ads

PatrickPatrick HenryHenry

Two pleas Not guilty
slavery of plaintiff

filedNov 25 1829

A GambleArchibald Gamble Clk

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In the St. Louis Circuit CourtCircuit Court
November Term 1829

PatrickPatrick HenryHenry
vs
GarlandGarland Rucker RuckerGarland Rucker

And the said PatrickPatrick HenryHenry
by Maria WhitenMaria Whiten his next friend, as to the plea
of the said GarlandGarland by him first above pleaded
and whereof he hath put himself upon the
Country cloth the like.

And the said PatrickPatrick HenryHenry by MariaMaria Whiten
WhitenMaria Whiten his friend, as to the said plea
of the said GarlandGarland by him secondly above
pleaded saith that he the said PatrickPatrick
HenryHenry by reason of any thing by the
said GarlandGarland in that plea alleged
ought not to be barred rom having
and maintaining his aforesaid action
thereof against him the said GarlandGarland
because he says that before & after
at the time of committing the grievance
and trespass in the said Plaintiff decla
-ration
mentioned he then was & now
is a free person-And this he the said
PatrickPatrick HenryHenry by his next friend aforesaid
prays many be enquired of by the coun
-try

StrotherStrother pq

Filed 19th December 1829

Archibald GambleArchibald Gamble Clerk

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5 374
399
380
482pleas
446Replications
41- 6

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No 16
November Term 1829
PatrickPatrick HenryHenry
vs Replications
GarlandGarland Rucker RuckerGarland Rucker

Replications to Defts.
first & second pleas

StrotherStrother pq

filed 19th December 1829

Archibold Gamble Clerk