Nathan Cole, a person of color v. Elijah Mitchel
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To the Honorable the Judge of the Circuit CourtCircuit Court within
and for the county of St LouisSt Louis

The Petition of NathanNathan a person
of Color represents

That his mother LydiaLydia was once
the slave of Elisha MitchelElisha Mitchel deceased that said ElishaElisha Mitchel
MitchelElisha Mitchel about the year 1809 brought your petitioners
mother into the territory now State of Illinios that about
the year 1805 said Elisha MitchelElisha Mitchel died, & his
widowMitchelMitchell in 1809 administered on the
Estate of said ElishaElisha in St Claire CountySt Claire Countynow state
of IllinoisIllinois that said pretending to said said LydiaLydia
as such administrating as a slave of said Estate in
the year 1809 said LydiaLydia brought a suit of trespass
assault & Battery & false imprisonment against said
as such administrating in the General Court of
the territory of IllinoisIllinois at StSt Clair County ClairSt Clair County CountySt Clair County before the
judgesthereof and such proceedings were had in said
so that said LydiaLydia was adjudged by saidcourt to be a free
person your petitioner further says that he was
born in the State ofIllinois IllinoisIllinoiswhere he has been raised
& was yesterday seized & brought to St LouisSt Louis from
whence he was taken in the night & carried as
your petitioner believes on the road to Herculaneum by
one AlexanderAlexander P Fields PAlexander P Fields FieldsAlexander P Fields & others in collusion with him
your petitioner was born since his mother was
adjudged free as aforesaid & has always been a
freeperson & so regards until seized as aforesaid
by said Fieldswho claims the right to hold your
petitioner in slavery your petitioner believes that
said Fields shall remove your Petitioner out of
the state of MissouriMissouri unless prevented by legal
means he therefore prays that he may be
permitted to sue as a poor person to Establish
his freedom that counsel may be assigned
him that a writ of HabeasCorpus may issue
& such orders made & such proceedings had as
will secure the personal safety of your petitioner
By LydiaLydia thenext
friend of said
NathanNathan
his mark

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State ofMissouri MissouriMissouri St Louis County Ss this day personally appear
NathanNathan Cole ColeNathan Cole marks oath that hebelieves that
the facts in the withinpetition stated are true and
further that said AlexanderAlexander P Fields PAlexander P Fields FieldsAlexander P Fields ElijahElijah Mitchel MitchelElijah Mitchel &
others arrested the within named NathanNathan yesterday
claiming him as a slave & that last night they took
said NathanNathan away from St LouisSt Louis & that they
willremove him out of the state of MissouriMissouri with the intention of enslaving him unlessprevented
prevented

Nathan ColeNathan Cole

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It is hereby ordered that the Petitioner NathanNathan be permittted
to sue as a poor person to Establish his right to freedom that
HenryHenry SS Geyer GeyerS Geyer be & is his assigned as his counsel to commence
& prosecute said suit and it is further ordered
& adjudged that said petitioner have reasonable
liberty of attending his counsel & the court when
occasion may require and that the Petitioner
shall not be taken or removed out of the
Jurisdiction of the Court nor be subjected to any
severity because of his application for freedom
Given under my hand at my
ChambersChambers this23. May 1832

WillWill C. CarrCarr

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In St. Louis Circuit CourtCircuit Court
July Term 1832

County ofCounty of St Louis St. LouisCounty of St LouisSsNathanNathan a person of colour
by of the court here permitted to sue
as a poor person by LydiaLydia his next friend
complains of Alexander P FieldsAlexander P Fields & ElijahElijah Mitchel MitchelElijah Mitchel of a plea
of trespass assault battery and false imprisonment
- For that the said defendants here
tofore to wit on the twenty second day of May in the year of our Lord eighteen hundred and thirty two, made an assault upon
the said plaintiff to wit at the county of
St. LouisSt Louis aforeaid and then and there beat bruised and illtreatedhimsaid
plaintiff and then & there imprisoned him
said plaintiff and left & detainedhim
in prison there, without any reasonable or
probable cause whatsoever for a long time
wit for the space of ten days then next following; contrary to the law of the land and
against the will of the plaintiff - and the
said plaintiff avers that before and at
the time of the committing the grievances
aforesaid he was and still is a free
person and the defendants then & there
held and detained and still do hold &
detain him in slavery contrary to the laws
of the land - and their wrongs to the said
plaintiff then & there did to the damage
of the plaintiff of five hundred dollars
& therefore hebrings suit &c

GeyerGeyer for plff

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The state of MissouriMissouri
County of Saint LouisCounty of Saint Louis ss

To the Sheriff of the County of Saint LouisCounty of Saint Louis Greeting

We command you to summon Alexander P FieldsAlexander P Fields and Elijah MitchellElijah Mitchell
that they be and appear before the Judge of our Circuit CourtCircuit Court at the next

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July term thereof to be held at the City of St. LouisCity of St Louis within and for the county
of Saint LouisSt Louis on the fourth Monday of July next then and there to answer
unto NathanNathan a person of Colour by leave of the Court here permitted to sue as
a poor person by LydiaLydia his next friend of a plea of trespass assault & battery and
false imprisonment to the damage of the plaintiff of Five Hundred dollars and
have you then thee this writ

Witness Archibald GambleArchibald Gamble Clerk of our said CircuitCircuit Court
CourtCircuit Court at office this Twenty third day of May one thousand Eight Hundred and thirty two

Archibald GambleArchibald Gamble Clerk

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copy of the order of the Judge permittingpetitionertoinstitutesuit

It is hereby ordered that the Petitioner NathanNathan be permitted to sue as a poor person to Establish
his right to freedom that HenryHenry S GeyerS Geyer be & is assigned as his counsel to commence & prosecute
said suit & it is further ordered & adjudged that said petitioner have reasonable liberty of
attending his counsel & the court when occasion may require and that the petitioner
shall not be taken or removed out of the Jurisdiction of the Court nor be subjected to any
severity because of his application for freedom - Given under my hand at my chambers

this 23. May 1832

WillWill C CarrCarr

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No 50

In St. LouisSt Louis Circuit Ct
July T 1832

NathanNathan a person
of colour
vs
Alexr P Fields
Elijah MitchellElijah Mitchell

Issue a summons
with copy of order
GeyerGeyer

Filed 23d May 1832

Archibald GambleArchibald Gamble Clerk

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Executed on ElijahElijah
alias H. G. Mitchell
on 26: May by reading
order & his resisting
tohear&

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"By the HabeasCorpusAct"
The state of MissouriMissouri

To GeorgeGeorge Hammond HammondGeorge Hammond Esquire Greeting

You are hereby commanded, that the body of
NathanNathan a person of color who has been permitted to
sue for his freedom in your custody (as is said)
detained, under safe and secure conduct
together with the day and cause of his captor and
detainer, by whatever name he may be called
you have before the Circuit CourtCircuit Court for the
county of St LouisSt Louis
on the 30th day of May 1832. at
the court house - in the county of St LouisSt Louis
then & there to do submit to and receive whatso
ever shall be considered in that behalf

Witness WilliamWilliam CCarrCarr Judge of
the third Judicial Circuit of the
state of MissouriMissouri this 26th day of May 1832

WillWill :C.CarrCarr

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In obedience to the within writ I have the Body
of the within named NathanNathan before the Court which
said NathanNathan was by me taken out of the possession
of MrH.G.Russell and G.Mitchell
said RussellRussell and MitchellMitchell was arrested in the county
of JeffersonJefferson on the 26th on a warrant for
kidnapping the said MitchellMitchell being arrested by the
name of MartinMartin Mitchell MitchellMartin Mitchell and the said NathanNathan
byme committed to gaol for safe keeping

May 30th 1832.

GG Hammond HammondG Hammond

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NathanNathan

By the HabeasCorpusact

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The Petitioner

State of MissouriMissouri
St Louis County

The petitioner NathanNathan having
been brought before Mr
WilliamWilliam CCarrCarr Judge of the St LouisSt Louis Circuit
County by writ of HabeasCorpus and the
persons in whose possession said Sam was
found having refused to enter into Recognizance
as the lawdirects I do therefore order & direct
the sheriff of St Louis County do take possession
of said NathanNathan & hire him out from time
to time during the continuance of his suit
for freedom & that the Sheriff take bond from
the person hiring him in the finalsum of
six hundred dollars, with such security as
said sheriff shall approve conditioned that
said NathanNathan shall at all times during
the pending of his said suit have reasonable
liberty of attending the Court & his counsel &
that he shall not be removed out of the jurisdiction
of the Circuit CourtCircuit Court of St Louis County -
or subjected to any severity because of his application
for freedom & that the person hiring him
shall pay the hire at the time stipulated
& return said NathanNathan to said sheriff
at the apperation of the time for which
he is hired & sooner if his suit shall
sooner be determined

Given under my hand this
30th day of May 1832

WillWill CCarrCarr

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No 50
St Louis Circuit CourtCircuit Court
July Term

NathanNathan a person of Colour suit for freedom
vs
AlexAlexander P Fields PAlexander P Fields FieldsAlexander P Fields
& ElijahElijah Mitchel MitchelElijah Mitchel
order for hiring out
plff

declaration
Petition & orders of judge

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I Served this writ on Alexender PFields
on the 24: day of May 1832 my offering
to read to him the writ and declaration
and the copy of the order of the Judge
all of which he refused to hear read and
on the 26: day of same month I served
it on ElijahElijah Mitchell MitchellElijah Mitchell aliasHenryHenry G Mitchell
GHenry G Mitchell MitchellHenry G Mitchell by offering to read to him
the writ declaration & order of the Judge
which he refused to hear read
of whichalsodone in the City ofCity of St Louis
St LouisCity of St Louis

John K WalkerJohn K Walker
shff

$ 2.00
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A P Fields & Elijah MitchelElijah Mitchel
ads
NathanNathan -

And the said defendants
by their attorney come and defend the force
and injury where &C and say they are not guilty
of the grievances above in said declarationlaid
to their charge in manner and form as the
said plaintiff hash above alleged and of this
they put themselves upon the country &c

GWForeman
atty
Filed 26th July 1832

Archibald GambleArchibald Gamble Clerk

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Suggestion of oath of Plff &writBook 6 page 491

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No 50
Saint Louis Circuit CourtCircuit Court
July Term 1832

NathanNathan
vs
AlexanderAlexander P Fields P FieldsAlexander P Fields
and Elijah MitchelElijah Mitchel

Plea not guilty
Foreman
atty

Filed 26h July 1832

Archibald GambleArchibald Gamble Clerk