Ann v. Henry Hight

Territory of Missouri
County of Saint Louis

The Petition of Anne a free black woman

To the honorable the Circuit Court for the County of Saint Charles The petition of your petitioner above named humbly sheweth That sometime in the month of July in the year 1809 your petitioner was brot by James Rayen from the State of Maryland as a Slave to the then Territory of Indiana Now Illinois Territory to St Clair County and according to a statute of that Territory was taken before Mr Hay clerk of the County Court for said County and in his presence was indented to serve the said James Rayen for fifteen years from that date to wit the 28th day of July 1809 a copy of which entry and indenture is now here shewn to the Court And Whereas your petitioner is informed there is a provision in the law of the Indiana Now Illinois Territory authorizing persons to indent negroes that if the master or owner of such indentured servant shall before the expiration of the time of service agreed on in pursuance of said law shall remove such indentured person from said Territory without the consent of such indentured person which consent shall be obtained before one or more of the Judges of the County Court of that Territory a Certification writing shall be given by said Judge or Judges then such master or owner shall forfeit for such removal of such person the sum of One thousand dollars two thirds thereof shall go to the person injured or removed and the other third to the County to be recorded by action of Debt or action on the case by the person injured. Now your petitioner shews That in the year one thousand eight hundred and eleven your petitioner thinks in the month of May of that year the said James Rayen did remove your petitioner from the then Territory of Illinois before that a part of the Indiana to the then Territory of Louisiana now Missouri to a place called Salt River in the present County of Saint Charles without having obtained her consent before a Judge or Judges of the County Court or in any manner whatever obtaining her consent by which removal of your petitioner she is advised and believes that she has a right to demand of the said Rayen the two thirds of the aforesaid forfeiture of one thousand dollars. But as the said James is now dead your petitioner is advised that if she has any right to demand the aforesaid two thirds of the said forfeiture she must pursue her remedy against the administrator of the said Rayen there being no executor and your petitioner is informed that Henry Hight of Saint Charles County is that administrator and your petitioner prays that if the Court shall be of Opinion that your petitioner has any claim to an action because of the premises that she may be permitted according to the laws of the Territory to sue and prosecute her action against the said Henry Hight as a poor person your petitioner being very poor and unable to pay costs or give security for costs and that she may have counsel learned in the law appointed to aid her in prosecuting said action.

Your petitioner as in duty bound will ever pray 
 
Signed Anne 
her x mark

Test
Andrew S McGish[?]

Territory of Missouri
County of Saint Louis 

This day Anne the above petitioner swore to the above as containing the truth to the best of her knowledge and belief 

March 7th 1816 
Joseph Charles a 
Justice of the Peace

An action of assault & battery and false
imprisonment against Henry Hight administrator of James Rayen leasee a [unclear] 
from the time of assault & battery and let
the imprisonment be to the present time

In the Petition state all the facts of residence
contained in the old petition, state her removal 
and Hight's Administration and Rayen's death
and her claim to freedom by virtue of said 
Residence and the Ordinance of Congress for
the government of the Northwestern Territory
of which the Indiana & Illinois were a part,
state the fact of Hight's claiming her as the property
of Rayen's estate and exercising dominion over her
&[?] lay[?] damages in declaration[?] of $500

Anne a free black woman
vs
Mr[?] Hight administration 
de bonis non &c of the
Estate of James Rayen
Deceased

Petition to have leave to sue as a poor person to Circuit Court St Charles

We the Jurors find for the plaintiff freedom and five dollars damages

Illinois Territory
St Clair County
June 10th 1816

Bolin Whiteside being duly sworn says that in the year one thousand eight hundred and nine or thereabout he the deponent became acquainted with one James Rayen who then lived in the then County of St Claire Indiana Territory now Madison County and that he Rayen left said Territory of Illinois in the year 1811. that when he came to the aforesaid County of St Clair and then Indiana Territory now Illinois Territory he had in his possession and kept in his possession all the time he lived in said Territory a yellow woman or Mulatto woman named Anne and that he exercised authority over said Anne as a slave or indented servant which is not distinctly known to the deponent. that when Rayen left said Territory he moved to Salt River in the then Louisiana Territory District of St Charles. that this deponent has been informed that said Rayen has since died and that Henry Hight has administered on his estate. that said Anne when known to this deponent was about the age of twenty years 

William B. Whiteside

Sworn to & subscribed in open Court
Belleville 10 June 1816

John Hay Clerk

W. Bolin Whiteside's affidavit of Anne's Residence in Illinois

Territory of Missouri
Saint Charles County
 
In the Circuit Court for the Northern Circuit October term in the year Eighteen hundred and sixteen

Ann a free black woman who is permitted to sue as a poor person by Matthias McGirk and George Tompkins her attornies specially appointed for this purpose by the said Court complains of Henry Hight of a plea of trespass with fore and arms, for that the said Henry Hight on the final day of March in the year eighteen hundred and fourteen at the county of Saint Charles aforesaid and within the jurisdiction of this court with force and arms did make an assault upon her the said Ann and her the said Ann did then and there beat, wound, imprison, and ill treat, and her the said Ann there imprison without any reasonable cause for a long time, to wit, from the time aforesaid till the present time did keep and detain, and her does shall keep and detain and other outrages to her the said Ann then and there did to the great damage of her the said Ann and against the peace and dignity of the United States of America, to the damage of the said Ann of five hundred dollars and therefore she sues &c

McGirk & Tompkins atts 
for Plaintiff

Henry Hight 
ads
Ann, a black woman

In the Circuit Court of the County of Saint Charles. October Term 1816, action for freedom:

And the said defendant by Edward Hempstead, his attorney, comes and defends the force & injury when where &c. and saith he is not guilty in manner and form as the said Ann, in her complaint and declaration hath alledged and of this he puts himself on the Country for trial 

E Hempstead for Deft 

And the Plaintiff also 
McGirk & Tompkins attes for Plaintiff 

And the said defendant for further plea in this behalf, the said defendant further defends the force & injury when where &c. and saith that the plaintiff of having and maintaining her said action thereof against him ought to be bound and precluded: because he says that heretofore to wit at the County of Saint Charles aforesaid on the first day of January, one thousand, eight hundred, and Twelve. The said Ann was then & there in the possession of and lawfully owned as a slave for life by one James Rein; and being so thus owned and possessed the said James Rein afterwards To wit then & here died, and after his death To wit then & there letters of administration on his estate now in the form of Law granted to the said Henry Hight, under the hand and seal of the Clerk of the Court of Common Pleas for the said County of Saint Charles (which said letters of administration are herewith thus[?]). and which said letters of administration are still in full force and acted, and unrepealed; and by virtue of said letters of administration, and the laws of this Territory in such cases made and provided, the said Henry Hight as administrator as aforesaid did, then and there take the said Ann into his possession as the slave of the said James Rein deceased, and her the said Ann,  did detain as such as by law he had a right to do at the time & place of the Trespass assault and battery and false imprisonment complained of and which is the same trespass assault & Battery and false imprisonment complained of and no other, without that the said Henry did then with force and arms and against the peace assault, beat, wound and illy treat and imprison and detain the said Ann as the said declaration supposes without any just cause or lawful authority all which he is ready to verify & prove. Wherefore he prays Judgment [unclear] the said Anne may be barred and precluded of having and maintaining her said action against him, and he allowed his costs. 

E Hempstead for Deft

And for further plea in this behalf the said defendant further defends the force & injury when where &c. and saith that the said Ann of having and maintaining her said action thereof against him ought to be barred & precluded because he says that heretofore to wit, at the County aforesaid, on the first day of January, in the year one thousand eight hundred and twelve, the said Ann a black woman aforesaid was the servant of one other James Rein, and his assigns for the time and space of Twenty Years then[?] next[?] ensuing[?] and unexpired, and the said James Rein afterwards to wit, then & there died intestate: and then after to wit then & there letters of administration in due form of law were granted under the hand and seal of the clerk of the Court of Common Pleas for said County of Saint Charles on the estate of the said James Rein deceased to said Henry Hight as by said letters of administration now [unclear] to the Court appears, and which said letters of administration are still in full force, unvacated and unrepealed, and by virtue thereof the said Henry Hight as administrator as aforesaid did then & there take into his possession as the servant of said James Rein and his assigns, the said Ann, a black woman, as by law he had a right to do, at the time and place of the trespasses complained of, and which is the same trespass, assault, battery, wounding, imprisonment, and detention by the said Ann complained of and no other. Without that, that the said Henry did then & there with force and arms and against the peace assault, beat, wound, imprison, and detain the said Ann without any just right or lawful authority on the said Ann hath above complained, all which the said Henry is ready to verify. Wherefore he prays Judgment of the said Ann, her action aforesaid against him shall have or maintain, and that he be allowed his costs. 

E Hempstead

Henry Hight 
ads
Ann, a black woman

pleas

filed 29th October 1816 
Wm Christy Jr. Clk

Ann a black woman 
vs 
Henry Hight

And the said plaintiff as to the second plea of the said defendant above pleaded, says that she the said plaintiff ought not for any thing in the said second plea alledged to be barred & precluded from having & maintaining her aforesaid action thereof against him the said defendant, because she says that, though it is true that the said defendant was in due form of law appointed administrator of the estate of one James Rein in manner and form as the said defendant has in his said second plea stated, yet nevertheless for replication to the said plea the said plaintiff says that she the said plaintiff was not on the the first day of January in the year one thousand eight hundred and twelve or at any other time either before or after the said first day of January possessed and lawfully served as a slave for life by the said James Rein, and that the said defendant committed the trespasses in the plaintiff and declaration complained of without the causes in his second plea stated: and this she the said plaintiff prays may be enquired of by the country.

And the said Plaintiff, as to the third plea of the said defendant above pleaded, says that she the said plaintiff ought not for any thing in the said third plea alledged to be barred & precluded from having and maintaining her aforesaid action thereof against him the said defendant because she says that, though true it is that the said defendant was in due form of law appointed administrator of the estate of one James Rein in manner and form as the said said defendant had in his said third plea stated, yet nevertheless for replication to the said third plea she said plaintiff says that she the said plaintiff was not on the first day of January one thousand eight hundred & twelve or at any time either before the said first day of January or after the same day the servant of the said James Rein in manner and form as the said defendant has in his said third plea stated, and that the said defendant committed the trespasses in the plaintiff's said declaration complained of without the causes in his said third plea stated: and this she prays may be enquired of by the country.

McGirk & Tompkins atts for Plaintiff

Ann a free black woman
vs
Henry Hight

Replication

filed 31 October 1816. 
Wm Christy Jr. clk.

freedom case

filed at April 1817.

Territory of Missouri 
County of St. Charles, ss.

The United States of America, 
To The Sheriff Of The County Of St. Charles.–Greeting. 

Whereas Ann, a free black woman at our Circuit Court before our judge hath recovered against Henry Hight the sum of Five Dollars for her damages and also the sum of thirteen dollars and say fifteen dollars & fifty five cents which to the said Ann a free black woman were adjudged for her damages as well by reason by detaining her in slavery, trespass, & assault, as for costs in that suit expended as appears to us of record.

There are therefore to command you, that of the goods and chattels, lands and tenements of the said Henry Hight you cause to be made the aforesaid damages and costs; and that you have the same before the Judge of our said court on the fourth Monday of November next, to render to the said Anne a free Black woman the damages & costs aforesaid; had for want of sufficient goods and chattels, lands and tenements whereon to levy and make the same, we command you take Henry Hight if he be found, in your county and him safely to keep so that you have his body before the same Judge on the fourth Monday of November next to satisfy the said Ann, a free Black woman of the aforesaid damages and costs: and that you certify to our said judge how you executed this writ: and have you then there this writ: 

Witness William Christy Jr. clerk of the St. Charles Circuit Court this tenth day of June in the year of our Lord one thousand eight hundred and fourteen and of the independence of the United States the forty-first.

Wm Christy Jr. 

No. 9 
Circuit Court 
November Term 1817.

Ann a free Black woman 
vs 
Henry Hight 

execution

Damages $5.0 
Clerks fees 5.88 
Sheriff 2.00 
Sheriff St. Louis 1.67 
Attorney 4.0 
Jury 2.0 
$20.55

Rec'd the within writ 17th June 1817.

Urh J. Devore Shff

Made on the within Execution Eighteen Dollars 
besides my fees of collection 

Urh J. Devore Shff