Matilda v. Isaac Vanbibber

Territory of Missouri
Country of St Charles 

Northern Circuit
In the Circuit Court 
April Term 1815

The petition of Matilda a black free girl about the age of twelve or thirteen now in possession of Isaac Vanbibber

Humbly sheweth by her attorney

To the Honorable the Judge of the said court now in session

That your petitioner was brot from one of the United States long since and before that any act was passed by the Legislature of the Indiana Territory respecting slavery or of indenturing slaves into the said Territory by a person by name of Mitchell and your petitioner there remained in said Territory whereby she became entitled to her freedom by virtue of an Ordinance of Congress made by Congress for the government of the Northwestern Territory and your petitioner being so free of right and by law was afterwards forcibly and against her will taken from said Territory by a person as well as your petitioner remembers by the name of John Rector and brot to there then Territory of Louisiana and sold as a slave to one William Christy and by him detained and by him detained forcibly and against her will in servitude for a long time and your petitioner was afterwards sold or disposed of by said Christy as a slave to one Isaac Vanbibber who has ever since kept her forcibly and against her will in servitude as a slave and still detains her in servitude whereas the said Matilda is free and of right ought to be according to law and your petitioner prays that process may be directed against the said Isaac according to law and that he be compelled to answer thereto and that your petitioner be permitted to sue as a poor person and your petitioner as in duty bound will ever pray &c
 
M McGirk attorney for petitioner

The petition of Matilda a free black girl for freedom 

filed the 8 April 1815
W. Christy 

Territory of Missouri
County of St Charles

In the Circuit Court 
Northern Circuit July 
Term 1815

Matilda a free black girl by her attorney complains of Isaac Vanbibber in a plea of trespass with force and arms for that on the first day of April in the year one thousand eight hundred and fourteen at St Louis to wit at St Charles, and within the jurisdiction of the court the said Isaac with force and arms made an assault on the said Matilda and then and there beat wounded and ill-treated the said Matilda whereof the said Matilda was in great danger of losing her life and also for that afterwards to wit on the same day and year aforesaid at the place aforesaid with force and arms the said Isaac then and there made another assault on the said Matilda and then and again beat wounded and imprisoned and ill treated the said Matilda and her the said Matilda put in prison without any reasonable cause against the will of the said Matilda and against the laws of the land for a long time to wit ever since that time to the bringing of this present action and still detains the said Matilda without reasonable cause and against her will and many other injuries then & there did to the said Matilda contrary to the peace and dignity of the United States and to the damage of the said Matilda five thousand dollars therefore she sues. 

M McGirk, atto
for Plaintiff

Isaac Vanbibber 
ads. 
Matilda, free black girl

Action of trespass with force & arms damage $5000. July term of the circuit court for St Charles county

And the said Isaac the defendant by Carr his attorney comes & defends the charge of the wrong & injury whereof &c & says that he is not guilty in manner & form as is complained of against him with plaintiffs declaration & of this he puts himself upon the country.

Carr atty p d

And the plaintiff also
M McGirk atto
for pltff

And the said defendant furthermore pleads that on the day & at the place mentioned in the plaintiffs declaration and before that time to wit on the nineteenth day of June eighteen hundred & nine she the said plaintiff was the slave & property of him the defendant & yet is his slave & property & that on the said last mentioned day he purchased the said Matilda of one William Christy whose property she then was & took & received from said Christy a Bill of sale in the words & figures following to wit

"For & in consideration of the sum of two hundred dollars To me in hand paid the receipt whereof I do hereby acknowledge, have granted bargained sold & delivered & by these presents do grant bargain sell & delivered unto Isaac Vanbibber a negro girl named Matilda, between eight & nine years old, which girl Matilda I do hereby warrant & defend unto the said Vanbibber his heirs & assigns against me & my heirs & assigns & all & every other person or persons lawfully claiming or to claim the same, in witness whereof I have hereunto set my hand this 19th day of June 1809. signed, W. Christy. Test. Clement B. Penrose. B. G. Farrar."

by virtue of which said Bill of sale which is here shewn so [unclear] he took into his custody & received the plaintiff as his slave & property from said Christy. all of which he is ready to verify &c. wherefore he prays judgment of the plaintiff's actions ought not to be borne. 

Carr atty p.d.

Matilda a free black
vs 
Isaac Vanbibber

Replication

The said Matilda says that she ought not to be barred from having & maintaining her Action aforesaid against the said Isaac for anything alleged by the said defendant in his second plea above pleaded because she says that on the day mentioned in her declaration or at any time before that day was she the slave of the said Isaac and of this she prays may be enquired of by the Country.

M. McGirk
atto for the pltff

and the said Matilda protests against the truth of any such bill of sale existing as the said Defended has set out in said second plea

M. McGirk atto
for pltff

and the said Matilda says altho such bill of sale as the defendant has let out in his second plea pleaded yet she protests agianst the Conclusion their in contain to wit that she is a slave by virture of said bill of sale

M. McGirk
atto for pltff