Arch v. Barnabas Harris

To the Honorable the Judge, of the Northern
Circuit sitting in and for the County of St Louis.

The Petition of Arch a free black man humbly sheweth.

That your petitioner was heretofore the slave of one Eusebius Hubbard of the County of St Louis, that as such he lived with and served the said Eusebius Hubbard until about the month of August Eighteen hundred and seventeen when the said Eusebius Hubbard by an instrument in writing under his hand and seal emancipated your petitioner after the death of him the said Eusebius that shortly afterward the said Eusebius died Whereby your petitioner believes he became free.

Your petitioner further states that Barnabas Harris of the County of St Louis now claims your petitioner as a slave. Wherefore your petition prays your honer to make such order in his behalf to enable him to sue for his freedom as the law requires.

And &c

Arch his mark X 

Arch a black man
vs
Barnabas Harris

Petition

filed June 9th 1818
A Gamble Clk

Missouri Territory
St. Louis County Scil

By act of the Legislature of 1807. 

The United States of America to Barnabas Harris Esq. greeting.

We command you that the Body of Arch a black man by whatever name he may be called, under your custody detained, as it is said, together with the day & Cause of the Caption & detention of the said Arch you have before Nathanial Beverley Tucker our Judge of the Courts of the Northern Circuits of the Territory aforesaid at his house in the County of St Louis & Township of St Ferdinand forthwith to do and receive what our said Judge may consider of him in this behalf, & have then there this writ. Witness Nathanial Beverley Tucker Judge of the Courts of the Northern Circuit of the territory aforesaid this sixth day of May one thousand eight hundred and eighteen

N. B. Tucker 

Before the honorable N. B. Tucker at his chambers
May 11th 1817.

In obedience to the commands of the above precept I have here, before the honorable N. B. Tucker Judge of the Courts of the Northern Circuit in the Territory of Missouri at his house in the Township of St Ferdinand & County of St Louis the body of Arch the above named Black man in whom I claim property as my slave as will appear by a Bill of sale herewith shewn dated the 2nd day of March 1818. And at the date of the foregoing precept the said black man Arch was & still is my property. This is the day & cause of the caption & detention of the said Arch & no, other.

Barnabas Harris

Ex Parte
Arch
Writ of Habeas Corpus
Return thereon & Judgment

Ten Cents per mile is allowed for the expense of bringing up the Body of the within named Arch

N. B. Tucker.

Ex parte Arch
On an writ of Habeas Corpus.

The Return in this Case presents a question which I am incompetent to try. It ceases to be a question of personal restraint alone. It becomes a controversy in which a right to personal liberty is alleged on the one hand, and a claim of property on the other. This last is beyond my jurisdiction. The Amendments to the Constitution of the United States Art 7. and the Organic Law Sect. 14. require a Jury, before a question of property can be decided. If the Habeas Corpus Law therefore expressly called upon me to apply this remedy in this case I should refuse to do so, because in so doing I must disobey the paramount authority of the Constitution and the Organic Law. But in fact I do not understand the Law as requiring any such thing. The legislation on the same day passed a law providing the remedy of persons claimed as slaves, & I therefore have no doubt they intended this Law for the relief of persons not so claimed. Such is the spirit of Magna Charta which gives its protection only to free men. Its language is, "nulles Liber Homo;" excluding villeins in England, as in like manner it would exclude slaves here.

The true question which this case on the merits would present would be "whether the Boy Arch on a day certain was the property of Eusebius Hubbard, or of George Hubbard & others." I am incompetent to try such a question under any modification of circumstances.

I can do nothing therefore in the case, but leave the applicant in the possession of Barnabas Harris, to pursue the Remedy which the Law has pointed out

N. B. Tucker.
J. N. C. M. T.

This Indenture made and concluded this eleventh day of October one thousand eight hundred and eleven by and between Eusebius Hubbard, George Hubbard, Thomas Ballew and John Procter of the one part and Elizabeth Hubbard, James Whiteside, Davis Whiteside of the other part Witnesseth. Whereas in and by a certain marriage contract entered into by and between the sd Eusebius Hubbard and Elizabeth Hubbard bareing date June the 11, 1805 certain negroes to me Lucy, Milly, Hannah, Charlotte, Judy, Barn, Arch, Matt, Tye, Jack and their increase and certain other property therein specified was settled and endowed upon her the sd Elizabeth and certain other property belonging to sd Elizabeth was brought into the sd marriage contract to the sd Eusebius during his natural life and with revertion to the heirs of sd Elizabeth as by sd marriage contract will appear and whereas the sd Eusebius, George, and Thomas and John have set up pretentions and claims to sd property so settled upon the sd Elizabeth and for the establishment of her sd claim she has petitioned the General Court of the territory of Louisiana Sitting as a Court of Chancery. and whereas an amicable adjustment hath taken place between the parties and the sd dispersd or likely to terminate in a peaceable way to the satisfaction of all concernd

Now therefore be it known that for the causes and considerations aforesd and of one Dollar paid in hand by the party of the second part to the party of the first that they the sd party of the first part that is to say the sd Eusebius, George, Thomas, and John for themselves their heirs, Executors, & administrators do hereby Grant, bargain, release, and give claim to the sd Davis Whiteside and James Whiteside in trust for the sole and support use and benefit and behoof of the the said Elizabeth Hubbard all the Right title, interest, and claim which they jointly and separately have in on to the plantation and stock thereon or thereabouts now occupied by the sd Elizabeth and Eusebius and also the five negroes named Hannah, Charlotte, Tye, Phile, and Malinda to have and to hold the same property to them and their constitution in trust as aforesd forever

and the sd Elizabeth Davis and James for the causes and considerations aforesaid and also of the sum of one Dollar to them in hand paid do hereby grant, bargain, Release, and give claim to the sd George, Thomas, and John and to their heirs and assigns forever all the right, title, interest, and property they jointly and seperately have a claim in and to five negroes named Milly, Harry, Lark, Matt, Barn and to sd Eusebius so long as he shall Reside in the District of Saint Louis and after his Death with Revertion to the sd George, Thomas, and John and their heirs and assigns two negroes named Arch and Jack the said Suit in the General Court is to be Dismissed on the cost of Davis Whiteside and James Whiteside and the sd George, Thomas, and John for themselves their heirs Executors and assigns do hereby covenant to and with the said Davis and James sons of the sd Elizabeth acting on the behalf of the sd Elizabeth that they sd George, Thomas, and John shall and will keep the sd Elizabeth Davis and James harmless from all Debts of the sd Eusebius Hubbard contracting before the marriage contract was entered into by and between Eusebius and Elizabeth and from all costs and charges prior to the said marriage contract defending the same so that the property of sd Elizabeth Davis and James or either of them their heirs Executors or administrators shall not be after answerable for any of sd Debts nor their bodies molested therefor and the said George, Thomas, and John not to be accountable for any of the said debts contracted since the said marriage the business being fully understood between parties

For the true performance of all and singular the covenants and agreements herein contained the parties aforesaid hereby bind themselves Jointly and Severally their heirs, Executors, and administrators each to the other in the penal sum of three thousand Dollars

In witness whereof the parties aforesaid have hereunto set our hands and affixed our seals the day and year first above written.

Eusebius Hubbard (seal)
George Hubbard (seal)
Thomas Ballew (seal) 
John Proctor  (seal)
Elizabeth Hubbard (seal)
Davis Whiteside (seal) 
Jas Whiteside III (seal)

Signed, sealed, and delivered in presence of
Rd Chitwood Esqr
John Brown
James Chitwood