John Johnson v. Sosthene Allain

To the Honorable the Judge of the District Court of the State of Louisiana in and for the 11th Judicial District

The petition of John Johnson a free man of colour of the age of about 16 years by his next friend N. Wheeler

Respectfully sheweth.

That he was born in the City and State of New York one of the United States of America of Free parents, and that he is not liable to be held or detained as a Slave.

That he came to the City of New Orleans in the District aforesaid in the capacity[?] [one line illegible] of James Wilkinson [unclear] a major General of the army of the United States that after the arrival of your petitioner at New Orleans, in the District afsd to wit on the 7 day of Febr 1816 the said Celestine Troudou the wife of the said James Wilkinson sold your petitioner as a slave to Sosthene Allen at the City of New Orleans in the District afsd by a bill of Sale [unclear] before Peter Pedesclaux notary public of the said City of New Orleans.

That your petitioner since the sale aforesaid, has been placed upon a sugar plantation within the District afsd by the said Allen where he has been held and treated as a slave in the most cruel manner.

And your petitioner further represents that being born of free parents in the said State of New York he is not liable to be held as a slave of any person and that even if his parents were slaves in the State of New York yet by the laws of that State he was not liable to be held as a Slave in the said State, after he had arrived at the age of 21 years. And that by the laws of the said State had he been born [two lines illegible] the limits[?] of said State. Your petitioner therefore prays That a curator ad litem may be appointed to him, and that the said Sosthene Allen may be cited to appear and answer this complaint, and that this Honorable court may decree to your petitioner his freedom and compell the said Allen to pay such wages to your petitioner as [unclear] been worth, and such damages as your petitioner has sustained by cruel treatment since he has been sold and detained by the said Allen and your petitioner further prays he may be authorised to sue in forma pauperis that an order of this Honorable Court may be granted that your petitioner may be hired out by the sheriff and that the wages of your petitioner may abide the event of this suit. And that such other and further relief may be granted your petitioner as to equity and justice may appertain. 

Porter & De Peysten
Atty for Petitioner

Personally appeared before me John Johnson the petitioner within named who being duly sworn, doth depose and say: that he was born in the City of New York of free parents that he came to the City of New Orleans [two lines illegible] Mdme Wilkinson and [unclear] and that he is not liable to be held to servitude as a Slave by any person.

John Johnson
his X mark

Subscribed and sworn to before me at New Orleans this 9th day of April 1816.
[illegible signature]
Justice of the Peace of the 7th Section of the City of New Orleans

It appears that the petitioner was born in the State of New York since the 4th day of July 1799, and he has been transported from that State to this, & held as a slave, and is not held as such. These facts being established, he was by an act of the legislature of New York passed the 9th April 1813 entitled to his freedom.

Wherefore it is ordered, adjudged and decreed that the petitioner John Johnson be put in possession of his liberty, and that he be freed from any further claims or control of the defendant.

4th August 1817

Joshua Lewis
Martin Gordon Clk

John Johnson
vs
S. Allain

It is ordered that Benjn Porter be appointed curator ad litem and the Petitioner be permitted to sue in forma pauperis and it is further ordered [several lines illegible]

It appears that the petitioner was born in the State of New York since the fourth day of July in the year 1799. that he has been transported from that state to this and sold as a slave and is now held as such. These facts being established, he is by an act of the Legislature of New York passed the 9th April 1813 entitled to his freedom. Whereupon it is ordered adjudged and decreed that the petitioner John Johnson be put in possession of his liberty and that he be freed from any further claim or control of the Deft and it is ordered & adjudged that the Deft pay costs of suit

District Court

John Johnson
vs
S. Allain

Opinion

Recorded 4th July 1817
Martin Gordon Clk