Pelage v. Francois Valois and John P. Cabanne

Item

Pelage V. Francois Valois and John P. Cabanne. 1821, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60637

Full Text: See images and transcription side by side
Case Title: Pelage v. Francois Valois and John P. Cabanne
Plaintiff: Pelagie
Defendant: Valois, Francois; Cabanne, John P.
Date Filed: 1821-10-03
Filing Date: 1821-10-03
Plaintiff’s Attorney: Peck, James H.
Court Name: St. Louis Circuit Court
Clerk: Gamble, Archibald
Sheriff: Brown, Joseph C.; Walker, John K.
Sworn Declarant: Sarpy, Gregoire; Provenchere, Pierre; Jenear, Pierre; Solomon, Louis; Grenier, Angelic; Raie, Pierre; Kennelle, Pierre; Tebeau, Laura Constance; Lebo, Alexis
Cause of Action: Assault and Battery; False Imprisonment
Case Number: 12
Related Court Case Number: 3283
Identifier: ccr1821.03156.033
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Pelage v. Francois Valois and John P. Cabanne**

---

**Page 1** (3156_001.jpg)
> *Legal Function: Deposition of Alexis Lebo*

State of Missouri
County of St. Louis
Aexis Lebo makith oath
that he will having Pelage (a
girl of colour ) in the forgoing pe
tition named and that he also
will [illegible] Francois Valois
in the same petition named and
that the said Francois Valois same
time in the year eighteen hundred
then or eleven to the best of their
affiants belief the said Valois
removed from the town of St. Louis
into the state of Illinois taking
with him as his slave the said
pelagie and that the said Valois
after said removed lived at
a place called the french
village in said State in the county
of St. Clair keeping and holding
the said Pelage there as his slave
for the space of about five years
when the said Valois removed
back to the said town of St Louis
bringing the said slave with
him and further this deponent
saith not

*sworn to and [illegible]
said before me in open
court oct 1st 1821 A Gamble Clerk his Alexis x Lebo mark*

---

**Page 2** (3156_002.jpg)
> *Legal Function: caption*

No. # 12
[illegible] Francois Valois
Let the usual order be made

*[illegible]*
> *Legal Function: certification of filing*

filed October 1st
1821

*A Gamble Clk*
The petition

---

**Page 3** (3156_003.jpg)
> *Legal Function: Complaint*

Third Judicial Circuit
County of St. Louis to writ
Pelagie an infant of coulour[?]
under the age of twenty one years, who
sues by David [illegible] a free man of
[illegible] being deceased
[illegible] father being a slave [illegible]
[illegible] of Francois Vallois of a plea
[illegible] trespass he - for that said Fran-
cois Vallois on the first day of
January in the year of our Lord one
[illegible] and eight hundred and seventy
one with force and arms at the town
of St. Louis in the said county of
[illegible] made and assault upon
the said Pelagie and then and there
beat bruised and ill treated the
said Pelagie and [illegible] then
and there imprisoned her the said.
Pelagie and kept and detained her
in prison there without any rea-
sonable or probable cause what-
soever for a long time to writ from
thence hitherto continually contrary
to the law of the land and against
the will of the said Pelage against
the peace of the state and the form of the statute
in that case made or provided to
the damage of the said Pelagie of
of five hundred dollars and there
fore she sues and there are pledge
[illegible]

*James H Peck
[illegible] for next [illegible]*

---

**Page 4** (3156_004.jpg)
> *Legal Function: Summons of Francois Valois*

County of St St. Louis The state of missouri To the sheriff of St St. Louis county greeting
You are hereby commanded to summon Francois Valois that he be and
appear before the Judge of our circuit court at the next term thereof
to be held at the town of St Louis within and for the county of
St St. Louis , on the first [illegible] Monday of December next then
and there to answer unto Pelagie an infant of colour under the
[illegible] one year who sues [illegible]
[illegible] mother being deceased and her father[illegible]
of a plea of trespass to the Damage of the said[illegible]
hundred Dollars and have you then there this writ.

*Witness Archibald Gamble clerk of [illegible]
court at office this third day of October one
thousand eight hundred and twenty one Archibald Gamble [illegible]*

---

**Page 5** (3156_005.jpg)
> *Legal Function: caption*

no 12
Pelagie
vs
Francois
/Valois
This is an action
of trespass with
force and arms
Let a [illegible]
sue and the
proper order
accompany

*[illegible] Filed the [illegible] october 1821 A. Gamble clk*
> *Legal Function: Certification of Service*

[illegible] this writ on Francois Valois on the
5th october 1821. by mailing it to him in
the town ship of St Louis

*[illegible]*
> *Legal Function: Service Fees*

|   |   |
|---|---|
| Service | 80 cts |
| travel | 10 |
| | 90 cts |

---

**Page 6** (3156_006.jpg)
> *Legal Function: Summons of Gregoire Sarpy and Pierre Provonchere*

County of St. Louis , Sct. The State Of Missouri , To the Sheriff of St Louis
County-Greeting
You are hereby commanded to summon Gregoire Sarpy and Pierre Provonchere
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our Circuit Court ,[illegible] [illegible] forthwith [illegible] at the town of St .
Louis , then and there to testify and the truth to say, in a certain matter of controversy now pending in our
said court, wherein Pelage is- Plaintiff, and Valois and Cabanne are defendants on the part of the Defendants and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the town of St. Louis , this 23rd day of February
in the year of our Lord, one thousand eight hundred and twenty 2 A Gamble Clerk, Sr. L. C. C.*

---

**Page 7** (3156_007.jpg)
> *Legal Function: caption*

Pelagie vs Valois and Cabanne
for
Gregoir Sarpy and P. Provonchere

*forthwith for Dept.]*
> *Legal Function: certification of execution*

Executed their write on G. Sarpy feby 23rd 1812 P. Provonchere not found

*[illegible]*
> *Legal Function: bill of costs*

|   |   |
|---|---|
| Lenrer | 50 |
| non est | 50 |
| | \$1,00 |

---

**Page 8** (3156_008.jpg)
> *Legal Function: Defendant's Plea*

Francois Valois
[illegible]
Pelagie an infant [illegible]
June Term 1822. And the said
Valois by his attornies[?] comes and defends the
wrong and injury when [illegible] and says that the
said Pelage ought not to have or maintain
her aforesaid action thereof against him
because he says that before the com
mencement of this suit, and untill the twen[?]
ty fifth the day of September in the year eight
een hundred and twenty one the said Pelagie
was the slave of him the said Valois to writ at
the county aforesaid and that he the said Va-
lois then and there by his cetain [illegible] of
that date for and in consideration of the sum of
three hundred dollars to him paid by one John
P . Cabanne bargained and sold the said slave
to the said Cabanne his executors administration
and [illegible] and this he is ready to verify, wherefore
he prays Judgment if the said Pelage ought
to have or maintain her aforesaid action [illegible]
of against [illegible]

*[illegible]
for [illegible]*

---

**Page 9** (3156_009.jpg)
> *Legal Function: caption*

F. Valois
[illegible] adm. Pelagie an infant
plea

*filed June 12, 1822 [illegible] A. Gamble Clk.*

---

**Page 10** (3156_010.jpg)
> *Legal Function: Subpoena of Pierre Jenear, Louis Solomon and Angelic Grenier*

County of St. Louis , Sct. The State Of Missouri , To The Sheriff Of St. Louis County Greeting.
You are hereby commanded to Summon Pierre Deniar Leouis Soloman Angelie Grenier
that setting aside all manner of excuse and delay They be are appear in proper person before the Judge of
our
Circuit Court , on the [illegible] day of July at the town of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and F. Valois defendant,
on the part of the Pltff and have you then there this writ

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this 11th day of June
in the year of our Lord, one thousand eight hundred and twenty two A Gamble Clerk, C. C.*

---

**Page 11** (3156_011.jpg)
> *Legal Function: caption*

Pelagie
[illegible]
Valois
for
Pierre Deniar
Louis Soloman
Angelie Dernier[?]

*for pltff
[illegible]
July, 2nd 1817*

---

**Page 12** (3156_012.jpg)
> *Legal Function: Subpoena of Pierre Raie, Pierre KennelleandLaura Constance Tebo*

County of St. Louis , Sct. The State Of Missouri , To The Sheriff Of St. Louis County....Greeting.
You are hereby commanded to Summon Pierre Raie Piere Kennelle[?]
Laura Constance that setting aside all manner of excuse and delay they be and appear, in proper person before the Judge of
our Circuit Court , on the 2nd[illegible] day of July at the town of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein
Pelagie is plaintiff,
and F. Valois is defendant,
on the part of the pltff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this 11th day of June
in the year of our Lord, one thousand eight hundred and twenty two A Gamble Clerk C. C.*

---

**Page 13** (3156_013.jpg)
> *Legal Function: caption*

Pelagie [illegible] Valois
for
Pierre Raie Kenneth
Laura
Constance Tebo

*for Plaintiff judge [illegible] 2*

---

**Page 14** (3156_014.jpg)
> *Legal Function: Second subpoena of Pierre Jenear, Louis SolomonandAngelique Grenier*

County of St. Louis , Sct. The State of Missouri To The Sheriff Of St Louis County....Greeting.
You are hereby commanded to Summon Pierre Deniar
Louis Solomon, Angelique Grenier that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our Circuit Court , on the 15th day of October at the town of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the Plff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this 3rd day of Sept
in the year of our Lord, one thousand eight hundred an twenty two A gamble Clerk, C. C.*

---

**Page 15** (3156_015.jpg)
> *Legal Function: certification of execution*

Executed this
writ in Louis
Solomon on
the 11th October 1832 the others
not found

*[illegible]
[illegible]*
[illegible]
> *Legal Function: caption*

Pelagie
vs
Frs. Valois
for

*Pierre Senear[?] Louis Solomon Angelique Grenier 15th Oct for Plff.*

---

**Page 16** (3156_016.jpg)
> *Legal Function: Second Subpoena of Pierre Raie, Pierre Kennelle and Laura Constance Tebeau*

County of St. Louis , Sct. The state of Missouri To the sheriff of St. Louis county....Greeting
You are hereby commanded to Summon Pierre Raie
Pierre
kenneth, Laura , Constantine Tehean that setting aside all manner of excuse and delay they be and appear in proper person before the judge of
our Circuit court, on the 15th day of October at the town of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff
and Francois Valois is defendant,
on the part of the plff and have you then there this writ.

*Witness, Archibald gamble, clerk of our said circuit court, at the
town of St. Louis , this 3rd day of Septr in the year of our Lord, one thousand eight hundred and twenty two [illegible] A Gamble clerk, C. C.*

---

**Page 17** (3156_017.jpg)
> *Legal Function: caption*

Pelagie vs Francois Valois
for

*Pierre Raie Pierre Kenneth Laura Constance Lebeau [illegible]*
> *Legal Function: notation of deputy sheriff*

Pierre Raie Pierre Kenneth Laura Constance Lebeau [illegible] not found in
this county

*[illegible]*

---

**Page 18** (3156_018.jpg)
> *Legal Function: Second Subpoena of Pierre Provenchere and Gregoire Sarpy*

County of St Louis , Sct. The State Of Missouri , To The Sheriff Of County-Greeting:
You are hereby commanded to Summon Pierre Provenchere and Gregorie Sarpy[?] that setting aside all manner of exuse and delay they be and appear in proper person before the Judge of
our
Circuit Court , on the fifth day of June at the town of St. Louis , then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the defendant and [illegible] have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit court, at the
town of St. Louis , this fourth day of June
in the year of our Lord, on thousand eight hundred and twenty three A gamble Clerk, C. C.*

---

**Page 19** (3156_019.jpg)
> *Legal Function: caption*

Pelagie
vs Valois
for

*Pierre Provenchere Greg
Sarpy 5th June for deft*
> *Legal Function: certification of execution*

Executed an
Gregorie Sarpy[?]
on 5th June 1825-Pierre Provenchere not found
[illegible]

*[illegible] [illegible] [illegible]*

---

**Page 20** (3156_020.jpg)
> *Legal Function: Third subpoena of Pierre Jenear, Louis Solomon and Angelique Grenier*

County of St. Louis Sct. The State Of Missouri , To The Sheriff Of St. Louis County-Greeting:
You are hereby commanded to Summon
Pierre Jenear
Louis Solomon
Angelique Grenier that setting aside all manner of excuse and delay They be and appear in proper person before the Judge of
our Circuit Court , on the fifth day of March at the town of St. Louis , then
and there to testify and the truth so say in a ceratain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the plaintiff and have you then there his writ

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this Eighteenth day of March
in the year of our Lord, one thousand eight hundred and twenty three Archibald Gamble Clerk, C. C.*

---

**Page 21** (3156_021.jpg)
> *Legal Function: caption*

June term 1823
Pelagie vs
Francois Valois
for

*Pierre Senear[?] Louis Solomon Angeligue Grenier 5th June for plantiff*
> *Legal Function: certificate of execution*

the witnesses not found on this subpoena

*this 5th june 1823
[illegible] Brown
[illegible]*

---

**Page 22** (3156_022.jpg)
> *Legal Function: Third Subpoena of Pierre Raie, Pierre KennelleandLaura Constance Tebeau*

County of St. Louis , sct. The State Of Missouri , To The Sheriff Of St. Louis County-Greeting:
You are hereby commanded to Summon Pierre Raie
Pierre Kennell[?] Laura Constance
Lebeau
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our
Circuit Court , on the fifth day of March at the town of St. Louis , then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the plantiff[?] and have you then there this writ

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , the Eighteenth day of March
in the year of our Lord, one thousand eight hundred and twenty three Archibald Gamble Clerk, C. C.*

---

**Page 23** (3156_023.jpg)
> *Legal Function: Certificate of Execution*

Pierre Rail Pierre Kenneth Laura and Constance
Lebeau not found in
this county

*this 5th june 1823 E.F. Brown Shff.*
> *Legal Function: caption*

June Term 1819
Pelagie vs. Francois Valois
for

*Pierre Raie Pierre Kenneth [illegible] Laura [illegible] Constance
Lebeau June 5th for plff*

---

**Page 24** (3156_024.jpg)
> *Legal Function: Subpoena of Pierre Jenear, Louis Solomon and Angelique Grenier*

County of St. Louis , Sct. The State Of Missouri , To The Sheriff Of St. Louis County-Greeting.
You are hereby commanded to Summon Pierre Senear[?], Louis
Solomon and Angelique Grenier
that setting aside all manner of a excuse and delay they be and appear in proper person before the Judge of
our Circuit Court , on the sixth day of february at the town of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this 27th day of December
in the year of our Lord, one thousand eight hundred and twenty two [illegible] A. Gamble Clerk, C. C.*

---

**Page 25** (3156_025.jpg)
> *Legal Function: caption*

February Term 1823
Pelagie Francois Valois
for

*Pierre Senear[?] [illegible] Louis Solomon [illegible] Angelique Grenier 6th February for [illegible] Plantiff*
> *Legal Function: certificate of execution*

Pierre Senear Louis Solomon Angelique Grenier[?] not found in this country

*[illegible] Brown Shff*

---

**Page 26** (3156_026.jpg)
> *Legal Function: Subpoena of Pierre Raie, Pierre Kennelle and Laura Constance Tebeau*

County of St. Louis . Sct. The State Of Missouri , To The Sheriff Of St. Louis County-Greeting.
You are hereby commanded to Summon Pierre Rail Pierre Kenneth
Laura , and Constance Lebeau
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of
our Circuit Court , on the Sixth day of February at the town of St. Louis , then
and there to testify and the truth so say in a certain matter of controversy now pending in our said court,
wherein Pelagie is plaintiff,
and Francois Valois is defendant,
on the part of the Plaintiff, and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
town of St. Louis , this 27th day of December
in the year of our Lord, one thousand eight hundred an twenty two [illegible] A Gamble Clerk, C. C.*

---

**Page 27** (3156_027.jpg)
> *Legal Function: certificate of execution*

Pierre Rail Pierre Kenneth Laura Constance Lebeau not found in this country

*[illegible] Brown Shff*
> *Legal Function: caption*

February Term 1823
Pelagie Francois Valois
for

*Pierre Rail Pierre Kenneth Laura Constance Lebeau*

---

**Page 28** (3156_028.jpg)
> *Legal Function: Order Granting Petition to Sue in Forma Pauperis*

Pelagie a woman of Colour
by her next friends
vs
Francois Valois
James [illegible] presents the petition of Pelagie
a woman of colour praying that she may be permitted to institute a
suit against Francois Valois for establishing her right to freedom and
that she may be permitted to sue as a poor person thereupon the
court permit the said Pelagie to sue as aforesaid and direct an
action of assault and battery and false imprisonment to be brought
in the name of said Pelagie against the said Francois Valois and
assign James St. Peek as her counselor and it is ordered by the court
that the said defendant permit the said petitioner to have a reasonable
liberty of attending her counsel and the court when occasion may
require it and that the said petitioner shall not be taken or removed
out of the jurisdiction of this Court or be subject to any severity
of treatment on account of her application for freedom

*A [illegible] copy from the Records A Gamble Clerk*

---

**Page 29** (3156_029.jpg)
> *Legal Function: certification of execution*

Executed this order on Franies [illegible] by copy

*Jn Simonds [illegible]*
> *Legal Function: caption*

Pelagie a women of colour
vs Francois Valois
copy of order

---

**Page 30** (3156_030.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis*

To the honorable the Circuit sitting
for the county of St Louis
The petition of Pelagie a
female of colour and an infant
under the age of twenty one years
by David [illegible] a free man of colour
her next friend (her father being
a slave and her mother being
dead). respectfully represents to your
honour[?] that, same time in the year
eighteen hundred and two she
was born in the town of St St. Louis
as the property of Antoine Laulard[?]
and that while [illegible] an
infant perhaps less than a year old was sold by said Laulard[?] to one Francois Vallois
who [illegible] and claimed your
petitioner in the said town of
St Louis until about the year of
our Lord One Thousand eight
hundred and Ten or Eleven, when
the said Francois Vallois removed
from the said town into the state
of Illinois taking your petitioner
with him as his slave, to a place
called the French Village in
said state, where he continued
to reside with his family and
with your petitioner holding
her as his slave for the space
of two years or [illegible] upwards next after the
time of said removal [illegible]
that after which time the said

---

**Page 31** (3156_031.jpg)
in the year \$13 as she believes
Valois remained with your
petitioner into the the said Town of
St. Louis in the said county of
St St. Louis , where he has since
continued to reside with your
petitioner and where he [illegible] and claiming
her as slave and your petitioner
claiming her freedom in virtue
of said [illegible] removal
to the said state of Illinois and
residence there under the circumstances he fore mentioned and
prays your honour[?] to be permitted to sue as a poor person
and that your honour will[?]
further make an order directing
an action to be brought [illegible] and
such other orders as from time to
time to your honour[?] shall deem
merit and your petitioner as in duty
bound will ever pray [illegible] -

*Pelage by her
next friend DesireJacque*

---

**Page 32** (3156_032.jpg)
> *Legal Function: Order to Bring Francois Valois and John P. Cabanne Before the Court on Contempt Charges*

Pelagie
vs
Francois Valois
Circuit Court
Febry [illegible] Term 1822
On motion of [illegible]
ordered that John P Cabanne and
Francois Valois is be summoned to be and
appear before the Court on Saturday
the 23rd instant to then cause why
an attachment should not issue
against them for a contempt
in disobeying a form order of this
court by sending Pelagie, a negro
applying for her freedom and
of the juridiction[?] of this court

*A copy of the rule
Archibald Gamble
clerk*

---

**Page 33** (3156_033.jpg)
> *Legal Function: certification of execution*

Executed this
Summons on
the Defendants
on the 22nd Feby
1822 at their
respective places
of residence
in the township
[illegible]

*[illegible] walker
D Shff
[illegible] 1.00*
> *Legal Function: caption*

1822
Rule to show cause
against
Francois Valois &
[illegible]Cabanne
[illegible] 23rd Feby

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Pelage V. Francois Valois and John P. Cabanne. 1821, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60637