Pelagie v. John P. Cabanne

Item

Pelagie V. John P. Cabanne. 1822, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60641

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Case Title: Pelagie v. John P. Cabanne
Series: Freedom Suits
Plaintiff: Pelagie
Defendant: Cabanne, John P.
Date Filed: 1822-02-26
Filing Date: 1822-02-26
Plaintiff’s Attorney: Peck, James H.
Court Name: St. Louis Circuit Court
Clerk: Gamble, Archibald; Baker, E.
Sheriff: Brown, Joseph C.; Walker, John K.; Brown, E.H.
Sworn Declarant: Sarpy, Gregoire; Provenchere, Pierre
Cause of Action: Trespass; Assault and Battery; False Imprisonment
Case Notes: Pelagie, born a slave to Antoine Soulard, was forced to go to dwelling house of Jean Cabanne on December 1, 1821; she was imprisoned for 80 days, then transported 40 miles down the Mississippi to be imprisoned for another 25 days; damages $5,000.
Case Number: 9
Related Court Case Number: 3156
Related Project ID: ccr1822.05525.002
Identifier: ccr1822.03283.015
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Pelage vs. John P. Cabanne**

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**Page 1** (3283_001.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri County of St Louis
[illegible] an infant under the
age of twenty one years and a person of coulor[?] by
her next friend James H . Peck complains of John
P. Cabbanne in a plea of trespass. For that the
said John P Cabbanne on the first day of December
in the year of our Lord one thousand eight hundred
and twenty one with force and arms made
an assault on the said Pelagie to wit at the
township of St Louis in the said
County of S Louis
and then and there beat bruised and ill treated her
the said Pelagie and then and there imprisoned her
the said Pelagie, and kept and detained her in
prison there with out any reasonable or probable cause
whatsover for a long space of time to wit for the sapce
of eighty days then next following contrary to the laws
ot the state and against the [illegible] will of the said Pelagie
and other wrongs to the said Pelagi then and there
did to the great damage of the said Pelagie and
against the peace of the
State of Missouri
And [illegible] for that the and John P Cabbanne

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**Page 2** (3283_002.jpg)
on the first day of December in the year of our Lord
one thousand eight hundred and twenty one with
force and arms made an assault upon the said Pelagie to wit at the township of S Louis in the Said
County of S Louis and then and there seised[?] and
laid hold of the said Pelagie with great force
and violence and then and there with great force
and violence and [illegible] about the said
Pelagie and then and there forced and compelled
the said Pelagie to go to the dwellig house of[?]
the said John P Cabbanne , situate and being
in the said township and county and then and
there imprisoned the said Pelagie and kept and
detained her in prison there without any reasonable or probable cause whatsoever for a long space of
time to wit for the space of eighty days then next following and there [illegible] all the said time forced
and compelled the said Pelagie to work and
labor and to perform menial and servile offices
for him the said John P Cabbanne , and did
during the said time to wit on the first day of February
in the year of our Lord one thousand eight hun-
dred[?] and twenty two force and compel the said

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**Page 3** (3283_003.jpg)
> *Legal Function: Plaintiff's Complaint part 2*

Pelagie from and out of the said dwelling house
of him the siad
John P . and to be transported and
conveyed to a great distance from said dwelling
house under the pretence of owning the said Pelagie
as his slave, to wit to the distance of forty miles down
the river Mississippi to a place than [illegible] and
being to wit at the township and county aforesaid
and did than and there imprison the said Pelagie
and keep and detain her in prison
there for a long space of time to wit for
the space of twenty five days, and did then and thereput[?] and place the said Pelagie in irons and her
during all the said time last mentioned did detain in in irons contrary
to the laws of the said State of Missouri and ag-
ainst[?] the will of the said Pelagie, whereby she the
said Pelagie was then and there not only hurt and bruised and wounded but was thereby then and
there exposed to great hazzard[?] of her life libert[?]
and rights and much injured in her condition
and circumstances to wit at the county of S Louis
aforesaid and other wrongs to the said Pelagie then
and there did against the peace of the said state of Missouri wherefore the said Pelagie by her said
next friend is injured and hath sustaineddamage[?] to the amount of fivethousand dollars
and therefore she sues

*James H . Peck Atto & next friend[?]*

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**Page 4** (3283_004.jpg)
> *Legal Function: caption*

No. 9 June Term 1822
Pelagie an in-
fant and person of colour by her
next friend vs
John P. Cabbanne
This is an action of Trespass assault
battery and false imprisonment
Damages $ 5,000
Let a Summons
issue[illegible]

*filed February 26th 1822 A Gamble Clk*
> *Legal Function: certificate of excution*

Excuted this writ
by reading it & the declaration to the
defendant John
P. Cabbanne on
the 1st, march 1822
in St Louis Town
=ship

*Jno K Walker D Shff Sheriffs fee \$1.00*

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**Page 5** (3283_005.jpg)
> *Legal Function: Summons of John P. Cabanne*

The State of Missouri County of S Louis Ss To the Sheriff of said County Greeting
We command you to summon John P Cabanne that he be
and appear before the Judge of our Circuit Court at the next Term thereof
to be held at the Town of S Louis within and for the County of S Louis on
the first monday of June next then and there to answer unto Pelagie an
infant under thte age of twenty one years and a person of colour by her next[?] friend James Pecks of a plea of Trespass to the damage of the said
plaintiff of five Thousand[illegible] - and have you then there this writ

*Witness Archibald Gamble Clerk of our said County at
office this Twenty sixth day of February 1822 Archibald Gamble Clerk by E Baker Dept. Clerk*

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**Page 6** (3283_006.jpg)
> *Legal Function: Defendant's Plea*

John P . Cabane[?]
[illegible] Pelagie an infant
June Term 1822. And the said
John P . Cabanne by his attornies[?] comes and
defends the force and injury when [illegible] and says
that he is not guilty of the said several supposed trespassesin manner[?] and form as the said Pelagie hath
above thereof complained against him [illegible]. and of this he puts himself upon the Country

*Strother[?]
for deft.*
> *Legal Function: Defendant's Plea part 2*

And for a further plea in this behalf the
said Cabanne says that the said Pelagie ought
not to have or maintain her aforesaid actionthereof[?] againsthim because he says that
at the said several times when the said Pelagie
was the slave of him the said Cabanne Court
at the county aforesaid and this he is ready to
verify wherefore he prays judgment if the said Pelagie ought to have or maintain her afore
said action thereof against him.

*Strother[?]
for deft*
> *Legal Function: Defendant's Plea part 3*

And for a further plea in this behalf the said Cabanne says that the Said Pelagie ought not
to have or maintain her aforesaid action there

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**Page 7** (3283_007.jpg)
of against him because he says that the
said Pelagie was born the slave of a certain
Autome Soulard and hath ever since been held in
slavery and at the said time when Tc. was held as the slave of him the said
Cabanne to wit at the county aforesaid and this
he the said Cabanne is ready to verify wherefore
he prays judgement if the said Pelagie ought to have or maintain her afore
said action thereof against him

*Strother[?] [illegible] for deft.*
> *Legal Function: caption*

Jno P . Cabanne
[illegible]
Pelagie an infant
Plea

*Filed June 19th 1822 A Gamble Clk*

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**Page 8** (3283_008.jpg)
> *Legal Function: Subpoena of Gregoire Sarpy and Peter Pronvonchere*

County of St. Louis , Sct. The State Of Missouri , To The Sheriff Of S Louis County-Greeting:
You are hereby commanded to Summon Gregory
Sarpy and
\> Peter Provenchere[?]
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 6th 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 a black Girl is plaintiff,
and John P Cabanne is defendant,
on the part of the defendant 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 Decr in the year of our Lord, one thousand eight hundred an twenty two A Gamble Clerk, C. C.*

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**Page 9** (3283_009.jpg)
> *Legal Function: certificate of service*

Served this
writ on Gregory Sarpy on
the 24th Jan 1823
P[illegible]
not found
in this county
[illegible]

*E.H. Brown dshff Service 50 cts*
> *Legal Function: caption*

February Term 1823
Pelagie
vs
Jno P Cabanne
for

*Gregory Sarpy [illegible] [illegible] 6th Febry forDeft[?]*

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**Page 10** (3283_010.jpg)
> *Legal Function: Subpoena of Gregoire Sarpy and Peter Pronvonchere*

County of St. Louis , Sct. The State Of Missouri , To The Sheriff Of St louis County-Greeting:
You are hereby commanded to Summon
Gregoir Sarpy Peter Provenchere[?]
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 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 Jean P Cabanne is
defendant,
on the part of the Defendant and have you then there this 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.*

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**Page 11** (3283_011.jpg)
> *Legal Function: certificate of execution*

Executed on Gregoire Sarpy 29th
April 1823
On Peter Proven-chere[?] the 2nd
May 1823 in St Louis

*Jno K. Walker Shff [illegible]
Shffs fees[?] $ 1.00*
> *Legal Function: caption*

June Term 1823
Pelagie vs Jno P Cabanne
for

*Gregoir Sarpy[?] &
P Provenchere[?] 5th 5th June for
Deft*

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**Page 12** (3283_012.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis*

To the Honb[?] The Circuit Court Sitting
for the County of St Louis
James [illegible] respectfully
that at the last term of this court
Pelagie a woman of colour and
under the age of twenty one years
by David gaeth her next friend
Presented her petition to this honor-
able Court setting forth facts (veri
fied by affidavit) which entitled
the said Pelagie her freedom. and
praying to be permitted to sue as
a poor person to obtain her freedom
that this honorable court in pur=suance[?]
of the prayer of said petitioner
directed an action of assault and
battery and false imprisonment
to be brought according to the
provisions of the Statue in that
case made and provided- and
did thereupon assign your petitioner as couunsel for the said Pelagie to pro=

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**Page 13** (3283_013.jpg)
prosecute said suit that suitwas[?] accordingly instituted and
is now pending. that such pro-
ceeding was had in said suit thatFrancois Vallais[?] the person whoclaimed[?] said Pelagie as his slave
and against whom the said action
was brought pursuant [illegible] to said
Directions of this Court was at
the term of this court compelled or did enter into recognizance with condition thereto touch-
ing the Treatment by him to be [illegible] towards the said Pelagie
in all things as the statute in that case requires- your petitioner further states that since the last
term of this Court as he is informed and believes the said Defendant Francais Vallais,[?] has sold said
Pelagie to one John P . Cabanne
of this County, who has recently sent
or caused said Pelagie to be conveyed to St. Genevieve, and there to be shiped[?]
on board of some boat for new orleans and beyond the jurisdiction

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**Page 14** (3283_014.jpg)
> *Legal Function: Petition to Sue in Forma Pauperis part 2*

of this court. and with a view of
having her sold as a slave beyond
the reach of justice. your petitioner
therefore prays that subpoenas may
issue for witnesses to prove the abovefacts.[?] to the end that a [illegible] may
be obtained, as well upon the said
Vallais[?] as the said Cabbanne(who also well knew the pendancy[?]
of the suit above mentioned) to shew cause why an attachmentshewed not issue[?] against them for
a contempt of Court in dis=obeying the former order of this
Court. and [illegible] a party lit-
igant[?] in this court with a [illegible]
to defeat the ends of justice

*James H. Pechatto.[?]*

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**Page 15** (3283_015.jpg)
> *Legal Function: caption*

Pelagie (a woman of colour vs Petition
Jno P Cabanne

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

Pelagie V. John P. Cabanne. 1822, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60641