Molly Rector v. John Bivens
Item
Molly Rector V. John Bivens. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60653
- Case Title
- Molly Rector v. John Bivens
- Series
- Freedom Suits
- Plaintiff
- Rector, Molly
- Defendant
- Bivens, John
- Date Filed
- 1827-09-14
- Next Friend
- Benoist, Louis A.
- Filing Date
- 1827-09-14
- Plaintiff’s Attorney
- Charless, Joseph Jr.
- Court Name
- St. Louis Circuit Court
- Court Term
- 1827-11
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Sheriff
- Simpson, Robert
- Cause of Action
- Trespass, assault and battery, false imprisonment
- Case Notes
- Rector allowed to sue as a poor person by her next friend Louis A. Benoist; had been promised freedom by previous owner who was deceased; plaintiff lived in Illinois for 4 or 5 years.
- Case Number
- 26
- Identifier
- ccr1823.05545.006
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Molly Rector vs. John Bivens**
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**Page 1** (5545_001.jpg)
> *Legal Function: Petition to Sue as a Poor Person*
To William C. Carr Esq. Judge of the St Louis Circuit
Court
The petition of Molly a free girl of colour
humbly shows to your honor, that she was born in the
state of Kentucky and held and claimed as a slave
in the family of John Thurston[?]. that upon the marriage
of Francis Thurston[?] to Colonel Elias Rector she said
Molly was transfered, to said Rector, who sometime in
year eighteen hundred and brought
your petitioner to Kaskaskia in the territory (now state)of Illinois
where she resided four or five years with said Rector,
who promised your petitioner her freedom and liberty if she
would consent to live with said Rector and serve him
faithfully as a slave for the space of four years.
that she was brought to St Louis some time afterwards and held as a slave
And your petitioner further shows that after remaining
three or four years in St Louis and in the possession of
said Rector she was again sent to Illinois and remained
therefore the space of about six months in the possession
of Joseph Barton the brother in law of said Rector, that
she returned some short time before the death of said Rector
and was sold by him to his brother Stephen , that at
the time your petitioner was sold to said Stephen , said
Elias Rector told said Stephen in the presence of your
petitioner that she your petitioner should be free
at the expiration of four years from the time of
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**Page 2** (5545_002.jpg)
said sale your petitioner and that more than four years
have lapsed since the said sale to said Stephen . That some
two or three years lapsed after this, when said Stephen removed
to the state of Illinois taking your Petitioner along with
him that after remaining in St Clair Co. Illinois with said
Stephen about a year she was brought to St Louis by Wharton
Rector and sold to John Bivens who now holds your
petitioner as a slave, Your petitioner therefore humbly prays
this honorable Court to be permitted to bring suit as a poor
person, for the recovery of her natural freedom and liberty and
that this honorable Court would assign her Counsel and make
such other and further orders in the [illegible] as may be
deemed consonant to law and Justice. And your petitioner
will ever pray & C.
*her Molly Rector
mark Test.
[illegible] [illegible] [illegible]
J.[illegible]*
> *Legal Function: Petition to Sue as a Poor Person Part 2*
State of Missouri
County of St Louis
Ss. Personally appeared before the subscriber
a Justice of the Peace within and for the County aforesaid the
aforenamed[?] Molly who being duly sworn on her oath saith
that the matters and facts stated in the foregoing petition are true
*her Molly Rector
mark sworn to then filed this 9th
August 1827 Before me J.C. [illegible]*
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**Page 3** (5545_003.jpg)
> *Legal Function: Order*
upon reading of the within petition it is ordered that
said petitioner be permitted to institute suit as a poor
person to establish her claim to freedom agreeably to the
statute in such cases made & [illegible] & Joseph
Charless Jr . is hereby assigned her as counsel to prosecute
her said claim And it is hereby further
ordered that said Molly have reasonable liberty
to attend her counsel & the court when necessary and that said Molly
shall not be taken or removed out of the jurisdiction [illegible]
of the Court nor she subject to any severty
because of her application for freedom
*Will C. Carr*
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**Page 4** (5545_004.jpg)
> *Legal Function: Petition to Sue as a Poor Person Part 3*
No 26 Nov Term 1827
Molly Rector
vs John
Bivens
Petition to be permitted to
sue as a poor person
*Filed 14th September 1827 A gamble clerk*
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**Page 5** (5545_005.jpg)
> *Legal Function: Plaintiff's Complaint*
State of Missouri
County of St Louis
Ss In the St St. Louis Circuit Court
November Term 1827.
Molly Rector a free woman of color who
is by the court permitted to sue by Louis A .Benoist[?]
her next friend, as a poor person by Joseph Charless Jr .
her counsel assigned by the Court, complains of John
Bivens of a plea of trespass. For that the said defendant heretofore [illegible] on the first day of July
in the year of our Lord one thousand eight hundred
and twenty seven, with force and arms at the city
of St Louis , unlawfully an assault did make
upon the body of said Molly , and then and
there did beat bruise and illtreat her said
Molly , and then and there imprisoned her said
Molly , and kept and detained her in prison
without any reasonable or probable cause whatsoever
against the will of said Molly , and has ever since
kept and detained her said Molly in prison
and still keep and detain her in prison against
her will, without any reasonable or probable cause
whatsoever, contrary to the laws of this state,
and the said defendant other wrong then and
there did to her said Molly against the peace
and dignity of the state. Wherefore the said
Molly says she is injured by the said defendant
and hath sustained damages to the amount of
five hundred dollars and therefore she sues & c
*Joseph Charless Jr .
Atty for Pltiff*
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**Page 6** (5545_006.jpg)
> *Legal Function: Order*
Upon reading of the within petition it is ordered that said petitioner be permitted to institute
suit as a poor person to establish her claim to freedom agreeably to the statute in such cases
made and provided & Joseph Charless Jr . is hereby assigned her as counsel to prosecute her said claim
And it is hereby futher ordered that said Molly have reasonable liberty to attend her Counsel and
the Court when necessary and that said Molly shall not be taken or removed out of the Jurisdiction
of the court not be subject to any severity because of her said application for freedom
*A true copy of the order A Gamble Clerk Will . C. Carr*
> *Legal Function: Certificate of Execution*
Executed this writ on John Bivens n the city of St Louis Sept 27
1827 by readng to him the same with the declaration & order of
the judge
*R Simpson Shff Server $ 1.00*
> *Legal Function: Summons*
It may be wise to state that the above named person declares his utter
ignorance of the matter of the writ & knowledge of the Plaintiffs
> *Legal Function: Caption*
No 26 St St. Louis Circuit Court
November Term 1827.
Molly Rector
vs
John Bivens
[illegible]
This is an action of trespass
assault &[?] Battery &
false imprisonment [illegible] damages $ 500 Let
a summons issue
*J. Charless Jr.
Atty for Ptff[?] Filed 14th September 1827 Archibald Gamble Clerk*
> *Legal Function: Summons*
The State of Missouri
County of St Louis Ss. To the Sheriff of St Louis County Greeting
We command you to summon John Bivens that he be and appear before the Judge
of our Circuit court at the next term thereof to be held at the City of St Louis within
and for the County of St Louis on the Fourth Monday of November next then & there
to answer unto Molly Rector & free woman of color who is permitted by the Court to sue by
Louis A Benoist[?] her next friend as a poor person of a plea of trespass to the Damage
of the said Molly of five hundred dollars and have you then there this writ-
*Witness Archibald Clerk of our said Court at office this
Fourteenth day of September 1827 Archibald Gamble Clerk*
Molly Rector V. John Bivens. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60653