Israel, a man of color v. William Rector, Isaac Luther

Item

Israel, a Man of Color V. William Rector, Isaac Luther. 1825, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60664

Full Text: See images and transcription side by side
Case Title: Israel, a man of color v. William Rector, Isaac Luther
Series: Freedom Suits
Plaintiff: Israel
Defendant: Rector, William; Luther, Isaac
Date Filed: 1825-12-03
Filing Date: 1825-12-03
Plaintiff’s Attorney: Strother, George French
Defendant’s Attorney: McGirk, Isaac C.
Court Name: St. Louis Circuit Court
Judge: Stuart, Alexander
Clerk: Gamble, Archibald
Sheriff: Walker, John K.
Sworn Declarant: Evans, Augustus H.; Milburn, William; Milligan, James; Areot, John; Allen, Ichabald; Hunter, John
Cause of Action: Freedom Suit
Case Notes: Isaac Letcher sued Rector after purchasing Israel, the plaintiff, at a sheriff's sale.
Identifier: ccr1825.04578.023
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Israel/Israil, a man of color vs. William Rector, Issac Luther**

---

**Page 1** (4578_001.jpg)
> *Legal Function: Petition for Leave to Sue*

To the Honourable Alexander Stewart Judge of the circuit
court in the third Judicial circuit for the state of
Missouri,
Your petitioner Isreal a slave, upon each to your
honor that he belongs to and is under the control
of William Rector who is a resident and citizen
of the state, and by whom authority and direction
he was removed to the state of Illinois where he
remained & [illegible] several months from term to term [illegible] eighteteen months at
the special direction and under the authority of the
said Rector, [illegible] his affairs and [illegible]
his plantation situated in the said state of Illinois
and your Petitioner further upon into that by his
frequent residence in the state aforesaid under the
direction and authority aforesaid, he became
entitled to his freedom under the laws of that
state, and your petitioner prays that if your
honor should be of opinion that this petition
contains sufficient matter to authorize the comment
of a suit by him the said Isreal for
his freedom, that you make an order that he
be permitted to sue as a poor person to establish
his freedom aforesaid, and assign him the said
petitioner counsel for that purpose.

*Isreal*

---

**Page 2** (4578_002.jpg)
> *Legal Function: Caption*

Petiton of Ireal
to sue for his Freedom

*filed Decr 3rd 1825
A. Gamble Clerk*

---

**Page 3** (4578_003.jpg)
> *Legal Function: Petition for Habeas Corpus against County Sheriff*

To the Honourable Alexander Stewart Judge of the
Circirt Court within and for the county of St Louis
The Petition of Isreal a man of color respectfully
upon to your honor that he has filed his petition and
and attained leave of your honor to commence
suit as a poor person for the purpose of obtaining
his freedom, he further [illegible] that he is in the custody
of John H. Walker the sheriff of this county & restrained
from experiencing that liberty which the laws of his country
[illegible] to him, that he is [illegible] and advertised for
sale to satisfy several Executions in the hands of the
said sheriff against a certain William Rector who
set up a pretended claim to your petitioner as his
slave, and that unless a special order is made by
your honour to have him [illegible] and from confinement
he will be [illegible] to be sold, and doomed to a
lasting and ignominious slavery contrary to right
justice and the law of the Land, and that your
honor may be better advised of the grievances
aforsaid and make such order therein as you
may think must and proper, your petitioner prays
that you cause his body to be brought into court
by a word of Harlem Copan[?] and death with accordingly

---

**Page 4** (4578_004.jpg)
Isreal his
mark.

*Sworn to & Signed in
open court Dec 14th
1825 A. Gamble Clerk*

---

**Page 5** (4578_005.jpg)
> *Legal Function: Caption*

Petition for
Habeas Corpus

*Israel Dec 14 1825*

---

**Page 6** (4578_006.jpg)
> *Legal Function: Summons of Augustus Evans and William Milburn*

County Of St. Louis , SCT.
State of Missouri , To The Sheriff Of St Louis County....Greeting:
You are hereby commanded to Summon
Augustus` H Evans for
William Matthew
that setting aside all manner of excuse and delay, the be and appear in proper person before the Judge of our
Circuit Court ,
on the 15th day of Decr at the
City 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 respond to Habeas
Corpus obtained by plaintiff Isreal a man of color
defendant, on the part of the and have you there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 14th day of Decr in the year of our Lord,
one thousand eight hundred and twenty five A Gamble Clerk, C. C.*

---

**Page 7** (4578_007.jpg)
> *Legal Function: Caption*

Subpoena
for
Augustus H Evans
M Moilburn[?].

*To testify upon
return of Habeas
Corpus obtained
by Isreal
15th Decr 1825*

---

**Page 8** (4578_008.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
County of St Louis
In the Circuit Court
March term 1826.
Isreal a free man of color held in slavery
who is permitted by the court to sue by Augustus H. Evans
his next friend as a poor person by his Attorney Shothen[?]
assigned as counsel by the court, complains of William
Rector of a plea of trespas[?]. For that the said William
heretofore towit, on the first day of october in the
year of our Lord eighteen hundred and twenty five
with force and arm at the county of St Louis aforesaid
am assault did make upon the body of the said
Isreal and then and there break, burned and illtreated[?]
him the said Isreal , and then and there imprisoned
him the said plaintiff, and kept and detained
him in prison against his will, and without any
reasonable as probable cause whatever, and has
even since kept and detained him in prison con
trary to the laws of this state. And the said Isreal
overs that before and at the time of the com meetting[?]
the grievance aforesaid he was and still is a free
person, and that the said Rector held and detained
him and still holds and detains in slavery. And
the said Rector other [illegible] then and there did
to the said plaintiff against the peace of the
state. Wherefore the said plaintiff says he
is injured and has sustained damages to the
am amount of eight hundred dollers, and therefore
he sues &c.

*T. Shothen[?]
pro. que.*

---

**Page 9** (4578_009.jpg)
> *Legal Function: Certificate of Execution*

The within named William Rector is not to be found in my County neither
has he a Place of abode in my County known to me at which I could have
a copy of this writ and Declaration

*March 11th 1826 John K. Walker Sheriff Mon Est \$0.50*
> *Legal Function: Caption*

No. 21 March term 1826
Israel a man of color
vs nar.
William Rector
This is an action of her trespass
Assault & Battery. false
imprisonment &[?] damages
\$800. The cleark will issue
a summons.
Shother.

*Filed February 14th 1826 A. Gamble Clerk*
> *Legal Function: Summons*

County of St Louis [illegible]
The State of Missouri To the Sheriff of said County
Greeting
We command you to Summon William Rector
that he be and appear before the Judge of Our Circuit
Court at the next Term thereof to be held at the
City of S Louis within and for the county fo St Louis
on the fourth Monday in March meet then and
there to answer unto Isreal a free man of color held
is slavery who is permitted by the court to sue by Au
gustus H Evans his real friend as a poor person of
a plea of trespas[?] to the damage of said plain
tiff of Eight hundred dollars. And have you then there
this writ

*Witness Archibald Gamble Clerk of
our said Court of office this 14th day
of February 1826. Archibald Gamble Clark*

---

**Page 10** (4578_010.jpg)
> *Legal Function: Answer of Issac Luther (impleaded defendant)*

Isaac A. Luther impladed[?]
with William Rector
ads
Israel , a man of color
[illegible] In the writ court, July
Term 1826.
And the said Isaac , who has
him made a party, & impliaded[?] with William Rector
by the said Israel , in his action, comes & defends this
wrong & injury when &I. and saith that he is in no
wise guilty of the said supposed several trespases in
the plantiffs declaration above alledged, and for plea
in this behalf, the said Luther saith, that he became
the purchaser of the said Israel , as a slave, at Sher
iffs sale, same term in the year Eighteen hundred &
twenty five, in the town of St. Louis , who was sold, by the
Sheriff of said county of St Louis , by virture of a writ
of Execution, against the William Rector, as the slave
of the said Rector; that in business of said sale, the
said Israel came into the posession[?] of said Luther
as the purchaser at said sale, of all the sight & [illegible]
which said [illegible] Rector have in aged to said Israel
that said Israel informed the whither that he was & is a
free man I now and at the time of the sale afore
said, by virtue his sentence, for a [illegible] of years in
the state of Illinois . And the said Luther saith, that
he hath taken some trouble to engrain into the nature
& legality of the claim of said Israel to his freedom
as set forth in his said declaration, and an full
[illegible], as aforesaid, the said Luther saith that him
cannot deny hat that the said Israel is a free
man [illegible] as he both in his said declaration
set forth; and whether he the said Luther is guiltty
of the trespases in said declaration mentioned, he
puts himself upon the county, &c.

*J. C. Mc Girk[?], Atto
for Dept*

---

**Page 11** (4578_011.jpg)
> *Legal Function: Caption*

G. A. Luther [illegible]
adg
Israel
Plea.

*Filed 25th July 1826 A Gamble Clerk Withdrawn*

---

**Page 12** (4578_012.jpg)
> *Legal Function: Plaintiff's Amended Complaint*

State of Missouri
County of St Louis
In the circuit court
July term 1826
Israel a free man of color held a slave
by who is permited by the court to [illegible]
by Augustus Evans his next friend as a poor
honor by his attorney judged as council by the
court Complains of Isaac. A Luther of a plea of
trespas[?]. For then the said Isaac. A Luther
to wit on the first day of may in the year
of our Lord 1826 with force and arms at
the county of St Louis preformed an assualt[?] [illegible] [illegible]
further body of the said Israel and then
and there hat; hurt and ill treated [illegible] him the
said Israel and then and there imprisoned
him the said Israel till and left & allowed
him in prison him imprisoned against his will and with
out any reasonable or probable cause whatever
[illegible] and has [illegible] Left him and blamed
him in prison contrary to the laws of this
state and the said Israel owns that you and
it then [illegible] of [illegible] of the grievances
[illegible] he was and still is a free person

---

**Page 13** (4578_013.jpg)
[illegible] [illegible]
[illegible]
> *Legal Function: Caption*

No. 21
St St. Louis Circuit Court
March Term 1826
Israel a man of
Color
vs
William Rector
& Isaac C. A. [illegible]
implecaded
Supplemental or
amended declaration

*filed July 26 1826 A Gamble Clk*
[illegible]

---

**Page 14** (4578_014.jpg)
> *Legal Function: Issac Luther's Plea and Answer to Amended Complaint*

Isaac A . Luther impleaded
with William Rector
ads
Israil , a man of Color
Ss In the Circuit Court
July Term 1826
And the said Isaac
A . Luther, who has been made party & impleaded[?] with
the said William Rector, by the said Israil, in his amend
ed dutoration, by his attorny,[?], comes and defends
they wrong & injury when &[?] and for plea to the
half south author of the said Israil, saith that
he is not guilty of the said several Trespasses, in
manner and form over alledged in said declara
tion, his cause he saith, that that an [illegible]
the Second day of February in the year Eight
teen hundred and twenty six in the said I
saac became the purchaser of the said Israil
as a slave, the property of the said William
Rector, at sheriff sale, in the county & city
of St Louis , which said Sheriffs sale was made
by the sheriff of said County, under & by virtue
of a writ of Execution, issued from the Clerks
office of the county Circuit Court of the
County of St Louis against, against the said
Rector, and thereby obtained & pur chased all the
right thither &[?] interest and Claim, which said
Rector had in & to said Israil as a slave
and that said Isaac took pocession[?] of the
said Israil, as a slave, in accordance to
the said sale, and has kept and detained
him the said Israil as his slave from
the time said sale was made up to the
present day; and the said Luther saith,
that since he the said Luther purchased
the said Israil , as aforesaid, the said Israil
informed him the said Luther that he the
said Israil is a free man, andis not[?]
a slave, according to the law of the land;
that the said Luther after, after a full enquir
y into the said Clain of said Israil to his
freedom, saith that he cannot deny but that
the said Israil is a free man, as he hath
in his said declaration alledged, but stays &
remains with the said Luther as a slave, of his
own accord & consent, without any constrant
or compulsion of him the said Luther,

---

**Page 15** (4578_015.jpg)
and whether he the said Luther is guitty of the
said several trespasses in said declaration, in
manner and form therein alledged [illegible]
, his puts himself upon
the country - &[?].

*J. C. McGirk Atto for Defendant*
> *Legal Function: Caption*

Isaar A. Luther
impo &[?]
ads
Israel , a man of colour
Plea to ammended[?]
declration
Not guilty
G. C. McGink[?]
atto for p; defr[?]

*Filed 27th July 1826 Arch Gamble Clark*

---

**Page 16** (4578_016.jpg)
> *Legal Function: Summons for James Milligan and John B. Areot*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon James Milligan John 13th Treat
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit
Court , on the for day of at the City of St. Louis , then and there to
tesify and the truth to say in a certain matter of controversy, now pending in our said court, wherein Isreal
is plaintiff, and Isaac A. Sioher[?]
impleaded 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
City of St. Louis , this 16th day of August
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk C. C.*

---

**Page 17** (4578_017.jpg)
> *Legal Function: Caption*

August Term 1826
July Term
Isreal
vs.
Isaac A Sioher[?] [illegible]
for
James Mulligan
& John 18th Ariat[?]
for
Plaintiff
> *Legal Function: Certificate of Execution*

Served this writ on John B . [illegible] on the 16th
Augt 1826.

*Ona Mather[?] Shiff[?]
By Omo McKnight sheriff[?] fees. 50 cts*

---

**Page 18** (4578_018.jpg)
> *Legal Function: Summons for Thomas Shruston*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Thomas Thruston
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit Court , on the forthinth day of at the City 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
Isreal is plaintiff, and Isaac
A Litches[?] impleaded[?] 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 City of St. Louis , this 22nd day of August
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk C. C.*

---

**Page 19** (4578_019.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Thos W. Thurston[?] Augt 23d 1826

*Ind Tsimonds Jr[?] D. Shff service \$0.50*
> *Legal Function: Caption*

July Term 1826
Israel
vs
Isaac A. Luther
for
Thomas Thruston
for Plaintiff

*22d August*

---

**Page 20** (4578_020.jpg)
> *Legal Function: Summons and Order for Sheriff to Detain Witness Part 4*

Israel a person of color
vs
Isaac A Luther
And the said Israel person
of color a [illegible] his were paid [illegible] to the
[illegible] Isreal of the said Isaac A Luther [illegible]
[illegible]
[illegible] [illegible] the county [illegible] the [illegible]
[illegible]

*[illegible]*

---

**Page 21** (4578_021.jpg)
> *Legal Function: Summons and Order for Sheriff to Detain Witness Part 5*

Israel [illegible]
vsLuther

---

**Page 22** (4578_022.jpg)
> *Legal Function: Summons for Ichabald Allen and John Hunter*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Schabud Allen John Hunter
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit Court , on the forthwith day of at the Court house at the City 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 Israel
is plaintiff, and
S. A. Setcher[?] impleaded 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 City of St. Louis , this 4th day of August
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk C. C.*

---

**Page 23** (4578_023.jpg)
> *Legal Function: Caption*

July Term 1896
Isreal
vs
J A Sioher[?]
for
&[?]
John abud AllenJohn Thruston[?]
for Plaintiff

*[illegible]*
> *Legal Function: Certificate of Execution*

Served this writ on [illegible] Allen on the
10th Augst Jonah Walker Shff
[illegible] Hunter not founds By

*D Shff fees [illegible]*

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