Jonathan and Gilbert, men of color v. Coleman Duncan, Edward Tract, and Charles Wahrendorff

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Jonathan and Gilbert, Men of Color V. Coleman Duncan, Edward Tract, and Charles Wahrendorff. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60745

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Case Title: Jonathan and Gilbert, men of color v. Coleman Duncan, Edward Tract, and Charles Wahrendorff
Series: Freedom Suits
Plaintiff: Jonathan; Gilbert
Defendant: Duncan, Coleman; Tracy, Edward; Wahrendorff, Charles
Date Filed: 1831-03-12; 1831-03
Filing Date: 1831-03-12; 1831-03
Plaintiff’s Attorney: Bird, Gustavus A.
Defendant’s Attorney: Spalding, Josiah
Court Name: St. Louis Circuit Court in Chancery
Judge: Carr, William C.
Clerk: Gamble, Archibald
Sheriff: Walker, John K.
Sworn Declarant: Keyte, James
Cause of Action: Suit for Freedom
Case Notes: Petition of Jonathan & Gilbert, brothers; Gilbert was a slave owned by Coleman Duncan; Jonathan claimed he had arranged to buy Gilbert from Duncan for $400; claimed Duncan would sell Gilbert in some "distant place" if Jonathan would not buy his brother; arranged for Jonathan to put down $100, would give Jonathan a bill of sale for Gilbert, Jonathan would emancipate Gilbert, and both brothers could pay the remaining $300 over a period of 30 months; petitioning because Gilbert was supposedly entitled to his freedom before the deal was made; requesting remaining bond for $300 held by defendants to be cancelled; included copy of bill of sale, deed of emancipation, and $300 bond; answer from defendants Tracy and Wahrendorff claiming Jonathan was aware of Gilbert's entitlement to freedom, but chose to purchase Gilbert to avoid costs and delay from a suit.
Case Number: 304
Identifier: ccr1831.06735.019
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Jonathan and Gilbert, men of color v. Coleman Duncan, Edward Tract, and Charles Wahrendorff**

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**Page 1** (6735_001.jpg)
> *Legal Function: Plaintiffs' Complaint*

State of Missouri Circuit Court Third Judicial Circuit St Louis
County March Term AD 1831 To the Honorable
William C Carr Judge of said
Court in Chancery Sitting
Your orators Jonathan & Gilbert
men of color represent unto your honor that heretofore
to wit on the 20th day of May in the year of our Lord
eighteen hundred & thirty at said county Coleman Duncan
whom your complainants pray may be made defendant
to this bill had seized & taken into his possession & there
held in his custody the said Gilbert who is the brother of
said Jonathan & the said Coleman then & there claimed
siad Gilbert as his slave for life offered to sell him
as such to said complainant Jonathan who is a free man of color & threatened that if said
Jonathan would not purchase said Gilbert to take
said Gilbert to some other place & sell him as a slave
The said Coleman proposed that said Jonathan
should give him in advance one hundred Dollars
& said Jonathan & said Gilbert should give him
there [illegible] obligation for three hundred Dollars more
payable by Installments \$100 payable Ten months
from the date last aforesaid and & \$100 payable Twenty
months from the date last aforesaid & \$100
payable Thirty months from the said 25th day
May AD 1830 and it was further [illegible] suggested
[illegible] that by the time these installments became
due said Gilbert could earn the money aforesaid
\$400 by his laboring & it was preposed that if said
Gilbert should die at any time before the end of
the Thirty months aforesaid that the said Jonathan
& Gilbert should only pay said [illegible] a porportionable
part of said sum of Three hundred Dollas, and it
was suggested that as Gilbert desired to be a free man
said Coleman should convey said Gilbert to said Jonathan
as a slave by bill of Sale That said Jonathan
should give said Gilbert a bond of Emancipation

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**Page 2** (6735_002.jpg)
and that said complaints should give them same
obligation to said Coleman for the Three hundred Dollars
payable by Installments as aforesaid your complainants
say that said Jonathan acting under the belief that
the representation made by said Coleman that said
Gilbert was his slave was true & said Gilbert acting under
[illegible] of false imprisonment they [illegible] to the preparation
& acted upon the suggestions of said Coleman and said
Jonathan accordingly advanced \$100 to him said Coleman
then gave said Jonathan a bill of sale for said
Gilbert , said Jonathan there signed & sealed in
presence of witnesses a bond of Emancipation for [illegible]
said Gilbert which bond of Emancipation it was
suggested said Jonathan should keep the said
sum of \$400 should be paid by said Gilbert so
that said Jonathan should be secured for the
many [illegible] & which he should [illegible] security for an
amount of said Gilbert which Bill of Sale and
bond of Emancipation are [illegible] the first marked A No 1 & the Second B No 2. and the
complainants make them a part of this bill.
said complainants say they their expected & believed
to said Coleman there same obligation of for three
hundred Dollars payable by Instalments according
to the proposition of said Coleman as before stated
and said complainants say that said sum of
\$100 was advanced & said bond for \$300 was
given for the purpose of affecting the the Emancipation
of said Gilbert from Slavery & no other consideration
and said complainants alledge[?] that when said
Bond was expected & long before that said Gilbert
had became entitled to his freedom & said Coleman well knew it but then & for a Long time [illegible]

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**Page 3** (6735_003.jpg)
held saidGilbert [illegible] in slavery & false imprisonment
said complainants further say that said Bond for \$300 as they are informed & believe is now held by Edward Tracy &
Charles Wahrendorff
of St Louis & that they are interested in it.
Said complainants further alledge that said
Coleman Duncan is not a resident of the state of
Missouri & that he is insolent & that if said bond should be paid
your complainants could have no adequate remedy against him, your complainants pray that said
[illegible] & [illegible] may also be made defendants
your complainants for the reasons aforesaid pray
that a subpoena may issued requiring the Defendants
to appear [illegible] and answer this bill that they may be compelled to answer an [illegible] all
the allegations of this bill so far as such answers will notthem, that they may be compelled to produce in court the said bond for
\$300 - that they may be
at Law on said bond untill they shall have answered this bill to and finally that by the [illegible]
of this Court said bond may be delivered & cancelled and finally the complainants pray for
such further & other relief as shall to
this Honorable court & they will pray [illegible]

*G A Bird Solicitor for complainants*

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**Page 4** (6735_004.jpg)
> *Legal Function: Caption*

No304
St St. Louis Circuit Court
March Term 1831
Jonathan & Gilbert freemen of color
[illegible] vs
Coleman Duncan Edward Tracy & Charles Wahrendorff

*Original bill in Changery[?] The clerk of St Louis Circuit will pleaseIssue a subpoena[?]
G A Bird Solicitor for
complts Filed 12th March 1831
Archibald Gamble Clerk*

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**Page 5** (6735_005.jpg)
> *Legal Function: Manumission of Gilbert*

Copy of [illegible] B [illegible]
Know all men by these presents that I Jonathan
a free black man of St Louis Missouri for & in consideration of good causes me
hereunto moving do hereby emancipate discharge & free from slavery a certain Negro Man aged about Twenty five years named Gilbert being the same
person this day conveyed to mt by Coleman Duncan by bill of Sale_ hereby relinquishing all my to him & discharging him
from all claim or
of I have hereto set my hand & seal this Twenty fifth day of May
in the year of our Lord one thousand
eight hundred & thirty [illegible]

*Jonathan Duncan x [illegible] his mark Signed Sealed & Delivered after having been read to Jonathan in our presence J Spalding[?] James Keyte[?]*

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**Page 6** (6735_006.jpg)
> *Legal Function: Plaintiffs' Complaint*

State of Missouri. Judicial Circuit
St Louis County March Term AD 1831
To the Honorable William C. Carr Judge
of said Court in Cancery Sitting[?]
Your orators Jonathan & Gilbert men of color
represent unto your honor that heretofore to wit
on the[illegible] 25th day of may in the year of
our Lord eightheen hundred & thirty at[illegible] said county Coleman Duncan whom your complainants pray
may be made Defendant to this bill had seized & taken into his possession & then held in his custody
the said Gilbert who is the brother of said Jonathan
and the said [illegible] then [illegible] there [illegible] said
Coelman then & there claimed said Gilbert[?] as his slave for life offered to sell him
as such to said Jonathan who is a free man of
color and threatened that if said Jonathan not purchase said Gilbert to take said Gilbert to some other place & sell him as a slave That said Coleman preposed that said Jonathan
should give him one hundred Dollars
and said Jonathan & said Gilbert should give
him this same obligation for three hundred Dollars
made payable payable by [illegible] \$100 payable
ten months from the date last aforesaid \$100
payable twenty months from the date last
aforesaid &[?] \$100 payable in thirty months
from thedate last aforesaid said 25th day of
of may AD 1830 - and it was further suggested that by the time these installments became due
said Gilbert could earn the money aforesaid \$400 by his labor and it was proposed that if said
Gilbert should die at any time before the end
of the Thrity months aforesaid[?] that the said Jonathan & Gilbert should only pay said Cole man a proportionable part of said sum of
Three hundred Dollars -

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**Page 7** (6735_007.jpg)
and it was Suggested that as Said Gilbert desired to
become a free man Said Coleman should
convey said Gilbert to said Jonathan as a slave
by bill of sale that said Jonathan should
give said Gilbert a Deed of Emancipation and
that said complainants should give these same obligations to said Coleman for the Three hundred Dollars payble by intallments[?] as aforesaid Your complainants say that the said Jonathan actingunder the belief[?] that the representation made by
said Coleman that said Gilbert was his slave was true and the said Gilbert acting under duress of false imprisonment they agreed to the
propositions & acted upon the suggestions of said
Coleman and said Jonathan accordingly- advanced one hundred Dollars to him said
Coleman said Jonathan then gave said Jonathan a bill of sale for said Gilbert Said Jonathan then Signed & Sealed in presence
of witnesses a Deed of emancipation for said Gilbert which of emancipation it wassuggested said Jonathan should untill the said sum of \$400[?] should be paid by
said Gilbert so that said Jonathan should be secured for the money advanced & which he
should security for on account of saidgilbert which Bill of Sale & Deed of emancipation[?] the first marked A No 1 and the
second B No 2 and the complainants make them a part of this Bill. Said Complainants
say they there executed & delivered to said
Coleman obligation for three hundred Dollars payable by instalments according to the
proposition of said Coleman as before stated and said Complainants say that sum of \$100 was advanced and said bond for \$300

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**Page 8** (6735_008.jpg)
was given for the purpose of effecting the
emancipation of said Gilbert from slavery & no other consideration and said complain
-ants alledge that when said bond was executedand long before that said Gilbert had become entitled[?] to his freedom but there & for a longtime previous held said Gilbert in Slavery & falseimprisonment. Siad complainants furthersay that said Bond for \$300[?] is now held byEdward Lay & Charles Wahrendorff of St Louis & that they are interested in it. Said Complainants further alledge that said Coleman Duncan is not a resident of the[?]
State of Missouri & that he is & that
if said Bond should be paid your complain-
ants would have no adequate remedy against him. Your complainants pray that said Lay & [illegible] may also be made Defendants Your complainants for the reasons aforesaidpray- that a subpoena may issue requiring the Defendants[?] to appear & answer this bill that they may be compelled to answer onoath all the allegations of this bill so far assuch answer will not criminate them[?] that they may
be compelled to produce in court said bond for \$300 that they maybe from proceeding at Law on said Bond untill[?] they shall have answered
this bill to_ and finally that by the the Decree
of this Court said Bond may be deliveredup & cancelled[?] and finally the complaints pray for such futher & other relief as shall seem[?] meet to this honorable court and they
will pray &c

*G A Bird Solicitor*

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**Page 9** (6735_009.jpg)
> *Legal Function: Manumission of Gilbert*

Copy of A No 1
Know all by those presents that I Coleman Duncan of Hopkins County in
Kentucky for and
in consideration of four hundred Dollars to
me in hand paid by Jonathan Duncan afree black man of St Louis in
Missouri[?] have
granted bargained sold and conveyed and by
these presents do grant bargain sell and convey unto
said Jonathan Duncan a certain Negro manslave aged about Twenty five years named Gilbert being[?] the same slave conveyed to me James by Bill of Sale dated second day of April in the year of our our Lord one thousand eight hundred & Twenty six-to have & to hold said Negro man slave named
Gilbert unto him said Jonathan his administrators & assigns and I do hereby that I & my representations shall forever warrant & defend said slave& the title thereto unto the said
Jonathan his executors administrators and
assigns against all presons claiming him[?] as a slave

*In testimony whereof I have hereunto set
my hand & seal this Twently fifth day of May[?] [illegible] in the year of our Lord one thousand
eight hundred & thirty Coleman Duncan Signed Sealed & Delivered in presence of J Spalding[?]*

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**Page 10** (6735_010.jpg)
> *Legal Function: Subpoena of Coleman Duncan, Edward Tracy, and Charles Wahrendorff*

Sitting as Court of Chancery) at the next term thereof to be held at the City
of St Louis within and for the County of Saint Louis on
the Fourth Monday of March instant then and there to answer
to a bill of complaint exhibited against them by Jonathan
and Gilbert free men of Color and have you then there this writ.

*Witness
Archibald Gamble Clerk of our
said
Circuit Court at office this twelfth
day of March Eighteen hundred and thirty
one Archibald Gamble Clerk*
> *Legal Function: Acknowledgement*

I acknowledge service for

*E Tracy*

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**Page 11** (6735_011.jpg)
> *Legal Function: Caption*

No304
St St. Louis Circuit Court
March Term 1831
Jonathan & Gilbert vs Coleman Duncan , Edward Tracy & Charles Wahrendorff
[illegible]

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

Executed this writ on Edward Tracy by off
-ering to[?] him the copy of bill furnished
by the Clerk, and reading this writ to
him, & on Chas. Wahrindorff[?] by his (said Tracy's) acknowledging service, [illegible] for
him, Coleman Duncan not found
in my county

*March 1831
John K. Walker Sheriff*
|   |   |
|---|---|
| 2 Service | \$2 |
| 2 [illegible] | .50 |
| | $ 2.50 |

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**Page 12** (6735_012.jpg)
> *Legal Function: Joint Answer to Bill of Complaint*

St St. Louis Circuit Court
March Term 1831
Edward Tracy
Charles Wahrendorff &
[illegible]
Jonathan & Gilbert [illegible]
[illegible] of [illegible] to the [illegible] of
[illegible]
The said defendants Charles Wahrendorff & Edward Tracy, & reserving to themselves all and all
manner of benefit of exception to said Bill of Complaint for
the manifold errors, & insufficiences thereincontained[?] for answer thereunto or to so much thereof or
they are advised, is material, answer and they say that
in the spring of the year 1830 Jonathan one of the
complainants, came to the defendant Wahrendorff & stated that his (Jonathan's brother
Gilbert , the slave
of Coleman Duncan was then is your & could get
free by paying & saving the sum of four hun-dred dollars, and asked said Wahrendorff's advicerespecting[?] the manner in which it should be done:
he then stated further that said coleman wishedhim ( Jonathan )[?] to become bound for the money
in which case he would give sufficient length of credit to enable Gilbert to earn the money
& that the sum of four houndred dollars was re[?]-
quired[?] to be paid down. The defendant Wahren-dorff advised Jonathan not to[?] become bound unless Coleman Duncan would agree to make
a notable deduction from the amount of the
purchase money, in case
Gilbert should die
or become permanently unable to work within
the period allowed by the contract. Jonathan

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**Page 13** (6735_013.jpg)
[illegible] to the suggestion of said
Wahrendorff &
& asked him to accompany him -said Jonathan to
the office of J. Spalding[?] in order to conclude the
arrangement with Coleman Duncan . The defendants further say that immediately thereafter
said Wahrendorff did accompany Jonathan to
the office of said Spalding[?] where the arrange-
ment was was concluded: and an instrument made
seal of Jonathan & Gilbert to Coleman Duncan
for three hundred dollars was executed [illegible] (a copy of
which marked A. No. 1. is hereto annexed as part of
this [illegible] and immediately thereafter said Cole-man &
Jonathan accompanied the defendant Wah-rendorff[?] to his stone, where he said defendant advanced at Jonathan's request, one hundred
dollor to said Coleman , it being the sum
that was by the agreement to be paid down
in cash and that in all this transaction the
defendant Wahrendorff was [illegible] in no [illegible] no win interest-
ed, but acted merely as the friend of Jonathan
& at his request, & from the same motives & no other, then lent him said hundred dollars.
The defendants further say that the said Jonathan
informed said Wahrendorff during the aforesaid trans[?]-
actions that said Gilbert & Coleman had got into a
dispute that Coleman wished to take him out of
the country & that Gilbert intended to sue for free-
dom, but that as he Jonathan knew that Gil-bert belonged to Coleman, it would be best to
settle the matter amicably, & that it would be best to make the said arrangement; and that it was right that Gilbert should pay for himself
said defendents further say that afterwards wait

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**Page 14** (6735_014.jpg)
on the twenty eighth of June in the same year
James Duncan the brother of Coleman, called on
saidWahrendorff & borrowed on the the faith of said
instrument a sum of money & pledged the said
instrument or bond of Jonathan & Gilbert for the
repayment [illegible] of the same & that there is now due
from said Duncan to these defendants for which said bond is
pledged, the sum of one hundred dollars: and that said defendants have been notified that the balance
due on said Bond, has been transferred to James S. Thomas and these defendants charge that there
was no [illegible] nor fraud in said transactions, alledging that they were not [illegible] of any that the
purchase of Gilbert's freedom was in their belief
the result of a [illegible] a dispute between the master and
his have, which was compromised fairly at what
they understand to be an underprice for the slave
the saidGilbert & Jonathan his brother choosing rath-er to pay the sum of four hundred dollars, than
to abide the result, & pay the expenses, of a tedious suit: and to that purport, the said Jonathan expressed himself to the defendant Wahrendorff .
The defendants further say that within a week
after said bond was put into the defendant's
hands to secure said hundred dollars, said Jona-[?]
than was notified of such fact & transfer at
which time be made no objection to paying the
same. The defendants further [illegible] say that said Tracy during all said transactions was absent from
St. Louis & knows nothing except from hearsay
& so makes the above statements. And they suppose that
the instruments copies of which are made exhibits in the Bill
of complaint were executed & that said copies are correct
but do not know & therefore do not admit it They

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**Page 15** (6735_015.jpg)
believe said
Coleman is not a resident of Missouri , but
do not know whether he is insolvent or not but be-
lieve & [illegible] charge the the fact so to be that he is not in-
solvent. Nor do these defendants know whether said Gilbert could have obtained his freedom from said Cole-
man by suit, but believe & charge that both Jona[?]-
than & Gilbert were doubtful of the event, & chose rather than try the experiment of a suit & pay the
expense & submit to the delay, to compromise the claim to freedom in the manner aforesaid: and then de--
fendants deny[?] any participation in the transactionsdetailed[?] in said Bill of Complaint other than as
above stated: without that that there is any other
matter or thing material or necessary for this defendant
to make answer unto and not herein and hereby will and sufficiently answered unto, confessed or avoided traversed or denied, is true,, all which matters and things these defendants Tracy & Wahrendorff are ready to aver
and prove as this honorable Court shall direct and
award & humbly prays to be hence with their
reasonable costs & changes in their behalf most wrongfully sustained

*J Spalding[?]
[illegible] for Tracy &
Wahrendorff*
> *Legal Function: Jurat*

State of
Missouri
County of St Louis ss
Edward Tracy &
Charles Wah[?]-
rendorff[?] being severally duly sworn on their oaths respectively say that the matters & things in above answer stated as of their own knowledge are true &
those stated as matters of [illegible] or belief they be-
live
to be true

*Edwd. Tracy[?]
Chas Wahrendorff Sworn to & Subscribed to the*

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**Page 16** (6735_016.jpg)
> *Legal Function: Contract*

[illegible] A.No. 1. (copy)
Ten months after date we promise
to pay to Coleman Duncan or order the sum
of one hundred dollars: & twenty months after date we promise to pay said Coleman the fur-
ther sum of one hundred dollars & thirty months
after date we promise to pay said Coleman the
further sum of one hundred dollars. The two last mentioned serves to bear interest from the
date hereofat the rate of six per cent per an-
num[?] for value received. This obligation however subject to the following condition. That whereas
this instrument is for the benefit of the under-
signed
Gilbert whose labor it is hoped will meet
there payments now if said Gilbert shall die or become from sickness or accident permanentlyunable[?] to work, at any time within thirty months
from this date then only the notable proportion
of the above sum shall be paid, Witness our hands and seals this 25th. May 1830

*Signed sealed & delivered in
presence of (after its being read to Jonathan (after its being read Gilbert J Spalding[?]*

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**Page 17** (6735_017.jpg)
No
Tracy & Wahrendorff & Coleman Duncan
Jonathan & Gilbert
Answer of Tracy & Wahrendorff

*J Spalding for T & W[?] filedApril 6th 1831 A Gamble Clk*

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**Page 18** (6735_018.jpg)
> *Legal Function: Summons of Coleman Duncan*

County of St Louis ss
The State of Missouri To the Sheriff of S Louis County Greeting
We command you as we heretofore commanded
you to summon Coleman Duncan that he be and
appear before the Judge of our Circuit Court sitting
as a Court of Chancery at the next term thereof to
be held at the City of S Louis within and for the
County of S Louis on the fourth monday of July
next then and there to answer the bill of Complaint
of Jonathan and Gilbert , free men of color And
have you then there this writ

*Witness Archibald Gamble Clerk
of our said court at office
this 21st day of April 1831 Archibald Gamble Clk*

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**Page 19** (6735_019.jpg)
> *Legal Function: Certificate of Execution*

Coleman Duncan not found in my
County

*John [illegible] Shff*
> *Legal Function: Caption*

July Term 1831
Jonathan Gilbert
vs
Coleman Duncan
[illegible] Alias-

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