Vivia, a woman of color v. Martin Mitchel, Henry G. Mitchel, Henry C. R.

Item

Vivia, a Woman of Color V. Martin Mitchel, Henry G. Mitchel, Henry C. R. 1831, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60758

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Case Title: Vivia, a woman of color v. Martin Mitchel, Henry G. Mitchel, Henry C. R.
Series: Freedom Suits
Plaintiff: Vivia
Defendant: Mitchel, Martin; Mitchel, Henry G.; R., Henry C.
Date Filed: 1831-12-10
Filing Date: 1831-12-10
Plaintiff’s Attorney: Bird, Gustavus A.
Defendant’s Attorney: Foreman, Stephen W.
Court Name: St. Louis Circuit Court
Court Term: 1832-03
Clerk: Gamble, Archibald
Justice of the Peace: Ferguson, Peter
Sheriff: Walker, John
Cause of Action: Trespass
Case Notes: Plaintiff moved to Missouri and on to Illinois; claimed she had obtained her freedom in Illinois; became a servant in Missouri and was imprisoned by defendant; later brought suit against Henry Mitchell; plaintiff sought $500 damages.
Case Number: 19
Identifier: ccr1831.06750.008
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Vivia, a woman of color vs. Martin Mitchel, Henry G. Mitchel, Henry C. R.**

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**Page 1** (6750_001.jpg)
> *Legal Function: Petition*

To the Honorable William C. [illegible]
of the circuit court of the county of
St. Louis
Your petitioner Vivia humbly
[illegible] that she is a woman of color
that she was brought seven years since
to the state of Missouri by a man named
[illegible] and afterward then to the state
of Illinois where she obtained her
freedom and that for several years she
has said lived both in the state of Illinois
and in the state of Missouri as a free
person that since the year 1827 she
has been a servant of the city of St. Louis
where she now resides; not a man who
appears as the agent of our [illegible] [illegible]
[illegible] has had your petitioner committed to jail
as a runaway slave your petitioner
[illegible] prays that she may be permitted

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**Page 2** (6750_002.jpg)
to sue as a free person to establish her
right to freedom and that your honor
[illegible] the proper order to protect
her for removal for the [illegible] date
or of this court which the said [illegible] shall
be pending

*Vivia*
> *Legal Function: Notarization*

State of Missouri
County of Saint Louis
[illegible] Be it Remembered that on this Tenth day of December in
the Year Eighteen Hundred & thirty one before me P Ferguson a justice of the peace in
and for the county aforesaid appeared Vivia the above named petitioner who being duly
sworn on her oath saith that the statement by her made and set forth in the above
petition is true

*her
Vivia [illegible]
mark Sworn to and signed before me the 10th day of
December 1831. Peter Ferguson Justice of the peace county St. Louis*

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**Page 3** (6750_003.jpg)
> *Legal Function: Complaint*

In the St Louis Circuit
Court to march term 1832
St Louis county to wit Vivia a woman
of color who sues by permission of the
court complains of Martin Mitchell
of a plea of trespass. For that the same
Martin that she on the 10th day of
November in the year 1831 with force
and arms made an assault upon the
said Vivia to wit at the county of
St Louis and then and there beat
bruised and illtreated her the said
Vivia and then and there imprisoned
her the said Vivia and left and after
and for the said Vivia in prison there
without any reasonable or probable cause
whatsover[?] for a long time to wit for
the space of four hours then next following
[illegible] [illegible] to law and against the
will of the said Vivia And the said
Vivia avers that you and I the time

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**Page 4** (6750_004.jpg)
> *Legal Function: Complaint Part 2*

of writing the said grievances she was
and still is a free person and the aforementioned
but then held and still holds and detains
her in slavery
and other wrongs to the said Vivia
then and there did to the great damage
to the said Vivia and against
the [illegible] of the state wherefore she
the said Vivia says she is injured and
has sustained damage to the amount of
$ 500 and therefore she brings suit a

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

Vivia a woman
of color
vs
Martin Mitchell
This is an action
of trespass for freedom
[illegible] [illegible]

*Filed 20th December 1831 Archibald Gamble Clerk*

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**Page 5** (6750_005.jpg)
> *Legal Function: Summons*

County of Saint Louis ss
The State of Missouri
To the Sheriff of the County of Saint Louis Greeting
We command you to summon Martin Mitchell , that the
be and appear before the Judge of our Circuit Court at the
next March 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 next then and there to answer unto Vivia a woman
of Color who sues by the permission of the Court of a plea of trespass
wherefore the said Vivia says she is injured and has sustained
damage to the amount of five Hundred dollars and have you
then there this writ

*Witness Archibald Gamble Clerk of our
said Circuit Count at office this Twenty
third day of December One thousand eight
Hundred and thirty one Archibald Gamble Clerk Martin Mitchell not found in my county
[illegible] 50cts John & Walker Shff*

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**Page 6** (6750_006.jpg)
> *Legal Function: Caption*

No 19 Saint Louis Circuit Court
March Term 1832
Vivia
vs
Martin Mitchel

*Trespass Assault Battery and
False Imprisonment*

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**Page 7** (6750_007.jpg)
> *Legal Function: Complaint*

State of Missouri Circuit Court third Judical
Circuit March Term 1833
Saint Louis County Ss Vivia a woman of colour
by Bud her attorney complains of Henry C
[illegible] & Henry G Mitchel of a plea of
trespass assault & Battery for this that
heretofore to wit on the first day of July AD 1832 at St Louis aforesaid with
force & arms the said defendants did make did make
an assault upon the said Vivia & her
the said Vivia did then & there beat
& imprison without & reasonable & probable
cause whatsoever & did keep & detain her
in prison there for a long span of time
to wit for the space of Twenty four
hours there next ensuing & other [illegible]
then & there did against the peace &
dignity of said state & to the plantiff
Damage of five hundred dollars and
said plantiff avers that at and before the time of the committing of said
crimes she was & now is a free person
& that said defendants held & detained
& still hold & detain her in slavery therefore
she sues

*GA Bird attorney
for Plff*
> *Legal Function: Answer*

Henry C [illegible]
Henry G Mitchel
[illegible] [illegible]
Vivia a Woman of
colour
And said defendants
came & defend the wrong
& injury when he and [illegible]
they are not guilty in manner
& form as said plantiff
has above in his declaration
alleged & of this they put thousands
upon the country.
and plantiff doth
the like [illegible]

*J. W. Foreman
atty*

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**Page 8** (6750_008.jpg)
> *Legal Function: Certificate of Filing*

Declaration plea filed Book 6 pages 491
Sub & Judge 492
> *Legal Function: Caption*

No 19 March Term 1832
Vivia a woman of color
vs Henry C [illegible] &
Henry G Mitchel C
Declaration for
Freedom assault &
Battery [illegible] Damage
$ 500
appearance by
Defto & plea of
General issue
filed May 4th 1833

*A Gamble Clk*

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