Matilda, a woman of color v. Elijah Mitchel
Item
Matilda, a Woman of Color V. Elijah Mitchel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60767
- Case Title
- Matilda, a woman of color v. Elijah Mitchel
- Series
- Freedom Suits
- Plaintiff
- Matilda
- Defendant
- Mitchel, Elijah
- Date Filed
- 1832-05-23
- Filing Date
- 1832-05-23
- Plaintiff’s Attorney
- Strother, George French
- Court Name
- St. Louis Circuit Court
- Court Term
- 1832-07
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Cause of Action
- Assault and Battery
- False Imprisonment
- Case Notes
- Plaintiff, who had lived in Illinois, claimed she obtained her freedom 13 years earlier.
- Case Number
- 47
- Related Court Case Number
- 48
- Related Project ID
- ccr1832.06753.004
- ccr1832.06755.009
- ccr1832.06760.010
- Identifier
- ccr1832.06752.006
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Matilda, a woman of color vs. Elijah Mitchel**
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**Page 1** (6752_001.jpg)
> *Legal Function: Petition for Permission to Sue*
To the honorable[?] William C. Carr judge[?] of the[?]
circuit court of St. Louis County
Your petitioner ^ a free woman of color ^ Matilda represents
to your honor, that about thirteen years since
she obtained her right to freedom by a judgement
of this court in the Missouri territory
that from that time to this she has resided
in the state of Illinois and [admited?] to be
and was deemed a free woman, that on this
day the 22 day of May in the year 1832 s
he was taken by force ^ from ^ the said state of
Illinois and is now held by force and claimed
as a slave ^ in the county of St. Louis ^ by one Elijah Mitchell and
others his confederates. Your petitioner therefore
prays that she may be permitted to sue
in forma pauperis to establish her right
to freedom, and she will ever pray &c
and your petitioner further states that the
above Elijah and others are now detaining[?]
her on the bank of the Mississippi for
the purpose of conveying her out of the
jurisdiction of this court by force
*Matilda*
---
**Page 2** (6752_002.jpg)
The within named petitioner is allowed to sue
for the purpose of establishing her right to freedom.
The clerk of the Circuit Court for
St Louis will issue a writ agreeably to the
statute in such cases made & provided
& it is hereby ordered that said Matilda
have reasonable liberty of attending her
counsel ~~where~~ and the Court whenever occasion
may require - that she be not subjected
to any severity on account of her application
for freedom nor be removed out
of the jurisdiction of the court.
Given under my hand at my
chambers, this 22 May 1832
*Will C. Carr*
Judge 3 Circuit
> *Legal Function: Caption*
No 46
July Term 1832
Petition for [permission?]
to sue
Matilda
vs
Elijah Mitchel
---
**Page 3** (6752_003.jpg)
> *Legal Function: Complaint*
~~Jefferson~~ St Louis circuit court July
Term 1832
-~~Jefferson~~ ~~St Louis~~ county to wit Matilda a
woman of color who sues by permission
of the court complains of Elijah Mitchel
of a plea of trespass for that the said
Elijah Mitchel on the 22nd day of
May in the year 1832 made an assault
upon the said Matilda to wit at the
county of st Louis and then and there
beat bruised and ill treated the said
Matilda and then and there imprisoned
the said Matilda and kept and detained
her in prison there without any probable
or reasonable cause whatsoever for a long
space of time to wit for the space of 12
[ years? ] and following contrary to law and
---
**Page 4** (6752_004.jpg)
against the will of the said Matilda
and the said Matilda avers that before
and at the time of the committing of the
above grievances she was and still is a
free person and that the defendant then
[held?] ^ and detained her ^ in slavery and still holds her in
~~slavery~~ and detains her in slavery
and other wrongs to the said Matilda.
Then and there did against the
peace of the state and to the damages
of this plaintiff $500 and therefore she
brings suit.
*Strother p.q.*
> *Legal Function: Summons*
Count of Saint Louis, ss
The State of Missouri
To the Sheriff of the county of Saint Louis, Greetings,
We command you to Summon Elijah Mitchell that he be and
appear before the Judge of our Circuit Court on the first day of the
next July term thereof to be held at the city of St Louis within and
for the County of Saint Louis on the fourth monday of July.
[seal]
---
**Page 5** (6752_005.jpg)
> *Legal Function: Summons*
next then and there to answer unto Matilda a woman of Color who
sues by permission of the court of a plea of trespass to the damage of the
plaintiff five hundred dollars and have you then there this writ
Witness Archibald Gamble Clerk of our said
Circuit Court at Office this Twenty third day
of May in the Year of Our Lord One thousand
Eight Hundred and thirty two
*Archibald Gamble Clerk*
> *Legal Function: Order*
The within named petitioner is allowed to sue for the purpose of establishing her
right to freedom. The Clerk of the Circuit Court for St. Louis will issue a writ
agreeably to the statute in such cases made & provided & it is hereby ordered
that said Matilda have reasonable liberty of attending her counsel & the court
whenever occasion may require that she be not subjected to any severity on
account of her application for freedom nor be removed out of the jurisdiction
of the court - Given under my hand at my chamber this 22 May 1832
Will C. Carr Judge 3. Circuit
A True copy of the order of the judge
A Gamble Clerk
---
**Page 6** (6752_006.jpg)
> *Legal Function: Caption*
No ~~43~~ ~~46~~ 47
Jefferson ~~Saint Louis~~ Circuit Court
July Term 1832
Matilda a woman of color
vs
Elijah Mitchel
This is an action of
assault and battery &
false imprisonment
His clerk will [issue?]
permission?]
*G. F. Strother p.q.*
Filed 23. May 1832
*Archibald Gamble Clerk*
~~File May 26th 1832~~
~~C. Smith Clerk~~
Matilda, a Woman of Color V. Elijah Mitchel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60767