Anson and Michael, persons of color, by and through their next friend, William Clark v. Elijah Mitchel

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Anson and Michael, Persons of Color, by and through Their Next Friend, William Clark V. Elijah Mitchel. 1832, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60770

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Case Title: Anson and Michael, persons of color, by and through their next friend, William Clark v. Elijah Mitchel
Series: Freedom Suits
Plaintiff: Anson; Michael
Defendant: Mitchel, Elijah
Date Filed: 1832-05-23
Next Friend: Clark, William
Filing Date: 1832-05-23
Court Name: St. Louis Circuit Court
Court Term: 1832-07
Judge: Carr, William C.
Clerk: Gamble, Archibald; Smith, Chaucery
Sheriff: Hammond, George
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Plaintiff filed plea of trespass against defendant by next friend William Clark; judge's orders mentioned petition from brother Michael's suit.
Case Number: 47; 48
Related Project ID: ccr1832.06752.006; ccr1832.06753.004; ccr1832.06760.010
Identifier: ccr1832.06755.009
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Anson and Michael, persons of color, by and through their next friend, William Clark v. Elijah Mitchel**

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**Page 1** (6755_001.jpg)
> *Legal Function: Petition to Establish Freedom*

To the Honorable the William C. Carr
judge of the Circuit Court of St Louis
County
Your petitioners Anson and
Michael persons of color by their
next friend William Clerk assert
that their mother Matilda is a free
woman so adjuged[?] by the courts of
Missouri under the [illegible] government
[illegible] that about 13 years since after
her right to freedom was established she
went to reside in the state of Illinois
that your petitioners were free after
the said Matilda became free and
have entrusted to used from the
[illegible] in the state of Illinois with
their mother free and
at liberty until this day where they
were claimed as slaves by your Elijah
Mitchel and others and [illegible] then
from the said state of Illinois and brought
to this county of St Louis where thus
our now detained as slaves by this
Elijah Mitchel and Ansel[?]

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**Page 2** (6755_002.jpg)
who [illegible] about to [illegible] [illegible] by [illegible]
[illegible] the [illegible] of this [illegible]
and state you petitioners pray
that they may be [illegible] used to [illegible]
to establish their right to freedom
and that your honor may issue a wit habeas
corpus to [illegible] [illegible] [illegible]
from their [illegible] said jurisdiction
and they well [illegible] [illegible]

*Anson
&
Michael by
William Clark their
next friend May [illegible] [illegible]*
> *Legal Function: Order*

The above petitioners are allowed to institute a suit
on the foregoing petition to establish their right to
freedom & the clerk of the Circuit Court for St Louis
county is hereby directed to issue a writ according
to the statute in such case made & provided - It is
also ordered that the said petitioners be not subject
to any severity on account of their application
for freedom, that they have reasonable liberty
of attending then counsel & the court whenever occasion may [illegible] and that they be not removed
out of the jurisdiction of the Court.
Given under my hand as Judge of the
third Judicial Circuit state of Missouri
at chambers this 23 May 1832.

*Will . C. Carr*

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**Page 3** (6755_003.jpg)
> *Legal Function: Caption*

St Louis Circuit court July Term
1832
St Louis County to wit [illegible] [illegible] [illegible] complains
of a plea of trespass
> *Legal Function: Caption, part 2*

No 47 & 48
Anson and
Michaels[?] petition
to sue to establish
freedom

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**Page 4** (6755_004.jpg)
> *Legal Function: Arrest Warrant*

By the Habeas Corpus act
The State of Missouri To George Hammond Esq Greeting
you are hereby commanded that the body of Michael
a person of colour who has been permitted to sue for his
freedom in your custody (as is said) detained under
safe and secure conduct, together with the day
and cause of his [illegible] & detainer by whatsover
name he may be called you have before
the Circuit Court for St Louis County
on the 30th day of May - 1832 at the court
house - in the county of St Louis
then & there to do submit to and receive what
soever shall be concluded in that behalf

*Witness William C Carr Judge
of the 3rd Judicial Circuit of the
state of Missouri - This 25th may
1832 Will C Carr*

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**Page 5** (6755_005.jpg)
> *Legal Function: Certificate of Execution of Arrest Warrant*

I have the body of the within named Michael before
said Court as thither commanded he was on the
26th [illegible] taken out of the possession of Henry G
Mitchel &[?] H G Russel on a warrant for kidnapping
against whom a warrant had issued for kidnapping
the said Mitchel was arrested by the name of
Martin Mitchel & the said Michael was kept &[?]
has ben detained in the jail of Jefferson County
for safe keeping & for no other cause May 30th 1832

*[illegible] [illegible]*
> *Legal Function: Certificate of Execution of Arrest Warrant, part 2*

Michael
"By the Habeas Corpus
"act

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**Page 6** (6755_006.jpg)
> *Legal Function: Complaint*

Circuit court July Term 1832
St Louis County to wit: Michael an infant
a boy of color who sues by permission of
the court complains of Elijah Mitchel
of a plea of trespass for that the same
Elijah Mitchel on the twenty second
day of May in the year 1832 with
force and arms made an assault upon
the said Michael to wit at the
county of St Louis and then and there
bound beat and ill treated the said
Michael and then and there imprisoned
the said Michael and left and detained
him in prison there without any reasonable
or probable cause whatsoever for a
long space of time to wit for the space
of 12 hours then next following contrary
to law and against the will of the said
Michael and the said Michael avers
that at the time and before the committing
the said grievances he was and still
is a free person and that the defendant there
held and obtained him in slavery and still
holds and detains him in slavery and other

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**Page 7** (6755_007.jpg)
> *Legal Function: Complaint, part 2*

wrongs to the said plantiff then &
there did against the law of the state
and to the damage of the said plantiff
five hundred dollars and therefore he
brings suit

*[illegible] p. q.*
> *Legal Function: Writ and Summons for Defendant to Appear*

County of St. Louis ss
The State of Missouri To the Sheriff of the County of Saint Louis Greeting
We command you to summon Elijah Mitchel that he be and
appear before the Judge of our Circuit Court at 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 next then and
there to answer unto Michael an infant boy of color who sues
by permission of the court of a plea of trespass to the damage of
the said 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: Affidavit*

To the Honorable William C Carr Judge of the Circuit Court of St. Louis County your petitioners Anson and Michael persons of color by their next friend William Clark represent that their mother Matilda is a free woman so adjudged by the courts of Missouri under the territorial government, that about 13 years since after her right to freedom was established she went to reside in the state of Illinois that your petitioners were born after the said Matilda became face and have continued to reside from thenceforth in the state of Illinois with their mother free and at liberty until this day when they were claimed as slaves by one Elijah Mitchel and others and forcibly taken from the said state of Illinois and brought to the County of St. Louis where they are now detained as slaves by the Elijah Mitchel and Russel

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**Page 8** (6755_008.jpg)
> *Legal Function: Order Permitting Plaintiffs to Institute Suit*

Copy of the order of the Judge permitting plaintiff to institute suit
The above petitioners are allowed to institute suit on the foregoing petition
to establish their right to freedom & the Clerk of the Circuit Court for St. Louis
County is hereby directed to issue a writ according to the Statute in such
case made & provided - It is also ordered that the said petitioners be not
subject to any severity on account of their application for freedom & that
they have reasonable liberty of attending their counsel & the court whenever
occasion may require and that they be not removed out of the Jurisdiction
of the Court. Given under my hand as Judge of the third Judicial Circuit
State of Missouri at Chambers this 23. May 1832

*Will C. Carr a true copy of the order A. Gamble Clerk*
> *Legal Function: Writ and Summons for Defendant to Appear*

[illegible] State of Missouri
County of Jefferson
sct
The State of Missouri To the sheriff of said County " Greeting
We command you to summon Elijah Mitchel that he be
and appear before the Judge of our Circuit Court at the
next term thereof to be held at the town of Herculaneum
within and for said County on the third Monday of
July next. Then and there to answer unto Michael an
infant a boy of colour of a plea of trespass to the damage
of the said plaintiff five hundred dollars and have you
then there this writ.

*Witness Chauncey Smith Clerk of law suit
Circuit Court at office the twenty third
day of May in the year 1832 Chauncey Smith Clerk*

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**Page 9** (6755_009.jpg)
> *Legal Function: Certificate of Filing*

No 48 Jefferson
Saint Louis Circuit Court
July Term 1832
Michael a boy of
color
vs
Elijah Mitchel
This is an action of
assault and battery
and false imprisonment
the clerk will
issue [illegible]

*[illegible] p q Filed 23d May 1832 Archibald Gamble Clerk Filed May 16th 1832 C Smith Clark*

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