Nathan Cole, a person of color v. Elijah Mitchel

Item

Nathan Cole, a Person 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/60772

Full Text: See images and transcription side by side
Case Title: Nathan Cole, a person of color v. Elijah Mitchel
Series: Freedom Suits
Plaintiff: Cole, Nathan
Defendant: Mitchel, Elijah; Field, Alexander P.
Date Filed: 1832-05-23
Next Friend: Titus, Lydia
Filing Date: 1832-05-23
Plaintiff’s Attorney: Geyer, Henry S.
Defendant’s Attorney: Foreman, Stephen W.
Court Name: St. Louis County Court
Court Term: 1832-07
Judge: Carr, William C.
Clerk: Gamble, Archibald
Sheriff: Walker, John K.; Hammond, John
Cause of Action: Trespass; Assault; Battery; False Imprisonment
Case Notes: Defendant also spelled Alexander P. Fields; plaintiff son of free woman Lydia in St. Clair County, IL; alleged defendants kidnapped him & took him on the way to Herculaneum, Missouri; sought $600 damages; defendants arrested in Jefferson County, Missouri.
Case Number: 50
Identifier: ccr1832.06757.010
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Nathan Cole, a person of color v. Elijah Mitchel**

---

**Page 1** (6757_001.jpg)
> *Legal Function: Petition*

To the Honorable the Judge of the Circuit Court within
and for the county of St Louis
The Petition of Nathan a person
of Color represents
That his mother Lydia was once
the slave of Elisha Mitchel deceased that said Elisha
Mitchel about the year 1809 brought your petitioners
mother into the territory now State of Illinios that about
the year 1805 said Elisha Mitchel died, & his
widow [illegible] Mitchel in 1809 administered on the
Estate of said Elisha in St Claire County now state
of Illinois that said [illegible] pretending to said said Lydia
as such administrating as a slave of said Estate in
the year 1809 said Lydia brought a suit of trespass
assault & Battery & false imprisonment against said
[illegible] as such administrating in the General Court of
the territory of Illinois at St Clair County before the
judges thereof and such proceedings were had in said
so that said Lydia was adjudged by said court to be a [illegible] free
person your petitioner further says that he was
born in the State of Illinois where he has been raised
& was yesterday seized & brought to St Louis from
whence he was taken in the night & carried as
your petitioner believes on the road to Herculaneum by
one Alexander P Fields & others in collusion with him
your petitioner was born since his mother was
adjudged free as aforesaid & has always been a
free person & so regards until seized as aforesaid
by said Fields who claims the right to hold your
petitioner in slavery your petitioner believes that
said Fields shall remove your Petitioner out of
the state of Missouri unless prevented by legal
means he therefore prays that he may be
permitted to sue as a poor person to Establish
his freedom that counsel may be assigned
him that a writ of Habeas Corpus may issue
& such orders made & such proceedings had as
will secure the personal safety of your petitioner
By Lydia the next
friend of said
Nathan
his mark

---

**Page 2** (6757_002.jpg)
State of Missouri St Louis County Ss this day personally appear
Nathan Cole marks oath that he believes that
the facts in the within petition stated are true and
further that said Alexander P Fields Elijah Mitchel &
others arrested the within named Nathan yesterday
claiming him as a slave & that last night they took
said Nathan away from St Louis & that they
will remove him out of the state of Missouri with the intention of enslaving him unless prevented
prevented

*Nathan Cole*
> *Legal Function: Order*

It is hereby ordered that the Petitioner Nathan be permittted[?]
to sue as a poor person to Establish his right to freedom that
Henry S Geyer be & is his assigned as his counsel to commence
& prosecute said suit and it is further ordered
& adjudged that said petitioner have reasonable
liberty of attending his counsel & the court when
occasion may require and that the Petitioner
shall not be taken or removed out of the
Jurisdiction of the Court nor be subjected to any
severity because of his application for freedom
Given under my hand at my
Chambers this 23. May 1832

*Will C. Carr*

---

**Page 3** (6757_003.jpg)
> *Legal Function: Complaint*

In [illegible] St. Louis Circuit Court
July Term 1832
County of [illegible] St. Louis Ss Nathan a person of colour
by [illegible] of the court here permitted to sue
as a poor person by Lydia his next friend
complains of Alexander P Fields & Elijah Mitchel of a plea
of trespass assault battery and false imprisonment
\- For that the said defendants here
tofore[?] to wit on the twenty second day of
May in the year of our Lord eighteen hundred
and thirty two, made an assault upon
the said plaintiff to wit at the county of
St. Louis aforeaid and then and there beat bruised and ill treated him said
plaintiff and then & there imprisoned him
said plaintiff and left & detained him
in prison there, without any reasonable or
probable cause whatsoever for a long time
wit for the space of ten days then next following; contrary to the law of the land and
against the will of the plaintiff - and the
said plaintiff avers that before and at
the time of the committing the grievances
aforesaid he was and still is a free
person and the defendants then & there
held and detained and still do hold &
detain him in slavery contrary to the laws
of the land - and their wrongs to the said
plaintiff then & there did to the damage
of the plaintiff of five hundred dollars
& therefore he brings suit &c

*Geyer for plff*
> *Legal Function: Summons*

The state of Missouri
County of Saint Louis ss To the Sheriff of the County of Saint Louis Greeting
We command you to summon Alexander P Fields and Elijah Mitchell
that they be and appear before the Judge of our Circuit Court at the next

---

**Page 4** (6757_004.jpg)
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 Nathan a person of Colour by leave of the Court here permitted to sue as
a poor person by Lydia his next friend of a plea of trespass assault & battery and
false imprisonment to the damage of the plaintiff of Five Hundred dollars and
have you then thee this writ

*Witness Archibald Gamble Clerk of our said Circuit
Court at office this Twenty third day of May one
thousand Eight Hundred and thirty two Archibald Gamble Clerk*
> *Legal Function: Order*

copy of the order of the Judge permitting petitioner to institute suit
It is hereby ordered that the Petitioner Nathan be permitted to sue as a poor person to Establish
his right to freedom that Henry S Geyer be &[?] is assigned as his counsel to commence & prosecute
said suit & it is further ordered & adjudged that said petitioner have reasonable liberty of
attending his counsel & the court when occasion may require and that the petitioner
shall not be taken or removed out of the Jurisdiction of the Court nor be subjected to any
severity because of his application for freedom - Given under my hand at my chambers

*this 23. May 1832 Will C Carr*
> *Legal Function: Certificate of Filing*

No 50 In St. Louis Circuit Ct
July T 1832
Nathan a person
of colour
vs
Alexr P Fields
Elijah Mitchell
[illegible]
Issue a summons
with copy of order
Geyer

*Filed 23d May 1832 Archibald Gamble Clerk*
> *Legal Function: Certificate of Execution*

Executed on Elijah
alias H. G. Mitchell
on 26: May by reading
order & his resisting
to hear &[?]

---

**Page 5** (6757_005.jpg)
> *Legal Function: Warrant*

"By the Habeas Corpus Act"
The state of Missouri To George Hammond Esquire Greeting
You are hereby commanded, that the body of
Nathan a person of color 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 captor and
detainer, by whatever name he may be called
you have before the Circuit Court for the
county of St Louis
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 whatso
ever shall be considered in that behalf

*Witness William C Carr Judge of
the third Judicial Circuit of the
state of Missouri this 26th day of
May 1832 Will : C. Carr*

---

**Page 6** (6757_006.jpg)
> *Legal Function: Certificate of Execution*

In obedience to the within writ I have the Body
of the within named Nathan before the Court which
said Nathan was by me taken out of the possession
of Mr H. G. Russell and G. Mitchell
said Russell and Mitchell was arrested in the county
of Jefferson on the 26th [illegible] on a warrant for
kidnapping the said Mitchell being arrested by the
name of Martin Mitchell and the said Nathan
by me committed to gaol[?] for safe keeping

*May 30th 1832. G Hammond*
> *Legal Function: Certificate of Execution, part 2*

Nathan

*By the Habeas Corpus act*

---

**Page 7** (6757_007.jpg)
> *Legal Function: Order*

The Petitioner State of Missouri
St Louis County
The petitioner Nathan having
been brought before Mr
William C Carr Judge of the St Louis Circuit
County by writ of Habeas Corpus and the
persons in whose possession said Sam was
found having refused to enter into Recognizance
as the law directs I do therefore order & direct
the sheriff of St Louis County do take possession
of said Nathan & hire him out from time
to time during the continuance of his suit
for freedom & that the Sheriff take bond from
the person hiring him in the final sum of
six hundred dollars, with such security as
said sheriff shall approve conditioned that
said Nathan shall at all times during
the pending of his said suit have reasonable
liberty of attending the Court & his counsel &
that he shall not be removed out of the jurisdiction
of the Circuit Court of St Louis County -
or subjected to any severity because of his application
for freedom & that the person hiring him
shall pay the hire at the time stipulated
& return said Nathan to said sheriff
at the apperation[?] of the time for which
he is hired & sooner if his suit shall
sooner be determined

*Given under my hand this
30th day of May 1832 Will C Carr*

---

**Page 8** (6757_008.jpg)
> *Legal Function: Caption*

No 50
St St. Louis Circuit Court
July Term
Nathan a person of Colour suit for freedom
vs
Alex P Fields
& Elijah Mitchel
order for hiring out
plff
declaration
Petition & orders of judge
> *Legal Function: Certificate of Execution*

I Served this writ on Alexender P Fields
on the 24: day of May 1832 my offering
to read to him the writ and declaration
and the copy of the order of the Judge
all of which he refused to hear read and
on the 26: day of same month I served
it on Elijah Mitchell alias Henry
G Mitchell by offering to read to him
the writ declaration & order of the Judge
which he refused to hear read [illegible]
of which also done in the City of
St Louis

*John K Walker
shff [illegible] $ 2.00*

---

**Page 9** (6757_009.jpg)
> *Legal Function: Answer*

A P Fields & Elijah Mitchel
ads
Nathan -
[illegible]
And the said defendants
by their attorney come and defend the force
and injury where &C and say they are not guilty
of the grievances above in said declaration laid
to their charge in manner and form as the
said plaintiff hash above alleged and of this
they put themselves upon the country &c

*GW[?] Foreman
atty
Filed 26th July 1832 Archibald Gamble Clerk*

---

**Page 10** (6757_010.jpg)
> *Legal Function: Unknown*

Suggestion of oath of Plff &[?] writ [illegible] Book 6 page 491
> *Legal Function: Certificate of Filing of Not Guiilty Plea*

No 50
Saint Louis Circuit Court
July Term 1832
Nathan
vs
Alexander P Fields
and Elijah Mitchel
Plea not guilty
Foreman
atty

*Filed 26h July 1832 Archibald Gamble Clerk*

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

Nathan Cole, a Person 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/60772