Thomas Scott, a man of color v. James Harrison

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Thomas Scott, a Man of Color V. James Harrison. 1847, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60965

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Case Title: Thomas Scott, a man of color v. James Harrison
Series: Freedom Suits
Plaintiff: Scott, Thomas
Defendant: Harrison, James
Date Filed: 1848
Filing Date: 1848
Plaintiff’s Attorney: Wright, Uriel; Bowman, Samuel M.
Court Name: St. Louis Circuit Court
Court Term: 1848-11
Judge: Hamilton, Alexander
Clerk: Ruland, John
Sheriff: LaBeaume, Louis T.
Sworn Declarant: Hudson, Thomas B.; Carey, Robert
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Damages $300; defendant hired plaintiff to Cesar St. Vrain, a trader who took plaintiff to New Mexico.
Case Number: 90
Related Court Case Number: 06883; 06884; 06885; 06886; 06887; 06889; 06890
Identifier: ccr1848.06815.020
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Thomas Scott, a man of color v. James Harrison**

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**Page 1** (6815_001.jpg)
> *Legal Function: Caption*

No90 November term 1848
St.Louis circuit court
Petition, of Thomas Scott

*Filed Oct 3rd 1848
J.N. Ruland, Clk*

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**Page 2** (6815_002.jpg)

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**Page 3** (6815_003.jpg)
> *Legal Function: Petition*

To the Honb, Alexander Hamilton Judge,[?] of the
St. Louis Circuit Court ,, state of Missouri ,
[illegible], a man, of color named Thomas Scott ,, of St. Louis, County, state, of Missouri ,
would respectfully represent, to your honor,
, that, he is not, held in bondage, as a slave,
by one James Harrison , of the County and state
aforesaid,, but is advised and believes, that he
ouhgt not thus, to be held, as a slave,, and that
according to the law, of the land he is entitled, to his freedom.
In support, of his claim, for freedom, your
[illegible] states the following facts,.
that said James Harrison , the then owner, of [illegible], sometime in the month of august
A D 1847 hired, your petitioner, as a petitioner, to one
one St., Brain. [illegible],[illegible] a trader, in new trader in New Mexico ., who
carried your petitioner, to said County of new
Mexico , and held him,him, there in bondage, for
a period, of at least, five months. and your
petitioner,, that slavery was, not allowable
by the laws, of new Mexico , at the time, he was
so carried to that County and held there in slavery,
as aforesaid,.
your petitioner, therefore submits, if these facts
be true,, whether he is not entitled, to freedom

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**Page 4** (6815_004.jpg)
and [illegible] your honor, for leave to sue as,
a poor person,, in order to establish his
right, to his freedom according to the
[illegible].

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

State of Missouri ,
County of St. Louis
[illegible]
On the hearing of the above petition I.
[illegible] Lorder, [illegible]- that the petitioner,
for his freedom
Thomas Scott . a man of colour,, belowed to sue
on giving security satisfactory to the Clerk of the
Circuit, Court. of the County aforesaid,- for all costs,
that may be adjudged. against him. in said suit-
and I further, order that said Thomas Scott
have reasonable, liberty to attend his counsel,
and the Court. as [illegible] may require,; that
he be not removed out of this jurisdiction, of this
Court. and that he be not subject, to any severity, on
account, of his application, for freedom-
Oct. 4, 1848.

*A . Hamilton , ,
[illegible] 8 [illegible], [illegible]*

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**Page 5** (6815_005.jpg)
> *Legal Function: Complaint of Scott Thomas*

State of Missouri ,
St. Louis County St. Louis Circuit Court november term, A D 1848
Thomas scott, a man of color, plaintiff in this suit complains
of James Harrison the defendant in this suit of a plea
of trespass,
For that the said defendant on the first day
day of October A D eighteen hundred and forty seven
with force and arms assaulted, the plaintiff at
the county aforesaid, and then and there ill treated
him, and thene and there imprisoned, him and
kept and detained him in slavery without any
reasonable or probable cause whatsoever for a
long time - to wit- for the space of five months
then next following, contrary to the land of this state and against the will of said plaintiff
And said plaintiff [illegible] that at the time of the commit-
ting of the grievances, aforesaid by said defendant he, the said plaintiff was, and still is a free person, and that said defendant held and
still holds, him in slavery
And other wrongs to the said plaintiff then and
there did against the peace and to the damage
of said plaintiff of \$300 and therefore he brings his suit.

*Wright + Bowman atts[?]*

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**Page 6** (6815_006.jpg)
> *Legal Function: Caption*

St. Louis Cicuit Court
Nov T. 1848
Thomas scott, a man of
color
vs
James Harrison

*[illegible]
aty*

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**Page 7** (6815_007.jpg)
> *Legal Function: Summons of James Harrison*

County Of St. Louis , Ss. The State Of Missouri , To the Sheriff of St. Louis County, Greeting:
We command you
to, Summon James Harrison , he be
found in Your County, that he be and appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held at the City of St. Louis , within and for the County of St. Louis , on the third Mon-
day of November next, then and there to answer unto Thomas
scott,, a man of Color, of a /plea of trespass
to the damage of said plaintiff Three Hundred
dollars: And have you then there this writ.

*Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this fifth day of
October in the year of our Lord eighteen
hundred and forty eight .
J.N., Ruland Clerk.*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause.

*Witness my hand and seal, at St. Louis , this 5th day of October 1848.
Peter Miller*

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**Page 8** (6815_008.jpg)
Plea 18[illegible] 385 [illegible] at [illegible] refer Dec 21. 1848
18 p 459.
> *Legal Function: Caption*

No 90 Saint Louis Circuit Court
November term, 1848
Thomas Scott (a man of color) vs P summoned, James Harrison
[illegible] 300
Wright & Bowman atto

*Filed October 5th 1848
Jn[?] Ruland , clk*
> *Legal Function: Order*

[illegible]
A Hamilton Judge 8 Judicial district cir. court Mo[?]

*[illegible]*
> *Legal Function: Notation of Clerk*

|   |   |
|---|---|
| Jury fee [illegible] | 2 |
| [illegible] | 1 |
| [illegible] | 3 |

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

Executed this writ in the County of St. Louis , on
the 6th day of October 1848 by reading the summons,
to James Harrison the within named,
defendant & also, by reading the order to him

*Louis T. Labeaume
By
[illegible]
[illegible] [illegible] [illegible]
& the order*

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**Page 9** (6815_009.jpg)
> *Legal Function: Notice to Take Depositions*

Thomas Scott a man of Color
vs
James Harrison
St. Louis Cricuit Crout Nov term A D 1848
The defendant in the above
entitled, cause will, take notice, that the depositions
of witnesses, to be used in the trial of said cause, will
be taken on Monday, the 10th day of October 1848
at the Law office of Wright and Bowman, South East corner,
of Pine and third streets,, in the city of St. Louis , between
the house of Eight O Clock, A.M. and Six O [illegible]
P.m. of said day said depositions to on used on part
of said plf,[?]

*Wright , Bowman,
attys*

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**Page 10** (6815_010.jpg)
> *Legal Function: Certificate of Service*

Served, this notice in the County of St Louis , on the 6th
day of October 1848 delivering, a true Copy thereof to
James Harrison [illegible] 50 cts

*Louis T. Labeaume Sheriff
By [illegible] [illegible] dept*
> *Legal Function: Caption*

Thomas Scott , a man of Color vs James Harrison ,
[illegible] to take Subpoena,
47 south fourth

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**Page 11** (6815_011.jpg)
> *Legal Function: Summons to Testify for the Defendant*

State Of Missouri ,
County of St. Louis ,
Sct. The State Of Missouri , To [illegible]
You are hereby commanded, that, all excuses and delays being set aside, you personally be and appear before
the undersigned, "The Law Commissioner of Saint Louis County," on the 7th day of October
1848 [illegible] at my office in the City of Saint Louis , to testify on the trial of
a cause now pending [illegible] in the circuit court wherein, Thomas Scott plaintiff and
James Harrison ,
defendant on the part of the defendant; and of this you are not to fail, at your peril.

*Givne it under my hand and Seal of Office, this
7day of October A. D. 1848
[illegible], [illegible] .
[illegible] P. [illegible]*

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**Page 12** (6815_012.jpg)
> *Legal Function: Notation*

75
8
600
30
15
105
1[illegible]
1,15

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**Page 13** (6815_013.jpg)
> *Legal Function: Depositions*

Depositions of witnesses produced, sworn, and examined, at
the office of the law Commissioner of St Louis,, County in the City and County of
St. Louis , State of Missouri , before me,[illegible] the, Law Commissioner for
the said Country, in a certain cause now pending in the St. Louis
Circuit Court ,
State of Missouri between Thomas Scott , a man of color, and
James ,
Harrison , on the part of the defendant, of lawful age, being duly sworn, and
examined, on the part of the defendant, deposith,[?] and saith,
I am acquainted, with the plaintiff,
in this case: he went, with me [illegible] and from there to Sante,[?] Fe,
He went, as my servant, he was, hired
to me, by Mr Harrison , the defendant,
He was hired, for the trip, and
return, - I understand, him to, be the slave,
of Mr Harrison , and as such re-
turned, him I hired, at St Louis Mr Harrison , said he wished, him
to [illegible] on account of, his health, and if
he would be of, any service to, me he wished, him to be making, his wages,
Cross Examined,
I hired Thomas Scott in August 1827 of defendant. I think I paid, for him one Hundred & thirty dollars for the trip,- I spent, a part of, the time in New Mexico , - The only under-,-
standing was, that [illegible] him

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**Page 14** (6815_014.jpg)
out, for his health, and if, he was, any
service, to me I was, to allow him wages,
I had the entire control of him, [illegible]
I had Tom , with me, in New Mexico ,
from [illegible] five months - I did not
hire him to any one in New Mexico ,
I gave him permission to hire, himself
and allowed him to, have, for, his own use,
all the over and, above what - I [illegible]
to Mr, - Harrison , - He hired, him
self to, a man by the name Holt,
I think, he lived, with him for about
three, months. - In one of, these
trips, we allways spent,[?] from five
to six, months in New Mexico ,
I presume Mr Harrison knew the,
length of time I would spend,
there, as he is an old trader, The [illegible] was, that if Tom
was able to per form, service, that
I was to pay Mr Harriosn,[?] a spece,[?]-
fied sum. If, he was not able
to perform service, I was, to pay
nothing. - If he died on the road it was, not to be my loss. Beuts,[?] Fort is, on the Arkansas river.
I have resided most, of the time
at Beuts Fort,[?] - I have always,

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**Page 15** (6815_015.jpg)
considered St. Louis my place of residence,
I own property, here and have always,
voted here. Tom was with me in New
Mexico , during the months [illegible] a
a half, of November 1847 December 1847
January, February & March 1848
Re examination
I did not have any authority from Mr.
Harrison to permit Tom , to hire
himself out, I did it without Mr
Harrisons knowledge or consent.

*[illegible]*
> *Legal Function: Sgnature Block*

This deposition is taken by consent of
parties [illegible] it notice

*Wright + Bowman for plf[?]
[illegible]
attorney for dept*
> *Legal Function: Notarization*

State of Missouri
County of St Louis
ss
I. “The Law commissioner,
of St. Louis County, do hereby certify that
[illegible] St [illegible] the deponent, was
by me sworn to testify the whole truth
of his knowledge in the matter in
controversy in the cause aforesaid, that
deponent was examined and his ex-
amination reduce to writing by me and
subscribed, to by said deponent in my
presence on the seventh day of Octo-
ber A D 1848 at the office of The
Law Commissioner of St. Louis County.

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**Page 16** (6815_016.jpg)
and that this deposition was taken by
consent.

*In witness whereof I have hereto
set my hand & official seal this 7th day of October 1848
John H. Watson Law Commissioner
of St Louis County [illegible]
Philip , C. Mauro*
> *Legal Function: Caption*

Thomas Scott of color
vs
James Harrison
[illegible] filed Dec 15. 1848

*[illegible] Ruland [illegible]*
> *Legal Function: Bill of Costs*

[illegible] \$1.15/[illegible]
by defendant

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**Page 17** (6815_017.jpg)
> *Legal Function: Plea of James Harrison*

Thomas Scott , of color,
vs
James Harrison ,
St. Louis Circuit,
court
no 90 november
term 1848 .
and the
said defendant comes defends,
the demand, of the plaintiff

*[illegible]*

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**Page 18** (6815_018.jpg)
> *Legal Function: Caption*

No90 St Louis Cir,[?] court
Thomas Scott , of color,
vs
James Harrison ,
Plea.,

*Filed Nov 20. 1848 [illegible]*

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**Page 19** (6815_019.jpg)
> *Legal Function: Subpoena of Thomas B. Hudson and Robert Carey*

County of St. Louis , Ss. The State Of Missouri , To Thomas B Hudson Robert Carey,
Greetings:
You are hereby commanded, that setting aside all manner of excuse and delay, you appear be
-fore our Circuit Court for the county aforesaid,[illegible] forthwith on the 19th of December, at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Thomas Scott is,
plaintiff and James Harrison ,
defendant on the part of defendant,
and herein you are in no wise to fail.

*Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 18th day of December
in the year of our Lord one thousand eight hundred and forty-eight
JN Ruland ,[?] Clerk C. C.*

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**Page 20** (6815_020.jpg)
> *Legal Function: Caption*

Thomas Scott ,
vs
James Harrison ,
Witness for the deft,

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

Forthwith Executed, [illegible]

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

Thomas Scott, a Man of Color V. James Harrison. 1847, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60965