St. Louis Circuit Court
March Term 1828

Petition of Aspasia

filed December 10th 1827 A Gamble Clerk

Action for
Assault &
Battery &
false imprisonment

To the Honorable the Circuit Court of
the County of St. Louis , Nov. Term 1829

The petition of Aspasia , a free woman
of colour represents, that she was born (as she
has always understood and believes to be true & is
ready to prove), of a negro woman in the Town
of Kaskaskia in the state of Illinois , about the
year 18?6 - which said negro woman was
held in slavery in said state by one Baptiste
Gindreau , who held her till her death
that your petitioner was held and claimed as
a slave by said Baptiste Gindreau as
his slave from her birth untill a few years
since, when she was sold by him to Peter
Menard then & now an inhabitant of the
state of Illinois - that soon after said Men
ard purchased your petitioner, he gave your
petitioner, as a slave into the possession of his daughter Bernice
who married Francois Chouteau & that said
Chouteau has ever since exercised ownership & authority over & held your
petitioner as a slave in the city & county
of St. Louis , where he now lives & has lived & held your petitioner as aforesaid for several
years past; And your petitioner represents
that she is advised and verily believes, that
according to the laws of the land she is a
free person and always has been - that she
has been for several years and still is
held & claimed by said Chouteau as his slave
deprived of her on natural rights & privileges
contrary to law, Equity & good conscience
by said Chouteau - your petitioner therefore
prays “that she may be permitted to
sue as a poor person” for her freedom
in the Circuit Court of St. Louis County -
according to the form of the statute in
such case made and provided, and that she be permitted to make the said Francois Chouteau & , Peter Menard and all other persons -
whatsoever claiming your petitioner as a slave, parties to her said suit & your petitioner
will ever pray &c.

Aspasia her X mark

State of Missouri
county of St. Louis

Personally appeared
before me the undersigned
a Justice of the Peace within & for the county of St. Louis , Aspasia , the same person
who subscribed the foregoing petition &
who being by me sworn upon her
corporal oath saith, that the facts setforth
in said petition on her aver knowledge are true and those stated
on the information of others she believes to be true.

Aspasia her X mark
sworn to & subscribed
before me this 10th day
of December 1827 Peter Ferguson
Justice of the Peace
county St. Louis

St. Louis Circuit Court . November Term 1827

Isaac C. McGirk presents the petition of Aspasia praying that she may be permitted
to institute suit against Francois Chouteau and Peter Menard to Establish her
right to freedom and that she may be permitted to sue as a poor person therefore
the Court permits the said Aspasia to sue as aforesaid and directs that an action
of assault and Battery and false imprisonment be commenced against the said
Francois Chouteau and Peter Menard in the name of the said Aspasia and assign
Isaac C. M. Girk and John Bent Esquires as her counsel and it is ordered by the
court that the said defendants permit the said Aspasia to have a reasonable
liberty of attending her counsel and the court when occasion may require it and
that the said Aspasia the plaintiff shall not be taken or removed out of the
Jurisdiction of this Court and that she shall not be subject to any severity of
treatment on account of her said application for freedom

A True Copy of the order
Archibald Gamble Clerk

In the Circuit Court , March Term 1828
St. Louis County to wit

Aspasia , who is permitted to sue as a poor
person, by McGirk and Bent her attorneys, complains
of Francois Chouteau & Peter Menard of a plea of
trespass with force and arms, for that whereas
heretofore to wit, on the first day of June in
the year of our Lord Eighteen hundred and
twenty six the said Francois Chouteau , Peter Menard
to wit at the county of St. Louis aforesaid, an
assault did make in and upon the body
of the said Aspasia & her then and there
did beat, bruise & ill treat her the said Aspasia
and imprison her the said Aspasia ,
and her the said Aspasia then and there
kept and detained in prison against her will
and consent contrary to the law of the land
and without any reasonable or probable
causes, for a long time, to wit, for the term
of Eighteen months & five days and her the said Aspasia ,
they the said Francois & Peter still detain in prison
and confinement contrary to the laws of
this state, and other wrongs to her the said
Aspasia then and there did, against this peace
& dignity of the state of Missouri ; And the said
Aspasia aver, that before and at the time of
the committing the grievances aforesaid, that she
was and still is a free person, and that said
Francois & Peter the defendants held & detained her &
still hold & detain her in slavery, wherefore the
said Aspasia saith she is injured and was sustained
damage from the said Francois & Peter to the
sum of one thousand dollars, wherefore she
sues,

McGirk & Bent Attos
for pltff

State of Missouri
3rd Judicial Circuit

On reading the within petition
and affidavit, it is ordered that
the within named Aspasia be permitted be permitted
to sue as a poor person according to the form
of the statute in such case made and provided
and Isaac C. McGirk & John Bent Esquires an
assigned as her counsel; It is further ordered that the
said Aspasia have reasonable liberty to attend
her counsel & the court when occasion may require it,
And that the said Aspasia shall not be taken or
removed out of the Jurisdiction of the Circuit Court
for the county of St. Louis nor be subject to any
severity because of her application for freedom

Given under my hand at
Chambers this 30th May 1827 Will C. Carr
Judge 3 rd Circuit.

No 5
St.Louis Circuit Court
March Term 1828 St. Louis Circuit Court
March Term 1828

narr.

This is an action of
assault & Battery &
false imprisonment
issue a summons

McGirk & Bent for Plff.
Filed 10th December 1827 Arch Gamble Clerk

County of St. Louis The State of Missouri To the Sheriff of St. Louis County Greetings

We command you to summon Francois Chouteau and Peter Menard that they be and appear
before the Judge of our Circuit Court at the next term Thereof to be held at the city of St. ouis within and
for the county of St. Louis on the fourth monday of March next then and there to answer onto Aspasia
of a plea of trespass with force and arms wherefore the said Aspasia saith that she hath sustained
Damage from the said Francois Chouteau and Peter Menard to the
sum of the Thousand Dollars and have you then there this writ

Witness Archibald Gamble clerk of our said Court at office This eleventh
Day of December in the year of our Lord One Thousand Eighteen Hundred
and tweney seven Archibald Gamble Clerk

County of St. Louis Sct.The State of Missouri To Sullivan Blood greeting

Where as it has been represented to our Circuit
Court now in session within & for the County of
St. Louis upon the affidavit of Aspasia a
woman of color that you unlawfully detain
her the said Aspasia in your custody
these are therefore to command you that without
delay you bring the body of the said Aspasia
before our said Circuit Court now in session
at the city of St. Louis , and that you certify
at the place and time aforesaid the cause of
her Caption and detention now given under
my hand and seal of court at St. Louis this
14th day of December 1827

Archibald Gamble clerk

In obedience to the within writ of state that I have the
girl Aspasia in my custody by the direction of My attorney Allen who claims to be the agent of Pierre Menard
St. Louis Dec 14 1827

S. Blood

To the Honorable the Circuit Court within and for the
county of St. Louis

The petition of Aspasia a free woman of color
showeth that the is detained and restrained of her Liberty in
the custody of Sullivan Blood constable of the
of St. Louis that this is not thus detained and restrained of
her liberty for any criminalor supposed criminal matter
wherefore she prays the writ of habeas corpus to be directed
to the said Sullivan Blood commanding him on a day
certain to have the body of your petitioner before your
Honourable court and thus you will make said other
and further with in the premises as to per that been
meet and your petitioner

Aspasia her Xmark

County of St. Louis

Aspasia being duly sworn on her
oath saith that the fact filed in the above petition
are true

Sworn to & subscribed
this 14th day of December
1827 Before me
Aspasia X her mark

Aspasia
Petition for Habeas Corpus
14th December 1827

County of Saint Louis The State of Missouri To the sheriff of St. Louis County Greeting

We command you to summon Pierre Menard (impleaded with
Francois Chouteau ) that he be and appear before the judge of our Circuit
Court at the next term thereof to be held at the city of St. Louis within
and for the county of St. Louis on the fourth monday of july next
then and there to answer unto Aspasia of a plea of Trespass with
force and arms wherefore the said Aspasia saiththat she has sustained damage from the said Peter Menard and Francois Chouteau
to the sum of one thousand Dollars and have you then there this
writ

Witnes Archibald Gamble clerk of our said
Court office this twenty fifth day of March
One thousand eight Hundred and twenty eight Archibald gamble Clerk

And the said deft by his attorney comes and defends the force and injury where and
sayshe is not guilty of the Trespass assault & battery
above laid to his charge in manner
and form to the said plantiff have above thereof
complained against him of this he puts himself
on the county

And the said plantiff
doth the like
Isaac C. McGirk atto. for plantiff
B . Allen atto.
for deft

filed December 6th 1828

A Gclk

In the circuit court
3rd judicial circuit
November term AD 1828.

Be it remembered that on the trial
of the above cause it was proved that Aspasia
the plaintiff in their action is a mulatto and
was born subsequent to the passage of the ordinance
entitled “an ordinance for the government
of the territory of the united states north west of the
river Ohio passed by the Congress of the United
States on the 13th day of July in the year 1787 of
a negro woman in the village of Kaskaskia in
the late north western, then Indiana Territory and
now state of Illinois that the mother of the said
plaintiff was owned and held in slavery by a French inhabitant of the aforesaid village of Kaskaskia whowas a citizen of the same before the conquest of the country by Virginia
and afterward and that the plaintiff was born of such mother
while as held in slavery and was herself raised and held
there in slavery from her birth till some time in
the year 1821 when she was purchased by the deft
Pierre Menard of the same village by him
immediately given to his son in law Francois Choteau then and now living in the town of St. Louis state of Missouri who claimed and held in
slavery as his property till the 10th day of December
in the year 1827 when the said Francois Chouteau
returned her in consequence of the claim
she made to her freedom, to the said Pierre Menard
who at the time of the commencement of
this saith and now claims her as his slave that the
mother of the said plantiff has a negro woman
slave owned and held as such in the town of Kaskaskia
aforesaid before at and after the passage of the
ordinance aforesaid and no other evidences was
given on either side and the case being tried by the court neither party requiring a jury where upon the deft moved
the courtto instruct the jury decide

1.That if they find from the testimony that the
mother of the plantiff was a negro woman & was legally held in slavery
and at and after the date of the ordinance passed by the congress of
the United States on the 13th day of July 1787 - entitled "an ordinance for the government of
the territory of the united states north west of the
river Ohio " at the village of Kaskaskia and the plantiff
was born of such mother subsequent to the
passage of the ordinance aforesaid and at the village of Kaskaskia she the plantiff
aforesaid is not entitled to her freedom ; which instruction

2.the court refused to give to which refusal the deft
by his counsel excepts.
The deft also moved the court to instruct the jury
that if they find from the testimony that the

1. That if they find from the testimony that the matter
of the plaintiff was a negro woman legally held
in slavery before & at & after the date of the ordinance passed by the Congress of the United States on the 13th.
Day of July 1787. entitled . “An ordinance for the
government of the Territory of the United States northwest
of the river Ohio " at the village of Kaskaskia
in the late northwestern territory & the plaintiff
was born of such mother subsequent to the passage
of the ordinance aforesaid, as the village of Kaskaskia
aforesaid she the plaintiff is not entitled
to her freedom, which instruction the court refused
to give, to which refused the Deft.by his
counsel excepts.

The deft by his counsel also moved the court to decide.

2. That if they find from the testimony that the

Mother of the said pltff was a negro woman
legally held in slavery before & at & after the passage of
the ordinance entitled “an ordinance for the
government of the Territory of the United States north west of the
river Ohio ”passed by the Congress of the United
States on the 13th day of July in the year 1787.
by a French inhabitant of the village of Kaskaskia
in the northwestern territory & who was a citizen of
the same before the conquest of the country by Virginia
& afterwards that the pltff was born at the village of Kaskaskia
aforesaid of such mother while so held in slavery.

By such French inhabitant though subsequent
to the date of the ordinance aforesaid, she, the
pltff in not entitled to her freedom which instruction
the court refused to give to which refusal
the Deft. by his counsel excepts & prays
that these his exceptions may be signed
sealed & made of part of the record which is one accordingly.

Will C. Carr .

Bill of exception

filed Dec. 6th 1828 A Gamble Clerk