This indenture made and concluded this eleventh day of
October, one thousand eight hundred and eleven by and between
Eusebius Hubbard George Hubbard Thomas Ballew and John
Procter of the one part and Elizabeth Hubbard James Whiteside
Davis , Whiteside of the other part witnesseth, - whereas in and by
a certain marriage contract entered into by and between the sd,
Eusebius Hubbard and Elizabeth Hubbard Bareing date june
the 11-1805 certain negroes to me Lucy Milly hannah Charlotte
Judy Barn are Arch Matt Tye, Jack and their in crease and certain
other property therein specified was settled and Endowed upon
her the sd, Elizabeth and certain other property belonging to
sd, Elizabeth was brought into the sd, marriage contract to the
sd, Eusebius during his personal, life and with revertion to the
heirs of sd, Elizabeth as by sd, marriage contract will appear
and whereas the sd, Eusebus George and Thomas and John
have set up pretentions and claims to sd, property so settled
upon the sd, Elizabeth and for the estableshment of her
claim she has petitioned the general Court of the territory
of Louisania Sitting, as a Court of chancery-and where as
an amicable adjustment hath, taken place between the
parties and the sd dispersd or likely to terminate in a peaceable
way to the satisfaction of all concernd
now therefore be it known that for the cansels and considera
tions aforesd and of one Dollar paid in hand by the party of
the second part to the party of the first that they the sd,
party of the first part that is to say the sd Eusebus George
Thomas and John for themselves their heirs Executors &
administrators do hereby Grant barganreleace, and give claim
to the sd Davis Whiteside and James Whiteside in trust
for the sale and support use, and benifit and be hoof of the
the said Elizabeth Hubbard all the Right title interest and
claim which they jointly and seperately have in on the
the plantation and stock thereon
or there abouts now

by the sd Elizabeth and Eusebius and also the five negroes
named hannah Charlotte Tye and Malinda to have
and to hold the same property to them and their constitution
in trust as aforesd forever
and the sd Elizabeth Davis and James for the causes and
considerations aforesaid and also of the sum of one Dollar to
them in hand paid do hereby grant bargain Releace and give
claim to the sd George Thomas and John and to their heirs and
assigns forever all the right title interest and property they
jointly and seperately have a claim in and to five negroes
named milly harvy JarkMmatt Barn and to Eusebius
so long, as he shall Reside in the District of Saint Louis and
after his Death with Revertion to the sd George Thomas
and John and their heirs and assigns two negroes named
Arch and Jack the said Suit in the General court is to
be dismissed on the cost of Davis Whiteside and James
Whiteside , and the sd George Thomas and John for them
selves their heirs Executors and assigns do hereby covenant
to and with the said Davis and James sons of the sd Elizabeth
acting on the behalf of the sd Elizabeth that they sd George Thomas
and John shall and will keep the sd Elizabeth Davis and
Jame harmless from all Debts of the sd Eusebius Hubbard
contracting before the marriage contract was entered into
by and between Eusebius and Elizabeth and from all costs
and charges prior to the said marriage contract defending
the same so that the property of sd Elizabeth Davis and
James or either of them their heirs Executors or administra
tors shall not be after answerable for any of sd Debts nor
their bodies molested theirfor and the said George Thomas
and John not to be accountable for any of the said debts
contracted since the said marriage the business being fully
understood between parties

For the true performance of all and singular the covenants
and agreements herein contained the parties aforesaid hereby
bind themselves Jointly and Severally, their heirs Executors
and administrators each to the other in the penal sum of
three thousand Dollars

In witness whereof the parties aforesaid have here into set
our hands and affixed our seals the day and year first
above writtin
signed sealed and delivered in presence of

R Chitwood ,John James Chitwood, Eusebius Hubbard George Hubbard ,Thomas BallewJohn Proctor Elizabeth Hubbard , Davis Whiteside Jas, Whiteside

District of St Louis
township St Ferdinand ,

on the Day and years the Date
of the within person by come and appeared Before me
one of the justices of the peace in and for, the township
aforesaid the within named Eusebius , Hubbard George
Hubbard Thomas Ballew and John Proctor
- Elizabeth Hubbard Davis , Whiteside James Whiteside and
acknowledged the within to be their free volin,
tary acts, and deed, hands and seals, the purpose there
in mentioned,

Witness my hand and sale the Day and
year aforesaid R. Chitwood

Elizabeth Hubbard

To the Honorable the the judge, of the Northern
Circuit sitting in and for the county of St Louis .

The petition of Arch a free blackman
humbly sheweth.

That your petitioner was heretofore the
slave of one Eusebius Hubbard of the county of
St Louis , that as such he lived with and served
the said Eusebius Hubbard until about the month
of August Eighteen hundred and seventeen when
the said Eusebius Hubbard by an instrument in writing
under his hand and seal emancipated your
petitioner after the death of him the said Eusebius
that shortly afterward the said Eusebius died
whereby your petitioner believes he became free.

Your petitioner further states that Bar
nabas Harris of the County of St Louis now claims
your petitioner as a slave - therefore your
petition prays your honer to make such
order in his behalf to enable him to sue
for his freedom as this law requires,.

And

Arch his X mark

Petitions

filed on June
9th 1818. A Gamble Clk,

Missouri Territory
St. Louis County
By act of the legislature of 1807The United States of America to Barnabas Harris , greeting.

We command you that the Body of Arch a black man by whatever name
he may be called, under your custory detained, and is said, together with the day
& Cause of the Caption & detention of the said Arch you have before Nathanial ,
Beverley Tucker our judge of the Courts of the Northern Circuits of the Territory
aforesaid at his house in the County of St. Louis & Township of St . Ferdinand ,
forthwith to do and receive what a said, judge may consider of him
in this behalf, & have then there this writ. Witness Nathanial Beverley Tucker , Judge of the Courts of the Northern Circuit of the territory aforesaid
this sixth day of May one thousand eight hundred and eighteen

N. B . Tucker ,.

Before the honorable B. B. Tucker at his chambers,
may 11th 1817.

In obedience to the command of the above
precept, I have here before the honorable N. B .
Tucker , Judge of the Courts of the Northern Circuit
in the Territory of Missouri at his cause in the Town
ship of St. Ferdinand, & County of St. Louis the body
of Arch the above named Blackman in, whom
I claim property as my slave as will appear
by a Bill of sale herewith shown dated the 2nd day.

day of march 1818 - and at, the date of the foregoing
precept, the said black man Arch was & still, is
my property. This is the day because of the caption
& detention of the said Arch & no, other -

Barnabas Harris

Ex Parti
Arch
Writ of Habeas Corpus,
Return thereon & Judgment.

Ten Cents per mile is
allowed for the expense, of
bringing up the Body of the
within named Arch

N. B. Tucker .

Ex parte Arch
On an writ of Habias Corpus.

The Return in this Case presents a question which
I am incompetent to try. It ceases to be a question of personal
restraint alone. It becomes a controversy in which a right to
personal liberty is alleged on the one hand, and a claim of
property on the other,. This last is beyond my jurisdiction.
The Amendments, to the Constitution of the United States
Arch and, the organic, Law Sect, 14. require a Jury,, before
a question of property can be decided. If the Habeus Corpus
Law therefore expressly called upon me to apply this remedy
in this case I should refuse to do so, because in so doing
I must disobey the paramount authority of the Constitution
and the Organic Law. But in fact I do not understand
the Law as requiring any such thing. The legislation on
the same day passed a law providing the remedy of persons
claimed as slaves, & I therefore have no doubt they intended
this law for the relief, of persons not so claimed. Such is the
spirit of Magna Charta, which gives it's, protection only to free,
men - It's language is “ nulles Lebu Homo,;” Excluding Excluding villians,
in England -as in like manner it would exclude slaves here.

The true, question which this case on the merits
would present would be "whether the Boy Arch on a day action,

was the property of Eusebius Hubbard , or, of George Hubbard
& .” I am incompetent to try such a question under any
modification of circumstances.

I can do nothing therefore in the case, but leave the
applicant in the possession, of Barnabas Harris , to pursue,
the Remedy which the Law has printed out

M. B. Tucker