To the Honorable, the Circuit, court in for
the County, of St Louis in the Territory, of Missouri ,

The petition, of Milly , a black woman who petitions,
as well for herself as for her two, infant children Eliza aged,, about 4, years and Bob aged, about 2, years -

That your petationer and her said children, are
held in slavery by one Mathias, Rose at St
Ferdinand , in the County, of St Louis and within
the jurisdiction, of this court, that your petitioner was removed, into this territory, about
2 years ago by the said Rose from the new state, then territory, of Illinois , - and has been,
held by him as a slave ever since, - that your petitioner resided, immediately preceeding, her removal,
into this Territory, in the said Territory, of
Illinois , and had continued, to reside, there for
about the space, of sixteen, years. that the said Rose was also an inhabitant of that
territory and held your petitioner, as a supplied> slave during, all that time.

She therefore that under, the laws, of Illinois , & the ordinance, of congress she, is entitled, to be free,. Wherefore she, prays
that she and, her children, above named, may be entitled, to sue for their freedom, as poor per-
sons
in this honorable Court according, to the
statute, in such - and your petitioner, -

Milly her mark,

petition for freedom

file a April 21st 1819
A Gamble ,

Territory of Missouri , country of St.Louis The united states of America , to the Sheriff, of Country greeting.

We Command you to Summon, Mathias
Rose that he be and appear before the Judge, of
our court at the next term, thereof to be,
held at the, town of St. Louis within, and for the
County of S Louis on the first Monday of August
next then, and there to answer unto Milly a free, woman held in slavery, and who is permitted by the
court to sue as, a poor person of a plea of
trespass, to the damage of said Milly of five
hundred Dollars. And have you, then there this writ,

Witness Archibald , Gamble Clerk,
of the said court at office in,
St.Louis this tenth of may eighteen
hundred of nineteen and of our, in dependence,
Archibald Gamble Clerk,

No 20
St. louis Cicuit Court ,

This is an trespass & false imprisonment damage, $500 let

R . Pettibone atty,

filed May 10th 1819

A Gamble clk,

Executed by leaving a copy of the within
at the house of Mr, Rose , with his wife in Ferdinand , on the 11th may 1819

Joseph C Brown ,

Service.801.50$2.30

August Term 1819.

freedom

1. Plantiff in his

2. His

filed Augt 3rd 1819 clerk

In the circuit Court
August Term, 1819

And the said Mathias Rose by Barton , his attorney, comes and defends
the force, and injury, when and says the said
Milly ought not to have or maintain her aforesaid
action thereof against him because he says
the said Milly at the said time when was
and still, is the slave, of him the said Mathias
Rose . To wit at the County aforesaid without
this that the said Milly , is free in manner
and form, as she above in her declaration sup-
poses
and this the said Mathias Rose is ready
to verify. Wherefore he prays judgment

J Barton atty to deft,

And for a further plea in this behalf as to
the said assaulting, imprisoning and detaining
in prison of the said Milly the said Mathias
Rose saith the said Milly ought not to have and maintain her aforesaid action thereof
against him because he saith that by a
law, of the former Territory, of Indiana in
force at the time of the removal of the

said Mathias Rose with the said Milly ,
as herein after, mentioned it is enacted that
it shall and many be lawful for any person
being the owner or possessor of any negroes or
mulattos, of and above the age of fifteen
years and owing service and labor as slaves in any of the united states or Territories , of
the United States or for any citizen, of the
said states or Territories , purchasing the same
to bring the said negroes or mulattoes into that
territory and that the the owner or possessor
of any negroes or mulattoes as aforesaid, and
bringing the same into that territory should
within thirty days after such removal go with
the same before the clerk, of the Court, of
Common pleas, of the proper county and in
the presence of the said clerk the said
owner or possessor should determine and agree
to and with his or her negro or mulatto, upon
the term of years which the said negro or
mulatto would and should serve his
or her said owner or possessor. and the said
clerk, was thereby authorized, and required
to make a record thereof in a book which
he should keep for that, purpose, and the said
Mathais, Rose further saith that before and

at the time of hte removal of the said Milly , as
herein after mentioned he was the owner and possessor,
of the said Milly who was above the age of,
fifteen years to wit, of the age of sixteen years and
who owed service and labor to him as a slave in
the state of Kentucky , to wit at the county, of
St. Louis aforesaid and being such owner and
possessor, of the said Milly , as a slave he the
said Mathias Rose heretofore to wit, on the
twenty eighth day of november in the year of
our Lord one thousand eight hundred and
five brought the said Milly into the County ,
of Knox , in the said territory, of Indiana
and that, afterwords and within thirty days
after his removal with the said Milly , as
aforesaid he went with the said Milly ,
before Robert Buntin Clerk, of the Court, of
Common pleas for the said County , of Knox ,
and in the presence, of the said clerk determined, and agreed to and with the said
Milly , that the said Milly should and would serve him the said Mathias Rose ,
and his assigns, for the term, of seventy years
from that date and that he the said Mathias, Rose and his assigns, should pro-
vide the said Milly , with and

sufficient provisions, clothing washing and
lodging according to her degree and station
and that from and after the expiration of
the said term, the said Milly , should be
free to all intents and purposes to wit at the
court, of St Louis aforsaid,. By virtue, whereof the
said Mathias Rose afterwards to wit on the day
and year last aforesaid took the said Milly
into his custody, and service as his servant for the
the term aforesaid, and hath ever since kept and detained and still doth keep and de-
tain the said Milly in his custody and
service as such servant as it was lawful,
for him to do for the cause aforesaid using
no more force and violence than was abso-
lutely necessary, to ensure the obedience and
service of his said servant to wit at the coun-
ty of SLouis aforesaid,. Which is the same ass-
aulting, imprisoning, and detaining in person
of the said Milly , by her above complained
of and no other and this he the said Mathias Rose is ready to verify,. Wherefore he
he prays judgment

J Barton atty, for
deft,

Territory of Missouri ,
county of St Louis ss United States of America By review, of the act of the legislature of 1807.

To Mathias Rose your are hereby
commanded that the body of Milly a
in your custody detained (as it is said) you have under safe, of together with the day of of her
detained by whatsoever name the said Milly
may be called, before, the circuit court,
in for the country of st. Louis in
the town of st. Louis in said county, immediately, after the receipt of this writ, then
& there to sumbit to do, and receive, what-soever
the said court shall in that
Witness Nathanial B Tucker Judge of said court at St Louis the fourteenth
day of August on thousand eight hundred & nineteen.

Mileage, allowed
10 cents per mile,

N. B . Tucker ,

In obedience, to the command, of the within, writ, and
on the return thereof, the winthin named Mathias, Rose
says, that Milly , the within named black, woman is not in his custody, or possession, and that on the
twentieth, day of July last, the said Milly , absconded, from the house and possession of the, said
Mathias, Rose , without his consent, and against,
his will, since which,, time he has neither seen nor, heard of, her August
the Seventeenth 1819. Mathias Rose his mark,

his X Mark Rose .

Territory of Missouri , County of St. Louis , sct.The United States of America ,To the Sheriff of St Louis , county, Greeting.

You are hereby commanded to summon Lewis Rose Else Rose James McClune Mrs Hickman,
that setting aside all manner of excuse and delay they, be and appear in proper person before the Judge of our circuit court on the twenty eight, day of August, at the town of St. Louis ,
then there to testify and truth to say in a certain matter of controversy now pending in our said
court wherein the United States , is plaintiff,
and Mathias Rose , is defendant on the
part of the plff, and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , this 26th day of
Aug in the year of our lord, one thousand eight hundred and Nineteen
and of the Independence of the United States the forty fourth, Arch Gamble , Clerk, St. L . C.C.

Sub for

Lewis , Rose Else, Rose James James McClune, Mrs, Hickman

Not executed for want of time 30th August 1819

John K Walker shff,

And the Said Milly by Pettibone Attorney saith, that the Said pleas, of the
Said Mathias, Rose by him above
and the matters, & things, therein contained in manner &, form as the
same, one above pleaded & set forth,, are
not sufficient, in law, to bar or preclude her, the said Milly from having or, main
taining aforesaid action thereof against,
him and that she, is not bound, by the
law, of the land to answer, the same and
this she is ready to verify Wherefor,
for want of a suficient plea, in this behalf,
she prays judgement,

R . Pettibone atty, for plff,

in .

J Barton atty, for deft,

Dec 27

Filed A Gamble clk,

St Louis Circuit Court ,

And the Said Milly , by her attorney, aforesaid
saith that as to the first plea, of the
said defendant, by him above plead, and by reason of any thing thereing alledged, she ought, not to be banned,
from having and maintianing her, afore
said action thereof against, him the
said Mathias Rose because, she saith,
that she is free, in manner &, form
as in the Said declaration, is above
and of this she herself, upon the country,

R . Pettibone atty,
for plff,
And the said defendant, the

Replication

filed April 17th
1820 A Gamble clk,

And the said Milly , by Rufus Pettibone her, guardian according to the form
of the statute, in such case made & provided,
by way of any suggestion saith, that the first part,
of the return, of the said Mathias Rose to
the shown writ, of Habeus Corpus, when he says the said Milly , is not in his custo,
dy or possession, is, evasive,
and insufficient, and as to the evidence, of
the said return,, she says, that she did, not
at the the when , or at any time since,
abscond from, the house or possession, of the
said Mathias Rose , in manner or form, as he hath in his said return alledged,
and this she prays, may be

Pettibone , for plff,

Habeas Corpus,

Missouri Territory, St Louis County Court of the term, of August in the year of our
Lord, one thousand eight hundred & ninteen

County, of St Louis to wit Milly , a free, woman of color,
held in slavery, and who is permitted, by the Court,
to sue, as a poor person, by R Pettibone , her
attorney assigned, as counsel, by the said Court
complains of Mathias, Rose of a plea, of trespass,
for that the said Mathias heretofor,
to wit,, on the first day of January the year of our
Lord, one thousand eight hundred & nineteen at St Ferdinand , in the County of St Louis
within the jurisdiction, of this Court with
force, & arms unlawfully, an assault did make, in & upon, her the said Milly , and then
& there imprisoned, her the said Mily, and
kept, & detained, her in prison, without any
lawful cause whatsoever, and hath ever since kept, and detained, and still doth keep, and
detain, her in prison, against the will, of the
said Milly , and contrary, to the laws, of
this territory, and other, wrongs to her then & there, did against the peace, of the United , States
of America and to the damage of the said Milly fice, hundred dollars and therefore she sues,

R Pettibone ,