Case Summary

On November 5, 1829, Vincent Duncan petitioned the court to release him from James Duncan whom Vincent alleged had wrongfully enslaved him following the death of James Duncan's father, Jesse Duncan. Vincent had been leased to the Saline Salt Works of southeastern Illinois following the stipulations listed in the 1818 Constitution of the state that banned slavery everywhere except in the Saline Salt Works where it could continue given that slaves were contracted in periods of no more than a year and only until 1825. Any contract in voidance of such terms would free the individual involved. James Duncan came to collect Vincent sometime following the death of James' father and found Vincent unwilling to leave, causing James to reenslave Vincent. Sometime later, Vincent and James found themselves in St. Louis where Vincent went to court to seek his freedom. The Duncan family sought witnesses from Illinois and their home county in Kentucky to verify their claims of ownership and deny any claims of wrongful enslavement. Taking place over the course of several years and several trials, the jury finally decided against Vincent's claims that he had been wrongfully enslaved, stating , "We the jury find the plaintiff a slave."

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Wrongful enslavement

Outcome

Writ allowed

Fate of bound party

Remained in custody

State

• Missouri

Point(s) of law cited

6th Article of the Illinois Constitution, Law of 1787

People

• Duncan, Vincent (petitioner)
• Duncan, Vincent (bound party)
• Duncan, James (respondent)
• Duncan, James (responding party)
• Duncan, James (holding party)
• Bird, Gustavus A. (G.A. Bird) (petitioner attorney)
• Bates, Edward (respondent attorney)
• Carr, William C. (judge)

• Additional parties

  Simpson, R (Sheriff)

  Guyler, D. E. (Deputy Sheriff)

  Gamble, Archibald (Clerk)

  Miller, Alexander (Witness)

  Pritchett, Bunyan (Witness)

  West, Abner (Witness)

  Klaus, Harry (named in deposition)

  Laffoon, John B. (Justice of the Peace)

  Woodson, Samuel (Clerk)

  Hargrave, Willis (Witness)

  Hargrave, Lee (Witness)

  Caigian, Willis F. (Clerk)

  White, Leonard (Justice of the Peace)

  Wood, Daniel (Witness)

  Hunger, Frank (named in deposition)

  Eonomingen, Marmaduke S. (enslaved person, witness)

  Guard, Timothy (Witness)

  [No name], Ralph (Runaway slave of Coleman Duncan)

  Niswander, Joseph (Witness)

  Wyler, Byron (Deputy Sheriff)

  Leduc, Mary Philip (Justice of the Peace)

  Abbay, Alpha O. (Witness)

  Frankhouser, W. Robert (employer, mentioned in deposition)

  Nighswonger, Reason (Witness)

  Holmes, William (Witness)

  Letcher, Isaac A (Witness)

  Fletcher, Isaac A (Witness)

  Clemmens, James Jr. (Witness)

  Cuyler, James (Witness)

  Pretchele, Benjamin (Witness)

  Frisby, Walker (Witness)

  Hubbard, Adolphus (Witness)

  Newell, Louis Hubbard (Witness)

  Smith, Adam (Witness)

  Carpenter, William (Justice of the Peace)

  Mathewy, Charles N. (Clerk)

  Gordon, William (Witness)

  Morton, Samuel (Justice of the Peace)

  Wright, Reed (Witness)

  Metcalfe, Isaac (Witness)

  Woodson, Samuel (Witness)

  Garnier, G. C. (Justice of the Peace)

  Davis, Benjamin (Witness)

  Bober, Hiram (Justice of the Peace)

  Davis, Benjamin (Witness)

  Brown, Joseph C. (Clerk)

  Myers, Meredith (Justice of the Peace)

  Miller, Henry (Justice of the Peace)

  Wright, George (Witness)