Affidavit of CA Stovall, filed March 29, 1858
03/29/1858
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Transcript
United States of AmericaDistricts of California [illegible abbreviation]
Charles A. Stovall
being duly sworn says on his oath that he is the identical person who now claims a certain negro slave called Archy, in the matter of which claim proceedings are at this time pending before Hon. George Penn Johnson United States Commissioner for the Districts of California. Affiant says that he makes this affidavit in explanation of the original affidavit filed in the present proceedings.
He says that it is true that he was the owner and lawfully entitled to the possession, of said Archy in the state of Mississippi. That under and by virtue of the laws of said state said Archy was held to labor and service in said state
That some time in the month of January AD1857, said Archy did commit a crime against the laws of said state of Mississippi viz, Said Archy did stab a white man whose name was Smiley, with a certain knife, with a felonious intention and said stabbing was done in the County of Carroll, and it is true that because of said offense, said Archy did flee from that said state of Mississippi,
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and in explanation of that portion of Affiants affidavit wherein it is charged that said Archy “escaped into the state of California” he says that he was advised by his counsel that the acts and facts hereinafter stated did constitute an escaping into this state. He says that the said acts and facts are as follows, and are true of his own knowledge.
After the commission of the offence aforesaid, and after the leaving of the state of Mississippi by said Archy as aforesaid, and when said Archy was absent from said state, and affiant did not know his whereabouts the affiant on the 16th day of April AD1857, started across the plains to come to California for the benefit of his health, and without any intention of remaining in California or of making it his home, and he says that at the crossing of the North Platte river about eight hundred miles from the line or border of any one of the United States, and while affiant was enroute for California as aforesaid, he came up with the said Archy who seemed also to be enroute
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for California, and then and there affiant immediately took said Archy into his custody for the purpose of removing him thence to the state of Mississippi, and to the service which said slave there owed. Affiant says that he was traveling in company with other persons and that it was impossible for him to have turned back and by any other route to have carried said slave back to Mississippi even if he had so desired except via California, And affiant says that from that time he kept and detained said slave in his custody for the purpose and with the intentions of removing him to the said state of Mississippi; and affiant says that at Carson valley his team of cattle had become so enfeebled that they were unable to cross over the mountains to California, and he was compelled to leave them in Carson valley. He had no other stock or cattle except the work oxen, which were necessary and were used in his team. After affiant so left his cattle, he came on into California, bringing with him his said slave Archy, and having been compelled to so leave his team and not being
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possessed of sufficient means he was unable to pursue his journey and was compelled to stop for a time in this state, and during such time said Archy became sick and was confined to his bed, and affiant for some eighteen or twenty days was compelled to remain with and take care of said Archy who was wholly unable to proceed in his journey, and affiant says that after the recovery of the health of said Archy, and in less than three months after his first arrival into this state he proceeded on board one of the steamboats leaving Sacramento for the city of San Francisco, with his said slave Archy, for the purpose of removing his said slave by the ocean steamer leaving said city of San Francisco, on the 5th day of January AD1858. for the Atlantic states, to his said home in the state of Mississippi, and after he had so placed said slave on board the steamer aforesaid, said slave without affiants knowledge or consent again escaped, and still remains in this state affiant pursued as speedily as possible and recaptured
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said slave and now demands his removal to the said state of Mississippi and says that said slave still owes service to [and?] is the slave and property of your petitioner, and that such service is due in the state of Mississippi. Said slave Archy is the identical person now before said Commissioner and who owes such service C. A. Stovall
Subscribed and sworn
to before me this 20th day of March AD1858
D. B. Hempstead
Notary Public
[cover of affidavit]
In the matter
of
Acrhy (A Slave)
Affidavit
Of C.A. Stovall
Filed March 29th
1858._
Geo: Pen: Johnston
U.S. Commr
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 295965
Full Citation: Affidavit of CA Stovall, filed March 29, 1858; 03/29/1858; Records of District Courts of the United States, Record Group 21. [Online Version, https://www.docsteach.org/documents/document/affidavit-of-ca-stovall-filed-march-29-1858, April 23, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.