Jacob Maratche, a man of color and a seaman by trade, presents to the court that he was born free on the island of "Curacoa" and enjoyed his liberty until he was captured by a privateer aboard a vessel sailing under "Carthaginian colors" and brought, with several of his companions, to the state of Louisiana. Once in Louisiana, he was put in the possession of one G. Duplantier, but was later seized by the "officers of the Customs house" as an illegally imported slave and committed to the New Orleans parish jail. Duplantier has now instituted a suit against the sheriff of New Orleans and obtained an order for Maratche's delivery to him. Maratche claims that the execution of such order will deprive him of counsel and remove from him "the means" of obtaining the necessary proofs of his freedom. He therefore asks the court permission to sue "in forma pauperis," i.e., to sue as a man without means. He also asks the court to direct the sheriff to take him into custody pending resolution of the suit and to decree restoration of his freedom and payment of damages by Duplantier.
Result: Granted.
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Repository: New Orleans Public Library, New Orleans, Louisiana
