Manuscript document signed. Haywood County, Tennessee, 15 February 1854. Below with manuscript addendum signed by Plaintiff W.L. Capell and Defendant T.M. Scott. Haywood County, 21 February 1854. 4 pages.

A remarkable court order detailing the case between the plaintiff William L. Capell and defendant Thomas M. Scott. In the addendum written by the arbiter, it is revealed that the subject of their dispute is an enslaved woman named Harriet. Capell purchased Harriet from Scott, but upon his purchase, she appears to have suffered from an illness. Capell thus sued Scott, apparently alleging that he withheld her condition. The arbiter, relying on “the evidence of Dr. Henley and Dr. Anthony the highly respected physicians who examined the negro slave Harriet on the 3rd June 1852,” was satisfied that she suffered from a prolapsed uterus. He goes on to discuss at length that this ailment was caused by “ the extreme venereal excess of the negro, a habit engendered from her wanderings from place to place under the unfortunate necessity of being annually hired out as an estate negro together with the great animal preponderance as exhibited in her structure.” He further discusses her perceived promiscuity as the cause of her illness. Under his perception, “that the disease never was developed upon her up to the time of her sale”.

As a result of his findings, the arbiter ruled that the men should compromise and “that the suit in said case be withdrawn.” He gives Capel the option of retaining Harriet or otherwise arranging to sell her in Memphis. The document then goes into detail regarding the amounts to be paid to each party depending on her purchase price. The document is then concluded by Capel agreeing to resell Harriet to Scott, with the statement signed by both men.

The 1850 Slave Schedule records that Thomas M. Scott of Haywood County enslaved 10 individuals, 4 adult men, 3 male children, and 3 women. Two women were aged 18 and the third was 22. Though unnamed, one of these three women was almost certainly Harriet.

The document is unique in antebellum slave documents in the amount of discussion on a female slave’s gynecological health and her perceived promiscuity. Also in the detail of possible resolutions the arbiter contrived for both parties.





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