On April 13th 1865, Higdon R. Jarrett filed suit against Joseph T. Morton for not fulfilling a contract he had entered into for the exchange of two slaves. The exchange took place so that the slaves could remain with their families.

Col H. [Higdon] R. Jarrett and Col [Joseph T.] Morton had made a settlement of the difference between them in regard to the swopping of their negroes, Green [Greene] & Wyatt, & that Morton had given up to him Jarrett the note he held against him as payment of the difference in the terms of the use of said negroes & Jarrett told Morton there were some credits on said note which he had forgotten when he agreed to take the note, as a settlement of the transaction. Jarrett told Morton that he must pay him something more –since he had discovered there were credits on the note he had forgotten – but if Morton would pay him the amount of these credits he would then be satisfied
– Higdon R. Jarrett vs. Joseph T. Morton, 1865-1868. S/F 32, Greene County Archives and Records Center, Springfield, Missouri, Deposition of John H. Miller, pg 2.

The situation became even more complicated when Joseph T. Morton’s son, John A. Morton, entered a trade agreement on January 1862, with Mr. Jarrett without the consent of his father.1 John Morton agreed to exchange the slave, Wyatt, back to Jarrett in exchange for the slave, Greene. As his testimony revealed, John Morton believed the arrangement he had negotiated was in error, stating that he thought his father would have preferred that he had not made the trade.2 However, John Morton explained that he made the exchange in an effort to save Greene’s life, which was threatened since he had given information of some brandy a neighbor of Jarrett’s, Mr. McCraken, had to some soldiers, who then threatened McCraken to obtain the liquor. Joseph Morton, his son John, and Greene all returned to Arkansas, but a month after arrival Greene ran away and went back to Missouri. John Morton returned to Springfield, Missouri in September of 1862 and took Greene back into his possession. Morton stated, “I moved out to father’s farm—I took Greene with me when I moved out to the farm—Greene was shot & killed.”3

Wyatt Jarrett, one of the slaves involved in the dispute, testified in court on Jarrett’s behalf. Before the Emancipation Proclamation slaves were considered property and therefore, had no legal standing in the United States. Jarrett’s case showed the change within the legal system, which allowed for African-American testimony to be, submitted as valid evidence in legal proceedings.4

The way the swap was My master [Higdon R. Jarrett] was to Keep Greene [Green], and Mr [Joseph T.] Morton was to Keep me until Mr Morton came back to this country – And it was also agreed that when Mr Morton came back, That if Greene & Myself wished to stay as the swap then was, we could do so, if not we could go back to our old homes – My Master H.R. Jarrett & Mr J.T. Morton, made a swap & swapped back again, the way I understood it – that is, my Master H.R. Jarrett, swapped Greene back to Mr Morton for me – Mr J.T. Morton the deft told me that he & Mr H.R. Jarrett, had swapped me back to Mr H.R. Jarrett, for Greene.
– Higdon R. Jarrett vs. Joseph T. Morton, 1865-1868. S/F 32, Greene County Archives and Records Center, Springfield, Missouri, Deposition of Wyatt Jarrett, pg 2

Higdon R. Jarrett submitted his testimony to the court and explained that he was just seeking the difference between what he and Mr. Morton had agreed upon and what he was actually paid. However, he did not want payment in Confederate currency. It was virtually worthless and could be purchased for 10¢ on the dollar.5

The entire case hinged on Wyatt being profitable to Mr. Morton. Morton informed Jarrett that he would “pay him what was right” if Wyatt made him any money in Arkansas.6 Unfortunately, only worthless confederate currency was in circulation and since Morton was unable to find work for Wyatt that paid more than it cost to feed and clothe him, he did not believe he owed Jarrett any money because no profit was made. So, Jarrett brought suit against Morton to regain some of his financial losses.

Jarrett though appeared to try and receive double payment from Mr. Morton by settling the dispute outside of the court system, but then sued Mr. Morton over the same business deal. Once the judge became aware of this transaction he reversed the ruling of the court and dismissed the case stating “that if the plaintiff intended to rely on the action he brought in the Court he should have rescinded the Compromise entirely and returned the 50 dollars… he cannot bring this action whilst he recognizes the Compromise by keeping the 50 dollars. Judgment reversed and cause remanded.”7

This is a very confusing court case and the accuracy of the events that happened is questionable. Disputes over slave contracts and trades were common. They increased after the slaves were freed because many owners faced a significant loss in equity.8

Contributed by the Greene County Archives and Records Center

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1. Deposition of John A. Morton ,Higdon R. Jarrett vs. Joseph T. Morton, 1865-1868. S/F 32, Greene County Archives and Records Center, Springfield, Missouri, .
2. Higdon R. Jarrett Testimony. Dec. 1, 1866, Greene County Archives and Records Center, Springfield, Missouri.
3. John Morton Testimony. Dec. 1, 1866. Greene County Archives and Records Center, Springfield, Missouri.
4. Melissa Milewski, “From Slave to Litigant: African Americans in Court in the Post-Civil War South,” New York University, http://www.blackpast.org/?q=perspectives/slave-litigant-african-americans-court-post-civil-war-south
5. Higdon R. Jarrett Testimony. Dec. 1, 1866. Greene County Archives and Records Center, Springfield, Missouri. Pg 12.
6. Higdon R. Jarrett Testimony. Dec. 1, 1866. Greene County Archives and Records Center, Springfield, Missouri, Page 11
7. Higdon R. Jarrett vs. Joseph T. Morton, 1865-1868. S/F 32, Appeals, Dec. 1, 1866. Greene County Archives and Records Center, Springfield, Missouri.
8. The Civil War and Emancipation, “Africans in America”, PBS.org, http://www.pbs.org/wgbh/aia/part4/4p2967.html