Daniel v. John Whitesides
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St. Louis Circuit CourtCircuit Court

DavidDavid free man
vs
Jonh WhitesidesWhitesides

Febry Term 1822-

On the trial of this cause it was passed
on the part of the plaintiff that mother of the
said plaintiff was earned into the new state of IllinoisIllinois be-
tween twenty and thirty years age by one PhebePhebe Whitesides WhitesidesPhebe Whitesides
alias PruittPruitt and her husband when and where the said WinneWinne
was by then held in slavery during the space of three
or four years; that at the end of the said time of three
or four years the said PhebePhebe with her said husband
removed to the now state of MissouriMissouri and that the said
WinneWinne has been held in slavery there into the present
time. The counsel for the defendant then required that court
to instruct the instruct that a residence in the then North
west territory (now IllinoisIllinois) as above mentioned did not
render the said WinneWinne free under and in virtue
of the ordinance of the Congress of the year one thousand
seven hundred and eighty seven for the government of
the territory of the United StatesUnited States Northwest of the
river OhioOhio; and also that the law did not authorize
the recovery of more than nominal damages in this
action by the plaintiff which instructions the court
refused but charged the Jury that said ordinance did
in law sit the said free if it should appear to
the satisfaction of the Jury that the said PhebePhebe and her
husband resided there with instant to make that terri-