Nancy vs. Isaac Voteau
View original image: Page  008
[missing figure]

St. Louis Circuit CourtCircuit Court

Febry Term 1822

NancyNancy a free girl
Isaac VoteauIsaac Voteau

In the trial of this cause it
Was proved on the part of the plaintiff that between
twenty and thirty years ago the said defendant
and that are WinneWinne mother of the said plaintiff
was carried into the now state of IllinoisIllinois by one
Phebe WhitesidesPhebe Whitesides alias Prewitt. And her husband also
was there 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 was there and
for years afterwards claimed and held as their
slave there. The counsel for the defendant then re-
quired the Court to instruct the day 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
Congress of the year one thousand seven hundred and eighty seven for the government of the
territory of the United StatesUnited States north west of the
river OhioOhio which instruction the Court refused
But changed the jury that said ordinance
did in law set the said WinneWinne free if it should
appear to the satisfaction of the jury that the said
PhebePhebe and her then husband resided there with
intent to make that territory the home of
themselves and of the said WinneWinne ; and that the
said plaintiff was entitled to damages in this
form of action on the same principles

View original image: Page  009
[missing figure]
To which opinion of the court delivered to the
jury the counsel for the defendant expected and
prayed and prayed the court to sign and seal
a bill of exceptions taken thereto which is
done accordingly in open court this tenth day of march in the year of our Lord one thoudsand eight hundred and twenty two.

N. B. TuckerN B Tucker