contract could not operate to effect his eman
cipation untill the
entire payment of the money
4th
there is no evidence before the jury
of any
act of any one of the successive
owners
of said JohnJohn Merry MerryJohn Merry , which can in law amount to
an emancipation of said
John:
To the giving of which said instructions to the
jury, the
plaintiff by his counsel objected; but
the court overruled the
objection and gave
said instructions to the jury.
The plaintiff by his counsel there proved the
court to give to the jury
the following instruc
tions, to cuit:
1st that if the jury believe from the evi
dence, that John the plaintiff
was born in
the now state of IllinoisIllinois, subsequent to the
passage
of the ordinance passed by the congress
of the United StatesUnited States
on the 13th day of July, 1787, for the
government of the Territory of
the United StatesUnited States, Northwest of the
River OhioOhio
that they ought to find for the plaintiff.
2nd If the jury believe from the evidence
that the plaintiff contracted
with Louis Pin
coneau in the state of IllinoisIllinois, for his freedom
and was set at Liberty by said Pinconeau
in pursuance of said
contract, that they
ought to find for the plaintiff, unless
they
also find that said plaintiff was not to be
free till all the
purchase money to be -
given by
said contract for his freedom was first
to be
paid.
3rd That unless the jury believe from the
evi
dence that John the plaintiff or some of his ma
ternal
ancestors were held in slavery in
the
now state of IllinoisIllinois before or at the time of
the passage of
the ordinance passed by the -
congress
of the United StatesUnited States on the 13th July
1787 for the government of the Territory of
the United
StatesUnited States northwest of the River OhioOhio, by
a French or Cannadian or
inhabitant or inhabitants
St Vincents, or the neighboring villages who processed
him, her or themselves a citizen or citizens of
the State of VirginiaState of Virginia at or previous to the passage
of said ordinance, that they ought to find for
the plaintiff. To the giving of the said instruc
tions prayed prayed for by said defendant and re
fusing to give to the jury the said instructions
prayed for by the plaintiff, and to all of said
decisions of said court, the said to paintiff by
his counsel excepts, and praying the courts that this his bill
of Exceptions may may be allowed, signed and seated
for a testimony, by the Judge, and be made a part of the record
in the proceedings of this cause, which is
done accordingly
WillWill . C. CarrCarr


