Aspasia, a free woman of color vs. Francois Chouteau, Pierre Menard
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In the circuit court
3rd judicial circuit
November term AD 1828.

AspasiaAspasia
vs
Pierre MenardPierre Menard

Be it remembered that on the trial
of the above cause it was proved that AspasiaAspasia
the plaintiff in their action is a mulatto and
was born subsequent to the passage of the ordinance
entitled âan ordinance for the government
of the territory of the united states north west of the
river OhioOhio passed by the Congress of the UnitedUnited States
StatesUnited States on the 13th day of July in the year 1787 of
a negro woman in the village of KaskaskiaKaskaskia in
the late north western, then IndianaIndiana Territory and
now state of IllinoisIllinois that the mother of the said
plaintiff was owned and held in slavery by a French inhabitant of the aforesaid village of KaskaskiaKaskaskia whowas a citizen of the same before the conquest of the country by VirginiaVirginia
and afterward and that the plaintiff was born of such mother
while as held in slavery and was herself raised and held
there in slavery from her birth till some time in
the year 1821 when she was purchased by the deft
Pierre MenardPierre Menard of the same village by him
immediately given to his son in law Francois Choteau then and now living in the town of St. LouisSt Louis state of MissouriMissouri who claimed and held in
slavery as his property till the 10th day of December in the year 1827 when the said FrancoisFrancois Chouteau ChouteauFrancois Chouteau
returned her in consequence of the claim
she made to her freedom, to the said Pierre MenardPierre Menard
who at the time of the commencement of
this saith and now claims her as his slave that the
mother of the said plantiff has a negro woman
slave owned and held as such in the town of KaskaskiaKaskaskia
aforesaid before at and after the passage of the
ordinance aforesaid and no other evidences was
given on either side and the case being tried by the court neither party requiring a jury where upon the deft moved
the courtto instruct the jury decide

1.That if they find from the testimony that the
mother of the plantiff was a negro woman & was legally held in slavery
and at and after the date of the ordinance passed by the congress of
the UnitedUnited States StatesUnited States on the 13th day of July 1787 - entitled "an ordinance for the government of
the territory of the united states north west of the
river OhioOhio" at the village of KaskaskiaKaskaskia and the plantiff
was born of such mother subsequent to the
passage of the ordinance aforesaid and at the village of KaskaskiaKaskaskia she the plantiff
aforesaid is not entitled to her freedom ; which instruction

2.the court refused to give to which refusal the deft
by his counsel excepts.
The deft also moved the court to instruct the jury
that if they find from the testimony that the