Gabriel S ChouteauGabriel S Chouteau , Defendant
The Honorable SamuelSamuel GaleGale , of lawful age,
being produced on behalf of the plaintiff, was sworn
and examined, and deposeth as follows:-
To Question 1st- What is your name, and your profession, and where
do you reside?
Answers,- My name is SamuelSamuel GaleGale ;- I am one of the
Justices of the Court of Queen's Bench for the DistrictDistrict of Montreal
of MontrealDistrict of Montreal in the ProvinceProvince of Canada of CanadaProvince of Canada;- and I reside
in the city of MontrealMontreal.
To Question 2nd.- Do you know the parties, and are you interested in
the event of this suit?
To Question 3rd.- How long have you resided in CanadaCanada, and are
you well acquinted with the laws and usages
of that country?
Answers- I have resided in CanadaCanada for upwards of
fifty years, and am acquainted with the laws
and usages of that Country.
To Question 4th- How long have your been a Judge of the Court of
Queen's Bench for the District ofDistrict of Montreal MontrealDistrict of Montreal and how
long did you practise the law before you were
raised to the Bench?
Answers.- I was appointed one of the Justices, or Judge, of the
Court of King's Bench in the year 1834, and have
held my appointment from that time as Judge
to the present day, originally as judge of the Kings
Bench, and subsequently as judge of the
Queen's Bench, that is to say of the same court under different
applications;- I had practised the law twenty six
years before I was called to the Bench.
To Question 5th.- When did CanadaCanada pass from under the dominion
of the French Governemnt, to that of the British
Answers,- The Conquest of CanadaCanada was effected by the
British Government from the French
and the definitive cession of the Country from the
latter Government to the former was established
by the treaty of peace concluded between those
powers in February 1763.
To Question 6th.- Was slavery of negroes, or of other persons recognized
and allowed by law in CanadaCanada, while the country
was under the dominion of the French Government?
Answers.- I belive that a modified system of slavery
respecting negroes, and some others, was de defacto
exercised in CanadaCanada in various instances while
the country remained under the French dominion
but I cannot undertake to say, that such
exercise of slavery was justifiable under sufficient
ligitimate enactment, and a correct interpretation
of the laws as they then stood;- my opinion is the
To Question 7th. Did any and what charge take place in the laws
of CanadaCanada when the Country came under the dominion
of the British Government, and what was the effect
of such change â firstly, in regard to negroes and
PanisPanis then in existences and secondly in regard to
PanisPanis subsequently born in the County?
Answers,- Several changes took place in the law of CanadaCanada
when the country came under the dominion of the
British Government. Among others, the rights of
the subjects or inhabitants became more extensive,
and the British public or national law and
rights superceded the French. The legal &
effect of the changes would, in my opinion, have
per se (unless barred by direct stipulations
to the contrary,) to extinguish slavery, and put an
and to any pretended right of man in his fellow
creatures as forming part of his goods, chattls, or
property, and would have extended (stipulations