Pierre, a man of color v. Gabrial Chouteau
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To Cross-question 5th.- Is there any thing in the language of the treaty
of Peace of 1763 âmodifying, changing, or setting aside
any particular article of the capitulation of Septem-ber 1760?

Answers,- The Language of the treaty of peace is such as to
cede the Province, in full soverignty, to the king and
Crown of Great BritainBritain , without any conditions as
respected those in habitants who choose to remain
in it, except that they were to have the free exercise
of the Roman CatholicRoman Catholic religion, in so far as the laws
of Great BritainBritain might permit. Any article of
the capitulation therefore which was not in accordance
with the perfect sovereignty and right of legislation
of the Crown and legislature of Great BritainBritain , or was
inconsistent with the public law thereof, must have
been modified by the treaty of Peace, which rendered
all the French inhabitants, who thought fit to continue
in Canada, British subjects, entitled to the freedom
and privileges, and subject to the duties of such, and
having a right to retain and hold real estates and
chattels in all things which the English public law
allowed to be a legitimate object of property, but subject
to the operation of such public law, and to the legislative
of Parliament. By the proclamation also of His Brit-
annic Majesty, issued a few months after the treaty of
peace in 1763, it was declared that all persons inhabiting
in, or resorting to CanadaCanada, might consider in the Royal pro-
tection for the enjoyment of the benefit of the laws of EnglandEngland.

To Cross Question 6th. Did not the British Statute of the 14th GeorgeGeorge III.
chapter 83
, commonly called the QuebecQuebec act; continue
in full force all the laws and customs of CanadaCanada,
and declare expressly âthat in all matters of controversy
relative to property and civil rights, resort shall be
had to the laws of CanadaCanada"?

Answers.- No- that Statute did not continue in full force all
the laws and customs of CanadaCanada. It however declared
that, in all matters of controversy relative to property and
civil rights, âresort should be had to the laws of CanadaCanada,
but

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the term âpropertyâ used in that statute does not mean
man, or a
fellow creature; and the blacks or
panis
under the English public law, are just as much entitled
to
âcivil rightsâ as their white neighbour.

To Cross- question 7th. Are you aware of the existence of any, and what
act of the Parliament of Great BritainBritain Subsequently
to the QuebecQuebec act, regulating the importation of
slaves into the Province of QuebecProvince of Quebec? - and, if there
is such an act, or ever was one, then - when was it
repeald?

Answers,= Iam aware of an act passed by the Parliament
of Great BritainBritain in the Thirteeth year of the reign
of GeorgeGeorge the thiird (chapter 27,) authorizing settlers
from the United StatesUnited States, under a license from the
Governor, to import into the Province of QuebecProvince of Quebec,
and other places, negroes and household furniture,
with some other things, to a certain amount, free of
duty. But this act which declares that negroes may
be so imported did not declare that they should be
slaves in the Province of QuebecProvince of Quebec, otherwise called the
Province of CanadaProvince of Canada, after they were so imported:- if did
not therefore alter the illegal nature of Slavery under
the pre existing law of CanadaCanada. And, if slaves were so
imported while the Province of QuebecProvince of Quebec, or CanadaCanada,
existed as a single province, under the dominion of
EnglandEngland, they could legally, as I believe no more have
continued slaves there, than they would continue slaves
in EnglandEngland, supposing that a statute should declare
that negroes, with a certain quantity of baggage, might
be imported into EnglandEngland free of duty. It is true,
that after the Province of CanadaProvince of Canada was divided
into two Provinces, one of the divisions thereof,
namely, the Province of Upper CanadaCanada, passed an
act (the 33rd GeorgeGeorge III. chapter 7.) which confirmed, as
I have stated in a former answer, the service during
life of such negroes and others as had before been
bought or brought under licence to upper CanadaCanada,

but