Pierre, a man of color v. Gabrial Chouteau
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No. 1. C B
Ex
1 Gabriel S. ChouteauGabriel S Chouteau vs.PierrePierre (of Color.)

Appeal from St Louis Circuit CourtCircuit Court

ScottScott Judge, delivered the opinion of the Court.

This was a suit for freedom, brought
by PierrePierre against ChouteauChouteau , in which a Judgment was
rendered for PierrePierre , to reverse which this appeal is prosecuted.

The petition of PierrePierre sets for the that
his mother RoseRose , was a negress, and was born in MontrealMontreal
in Lower CanadaCanada, about the year 1968. That in the year
1791. or there abouts, his mother was taken from MontrealMontreal to
PrairiePrairie du ChienChien , in the North West Territory of the U.S.
by one Stork, where she remained until his death, in or
about the year 1794, rendering service to him and his
family. That about the year 1795AndrewAndrew ToddTodd , took
RoseRose , his mother from PrairiePrairie Der ChienChien , and brought her to
St LouisSt Louis, where she was sold in October of that year, to one DidierDidier , a priest, and in August 1798, she was
sold by DidierDidier to AugusteAuguste Chuteau, with her two children
DidierDidier conveyed the slaves to ChouteauChouteau without warranty
of title, though ToddTodd conveyed to DidierDidier with warranty. That which his mother was in the service of ChouteauChouteau , she had
several children amongst whom was the petitioner. That
after the death of A. Chouteau, the petitioner came into the
possession of the plaintiff in error. G. S. ChouteauS Chouteau by whom
he is held in slavery.

PierrePierre based his right to
freedom on two grounds, first. that his mother
RoseRose , was born free being a native of a British province
in which slavery was not tolerated; Secondly, that
if his mother was a slave, by his residence at
PrairiePrairie Du ChienChien , she became free, by virtue of the
ordinance of 1787, for the government of the North
Western Territory.

On the part of PierrePierre and was
in , conducting to prove, that RoseRose was a slave

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or servant, and her residence at the MackinawMackinaw and Prai-
rie Du ChienChien , about the time states in the petition. During
the period of Rose's, delution at PrairiePrairie Du ChienChien , that part
was in the possession of British subjects. It was shown
in evidence that PierrePierre was born in St LouisSt Louis. A conveyance
of RoseRose , who it appears was acquired from the representatives
of the estate of JoshuaJoshua Stock, dated Oct. 1795, and executed
by AndrewAndrew ToddTodd , a merchant of MontrealMontreal in CanadaCanada,
to one DidierDidier , a Curate of the Parish of St. LouisSt Louis, was
read in evidence, also a conveyance of RoseRose and her two children
made by DidierDidier to A. Chouteau. This conveyance was dated
in August 1793.

The defendant below gave evidence, tending
to show, the actual existence of Slavery in CanadaCanada, in the
year 1786. That slaves were recognized as property, and
subject to be sold. That RoseRose , the mother of PierrePierre was
sold as a slave in CanadaCanada. Treaty and documents relative to the occupation of the North Western posts
by Great BritainBritain , were read in evidence.

The Court excluded from the con-
sideration of the jury, all the evidence tending to prove the exis-
tence of Slavery in CanadaCanada, to which an exception was
taken.

The following instructions asked by the plain
-tiffs in error, were refused by the Court. 1st That the facts
that the mother of the plaintiff was born and held as a slave in
CanadaCanada, and was at MackinawMackinaw and PrairiePrairie Du ChienChien , which
those places, continued in the possession of the British Government
do not, nor does either of them, entitle the plaintiff to his freedom-
2nd If the jury find from the evidence, that slavery existed
in CanadaCanada, that the mother of the plaintiff was there
held as a slave, the fact of her residence in CanadaCanada, or other
places, at the time, to the possession of the British Government,
and before the surrender on of these places, does not entitle the plaintiff
to his freedom. Exceptions were taken to the referral of
these instructions.

The court instructed the jury, that slavery
or involuntary servitude, never did exist in either of the Canadas. An exception was taken to the giving this instruction.

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