Pierre, a man of color v. Gabrial Chouteau
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the United StatesUnited States extending in the mean time, at their
direction their settlements to any part within the said
boundary line except within the precincts or jurisdiction
of any of the said posts. All settlers and traders within
the precincts or jurisdiction of said posts, were to continue
in the unmolested enjoyment of all their property
of every kind, and be protected therein. They were to be
at full liberty to remain there of to with all or
any part of their effects, and they were free to sell their
homes, lands or effects, or to retain the property thereof
at their discretion, of them a to reside in
the said boundary lines were not to be complelled to become
citizens of the United StatesUnited States, or to take any oath of allegiance
to the government thereof, but they were to be at full liberty
to do so if they thought proper, and they were to make and declare
their election within one year after the evacuation aforesaid.
On the seventh December 1796, General WashingtonWashington
then President of the United StatesUnited States in a speech addressed to
the two houses of CongressCongress , informed them that the period,
during the late session, at which the appropriation
was passed, for carrying into effect the treaty of amity. Commence, and navigation, between the United StatesUnited States and
his Britania Majesty, necessarily the
reception of the posts stipulated to be delivered beyond
the date assigned for that event. As soon however, as
the Governor General of CanadaCanada, Could be addressed with
properity on the subject, arrangements were cordially,
and promptly concluded for their evacuation, and the
United StatesUnited Statestook possession of the principal of them, com-
prehending, Oswego Niagara, Detroit, [ Michilmackanae ], and Fort Miami: American State papers page 30,
Vol. 1. Title, Foreign Relations.

Then it appears, that the North
Western posts were not until after 1st June 1796surren
-dered by Great BritainBritain , that her subjects within
them owed no allegiance to our Government, that they
were protected in the enjoyment of their property, and
that the United StatesUnited States restrained themselves from extending

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their jurisdiction within the said posts or precincts, until
after the period assigned for their surrender, then clearly showing
that before that period, they claimed no jurisdiction in the
said posts or precincts. The foregoing provisions of the treaty
of 1794, clearly that the ordinance of 1787. for the
Government of the North Western Territory, never
had any force or validity in the posts or precincts occupied
by Great BritainBritain . It appears the Mother of the plaintiff
PierrePierre , was taken from PrairiePrairie DuChien to St LouisSt Louis,
before the period assigned for the surrender of the posts,
and that during her detention at that placed, it was
in the possession of British Subjects. Then she never
Could have acquired any rights under the ordinance of 1787,
and consequently the instructions asked by the plaintiff
in error, should have been given.

Judgment reversed and Cause Remained.