Mary Charlotte, a woman of color v. Gabriel S. Chouteau
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1.

And afterwards pursuant to the adjournment and Notice as above
stated, on this fifth day February one thousand Eight hundred and fifty nine, before me, the said Charles A. Terroux, Commissioner as
aforesaid, in the Office in the city of MontrealMontreal, of the prothonotary of the superior
Court for Lower CanadaCanada, personally appeared the before_ named Attorneys
and Agents of the said parties, together with the Honorable WilliamWilliam
BadgleyBadgley , one of the Judges of Her Majesty's Superior Courts for
Lower CanadaCanada, to be examined as a witness on the part of
the Plaintiff: and thereupon the Witness was by me duly sworn,
and his examination was proceeded with, as follows.___

First: What is your name, age and profession, where do
you reside, and how long have you resided in CanadaCanada?

Answer:_William BadgleyBadgley aged fifty seven years,
a lawyer by profession, now a Judge of the superior
Court for Lower CanadaCanada,__at present, and since my
birth, with occasional intervals, a resident of the City of MontrealCity of Montreal .

Second: What judicial or other public situations, or Offices,
have you held in CanadaCanada,_ during what periods did
you hold the same respectively,_ and were you ever a
member of Parliament of the present Province of CanadaProvince of Canada,
or of the Parliament of either of the Sections thereof for
[ merly ] known, respectively, as Lower CanadaCanada, and
upper CanadaCanada?

Answer:_ From 1840 to 1847, in the judicial Office
of Commissioner of Bankrupts at MontrealMontreal, and
also Circuit Judge during the three latter years of that
period; from 1847 to 1855, a member of the Parliament
of CanadaCanada, and in that interval, from 1847 to 1848,
Attorney General for Lower CanadaCanada;_ since 1855, a
Judge of the Superior CourtSuperior Court for Lower CanadaCanada.
Third

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2.

Third: Are you well acquainted with the laws which were in
force in CanadaCanada, or La Nouvelle FranceLa Nouvelle France, while it was a
Colony of France?

Answer:_ Professional and Official pursuits and duties
required my becoming acquainted with the laws of French
Colonial CanadaCanada.

Fourth: Was the slavery of Negroes, or other persons, recognized or
allowed, either by the public law of FranceFrance or by any other
law of local application in CanadaCanada or La NouvelleLa Nouvelle France
FranceLa Nouvelle France, while it was under the dominion of the French
Government?

Answer:_ Slavery was not tolerated in FranceFrance, either
by the public or the municipal law;_ on the contrary it
was repugnant to all the known, recognized maxims, usages and jurisprudence, which consituted the State,
and characterized a Kingdom in which uniformity of
fundamental law prevailed. Slavery ans Serfdom, of
every description, were finally, and absolutely, abolished
in FranceFrance, by the Edict of Louis the Tenth, written, in
1315; and the last slave sale in that country was that of a
Jew, in 1296, for three hundred livres. (Guyot's Repertoire
de Jurisprudence, vs Esclavage). The Franch legists
unite in considering the question of freedom as an elemen.
tary principle of French jurisprudence. "Nous ne connois-

=sons point d'esclaves en FranceFrance; tous les hommes y sout libres.â
"En FranceFrance, par un long usage qui a force
de loi,les esclaves deviennent libres dès qu'ils ont le bon-
heurd'y entrerâ âOn ne convoit point d'esclave en
FranceFrance, et quiconque a misle pied dans ce RoyaumeRoyaume est
gratifié de la liberté. â(15, Causes Célebres, p.30.) âAinsi
la liberté a régné dans ce RoyaumeRoyaume avec tout son
éclat, et de telle maniére que dés qu'un esclave y a mis
le pied, il y acquiert la liberté: tous les auteurs attestent
que