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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
for
Seventeen hundred and ninety one, the said
removed from
in the North western Territory of the
of the
his slave until his death, Some time in the Year
that she is informed that after the death of said
Stork, She was
Mr
an
North west of the river
1787-
as such slave, to one
Your petitioner further States that from the
death of the
of the
as
took
above named.
Your Petitioner therefore prays that she may be
permitted to sue as a
her
will make an order that she have reasonable liberty
to attend her Counsel and the Court and that she shall not
be subjected to any severity on account of her application
for freedom, nor
of the Court
person
and
and it is ordered that she shall
be not removed out of the
and that she be not subjected to any
of her application for freedom
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Executed the above order in the
known the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
complains of
defendant of a plea of
For that the said defendant on the
the County aforesaid with force
an assault
plaintiff & then & there
& ill treated the said plaintiff &
then & there imprisoned her the said
plaintiff & kept & detained her in
prison there without any reason or
probable cause whatsover for a
long time towit for the space
of ten hours
& against the will of the said plaintiff
before & at the time of the committing
of the above
tiff was & still is a
& that the defendant held & still
holds her in slavery,
to the said plaintiff then & there
did, against the peace & diginty
of state & to the damage of the
said plaintiff of 500,
& thereupon she
Declaration in
Damages
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to
be found in your County,
before the Judge of our
held at the
of
of a plea of
to the damage of
dollars: And have you then there theis writ.
appeal dismissed by
23p309
23p313 Motion to
the
Ad
Oct J 58 Jany 4-159
It is
lotte be allowed to
establish her right to freedom
assign
Counsel & that said
Counsel & the Court as
that she be not subject to any
Executed this writ in the
1843
=ration to
defendant which he refused to hear
and sworn
March
entered into 3 bill of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said
defend by his attorny comes & defends
the force & injury when & G & says
that he is not guilty of the
pass
charge & of this he puts himself upon
the county &
and for a further place_ the said
defendant says that at the time
were
a slave & this he is ready to
by wherefore he prays
&
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depostions for Defts
not marked paid or
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Know Ye, that we, in confidence of your prudence and fidelity, do by these presents au-
thorize you to cause to come before you, to be examined as witnesses in a cause depending in
our
is
and every such person, and at such time and place, as shall be named to you for that purpose by
the said
Attorney or Agent. And we command you to examine all and every such person upon his oath
or solemn affirmation first made or taken before you, to testify the whole truth touching his
knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. When you shall
have so taken his examination, you are to cause the witness to sign the same, and to that and
each examination, at the foot thereof, you are to append your certificate, setting forth the facts
that the examination was subscribed and sworn to or affirmed by the witness, and the day, as
well as between what hours of the day, on which it was done, as also the place of residence of
the witness, if known to you. Should any paper or exhibit be produced or proven, or be referred
to by the witnes, you are to describe the same in his examination, or cause it to be so marked
by him, as to establish its identity, and attach the same to his examination. The examinations
thus taken you will cause to be accompanied by a certificate of your official character, attested
by the seal of State; or should it be more convenient, such authentication and proof of your offi-
cial character may be made by the certificate and seal of the clerk of any court of record of any
county of the State, District or Territory in which you reside, stating also in addition to the facts
of his being clerk and that the Court is one of record, that at the time when the depositions
were taken you were an acting judge, (or other such officer to whom this commission is address-
ed,) and duly commissioned as such. And you will return the same and all exhibits produced to
you, annexed hereto, carefully closed up and under your seal, directed to the clerk of the
endorsed thereon, with all convenient speed.
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You are hereby notified, that Depositions of Witnesses to be read in evidance in the above cause,
on the part of the
of
in the County of and
day of
afternoon: and that the taking of said depositions, if not completed on that day, will be continued
from day to day at the same place and between the same hours, till completed.
Duncan &
attys,
&
copy as legal notice
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Deposition of
at the
before me
Town of
on the part of the Defendants.
province of
and eighty six
previous thereto, there was in that
and
slaves_ They were generally employed about the
house, and treated in the
slave
any particular
sold, but at the death of
in his
I
Township of
the
=kia in
who was by me sworn to testify the whole truth of his knowledge
touching the matters in controversy in the cause aforesaid
that said deponent was examined and his examination
=
eighteen hundred and forty three
the forenoon and six in the afternoon of that day & is now
Given and certified this
eighteen hundred and forty three
I
the
that on the
hundred and forty three
for the Township of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are herby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
of May
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Executed
on 3rd St
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
for Plff
Excuted the
1844
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
8
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
at the
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Executed
fee $ 1.12 1/2
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to attach
by
the Judge of our
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said
plaintiff, and
the said
on the part of the said
attachment
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to attach
by
the Judge of our
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said
plaintiff, and
the said
on the part of the said
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
If the
that that it is doubtful who
by the
to the
policy of
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If they believe from the
the existence of
find for the plaintiff.
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If
North Western
would have no effect upon her
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If the
the
exist in said
laws of that County as
for the plaintiff.
2. If they believe from the testimony that the plaintiffs
she became free by operation of law and they will
find for the plaintiffs.
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3.
Chain - in. both: in the North Western
the
prohibited by The Ordinance of
gress passed
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If the Jury believes from the
is doubtful
to find for the plaintiff on that account,
as the law of
of proof on the plaintiff to make out
her freedom
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1. If the jury
that during the time Rose__ the
resided or remained in the
by positive law, or by the usage &
practice of the inhabitants of that
they will find the issue for the plaintiff
the Evidence that during the time said
was held in slavery or involuntary
2 If the jury believe from the Evidence that
was held in Slavery or involuntary
that afterwards she was
& there held in such
the possession of
Military
-ished
in such
free by operation of lord -
jury will find for the plaintiff_
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
4 If the
blacks were actually held in slavery in
time where
held & claimed as a slave there, the
that she was a slave.
5 If the
were actually held in slavery in
the time when
was held & claimed as a slave there, the
are
forbidding slavery there.
6 That the plaintiff has not given in evidence
any law forbidding negro slavery in
and the
7 That a law forbidding slavery in
if any
plaintiff is
her case
given.
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And now the said plaintiff
by her Attorney,
suit, & grant a new trial for the following reasons
2nd Because the verdict was against, the weight of evidence,
3rd Because the verdict was against the Law & Evidence
4th Because the Court refused evidence of the
plaintiff to be given to the jury which should have
been given
5th Because the Court allowed evidence to be
given to the jury for the deft which should have
been refused
6 Because the
were not in
7 Because Instructions given by the Court were
8 Because instructions asked by the plaintiff
were refused, when they should have been given
9 Because instructions were given for the
defendant which should have been refused,
10 Because the Court refused,
ed the application of the
plaintiff,
or traders residing within the
hold a slave in
when & where American Citizens were
1st 2nd
ting aside the
verdict & granting
new trial, for
reasons, filed
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And the said
lotte plaintiff prays an
the decision of the
County in the above
the
And thereupon the said
makes oath & says, that she believes
in this case & that she does not appeal
for
justice may be done.
with affidavit
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Be it remembered that at
the commencement of the trial of the above
entitled suit,
on behalf of the plaintiff, who being
sworn
suit, that defendant held plaintiff as a slave
that he knew
the time thinks it was in
quently there, it was in
there in 93, She (
house of
claimed her dont know,
there 2 or 2 1/2
belonged to never knew her any where else, per
haps he was there in 95
94 or 95
Witness
when 20 years old & has not
in
a
slave there or not cannot tell,
eral blacks there,
know an instance where
this was in 1787 -82 - 54 6 - 7, travelled
through that Country, with his father
bought slaves in
on this side of the
were deposited close by the
did not take the negroes into
in
First time witness left
cause to this Country,
for this Country. Did not know of the
of Slavery in
held as a
sided
there when 20 years old in 94, was
acquainted with the Country, would not say
he was will acquainted with the Country,
remained there from 91 to 94 did not pay
any
if it was as general there as
have known it
have known it saw
he stopped there
Was at
father took
are there
to his (witness) sister residing then,
then, the other
among those six were the two he bought at
with the girl was 13 years old sister lived
in
in
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Saw
her from
to his knowledge
brought from or any thing about it never
The girl mentioned before as being
by his father
was given to her in
her,
know girl was not with her in
nothing about acts of Father & Sister aforesaid girl
he was
year
had
here one
& he then
dont
did not go out much, knew
her at
once only - & saw her at
Saw
Mr. Stork who was a
him here, employes
was Cook, Cannot say the year he saw her
he saw her at
see
any other negro residing there. Dont know
anything of
bought & sold they;
had been there he had knowledge enough
to have known it, but never
Knew a slave of
principal place but
a large place, cannot answer whether
is
the person he had seen at
seen
& plt was always
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There was no fort or
there were no English
there was no English pass there, nor with a
hundred
he knew of was at Rock
There were English
was an english post.
At another time when he was there several
When he saw
have been twenty one or twenty two years old,
the English were then in
& made
troops
& back to
2.
& came back to
Was not for from two years from
saw
was
at all.
he was
lived in
knew something of
has seen negros there two or three but were
not
of Slaves there, saw but few
2, 3, or 4, would have known it if there had been
or free, but they
then in
she was not from his part of the
was in
County. Stopped there 7 or 8 day saw
to
Did not travel far while living at
only in
young
a
3
what he was there law no blacks there;
the first
to
there_
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that he had lived in
years ago & was then 20 or 21 years old,
raised in
sons
of any such thing he
thing spoken of there if it had
there he should have known it, as he went
sometime a
were free, nobody
& that they were there when he left
igrates
to
he was
in
23 years old when he left
much about laws
no
there, did not know what it was till he
came here, travelled through the whole of
there would have known it never
his
there who worked about as he did & were
knew
plaintiff passed as daughter of
where
Did not know all persons of
from one end of
Did not go through
went through
never went through
was well acquainted with
but
from
& eighteen leagues some other way
Three
was
of the County traded in those places.
it
understood she was brought from
somebody said she was brought from
dont know when she was bought there to
Stork spoke with
groes
like
siding at
kaskia
an
of
was read by
also a
of which was seant by consent
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Plaintiff then offered by counsel
tory
therewith in two
the preface to first paragraph on 288th
which way by
Plaintiff counsel then officed to read from the
2nd
ing
Court
Second Vol. to which decision of the Court
ception
which
be offered before the supreme Court, as if it were
a part of this record
And here the plaintiff closed his case
The defendant then by his
evidence the
to the
on the day of
of Amity Commerce &
his
ica, signed
by
they may
(
that he was 74 years old born in
ada,
20 & 21 years
had four slaves Major
Cannot recollect them lived opposite
does not know the
from 20 to 30 years old. Saw them frequently
for 10 or 12 years in the
was acquainted with them & was every day in
the house for
elled
till he came
sold them in
persons there, not many, some; but cannot
tell their condition employed in the house as
domestic servants, had seen them in other
ses
than three, unwilling to
always thought they
of acting, dont know whether any
the
more white persons in some situtation there,
many of them
Understood from childhood negros will salves
did not know any thing about law there then
never infounded himself
was
there with
Dont know whether they
or bound or slaves, it
them as his, never
were slaves
condition, knew they were Slaves
they were always there at
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
the house, does not know whether they
were
rant
before or after he was there, was
other Country but
father & mother made a
was too much a fool for
were
same duty as whites. Mayor
the Army too.
Officer, There were otheres who
employed about the house but does not
4 recollect their names,
as
5 Concluded those negroes there were slaves after
he came to this Country an account of
ing,
witness for defendant testified &
Madam_____
the witness
afterwards next time
changed for a
knew other slves there, every body knew
them as slaves of their
Clop &
6 Her
these slaves, knew no other slaves there for
people prefered to be waited on by people of their own
Was going on twenty four years of age when
she left Canada, Husband & four children
came with her.
According to her knowledge about 7 or 8
years before she left
icans cause there
the offices belonged to the
there then the blacks living with
& Campbell were understood to be slaves
of their
them as slaves, no body
if was
understood they were slaves, they
ways spoken of as slaves of
were
know where they came from, they were not
bound but were their property
Dont know when those negors
many of them were
those of
place, the matters brought their families
there with their
they were spoken of as his property he
owned the father & mother & the children grew
up there
they were their property,
&
the
whipped
them as if they were white,
white
&
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
7 There is a great difference between slaves
in
in
dont know who sold
she was sold.
to be sold for
She (witness) does not know that
Sold or charged for horse at Public plea
does not know that she was charged or
at all in
these,
bought
Uncle,
only French, thinks
years old. The house that
gave for
dont know the
thinks
8 dollars, worth more than 50
to tell the truth
Heard
place to be sold, left
after that time &
Saw her
time
& testified that he was in
staid
clerk for a
in different parts of the Town, & was
quainted
with most of the
as far as he knows, & if it had
he would have
to when he went there in 91
blacks about Clop
wll, was familiarly aquainted with Campb
bell visited him frequently, did not
any black about him, know the
Georges they were
Never
session, Never saw any black people
around
notice when he knew
only 8 years old
age
judge from him (witness)
by what he is
If Major
would
years of age
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And this was all the evidence in the case
After the argreements of Counsel were closed
the Court gave the following instructions
9 (here insert said instructions) to which
plaintiff excepted at the time.
The following instructions there asked for by
the plaintiff were refused by the Court.
(here insert plaintiffs
to which refusal plaintiff excepted at the time,
The defendant there asked for the following
instructions (here
tions given) & they
to which plaintiff
The case being then given to the jury, they
(here insert verdict)
to set aside the verdict & grant a new trial
for certain reasons filed which
& reasons are in the following
(here insert motion for new trial with reasons filed)
which
& exception taken by the plaintiff at
the time, the plaintiff now brings her
bill of exceptions & pray the Court & sign
the same which is accordingly done
this
Bill of Exceptions
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Appeal from
Now at this day comes again the said
by his attorney, and the court here being now sufficiently advised as
to the motion filed herein to dismiss said cause, do consider and
adjudge that the same be sustained, and that the said appeal be
dismissed, - it is further considered by the court that she said
go thereof without day.
I
the
time and perfect transcript of a judgment of the said
in the case of
Transcript from
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You are hereby notified, that Depositions of Witnesses to be read in evidence in the above
cause, on the part of
of the clerk of the
Court House
in the
day of
the afternoon: and that the taking of said depositions, if not completed on that day, will be
continued from day to day, at the same place and betwen the same hours, till completed.
Served this notice in the county of
this
true copy thereof to
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Now as this day came again the parties aforesaid
by their respective attornies, and the Court here being now
sufficiently advised of and concerning the premises, do
consider and adjudge that the Judgement aforesaid,
in
be reversed,
and the cause
for further proceedings in
Court herein
the Court that the said
the said appellee her cost and charges herein expended
and have thereof execution.
I,
the foregoing is a full, true and complete
of the judgment of said Superme Court, entered of
record at the
wherein
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There is no
ficient
filed
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You are hereby Commanded, that setting aside all manner of excuse and delay, you
appear before our
day of September 1853
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herin you are in no wise to fail.
Spa.
Executed this writ in the
on the
the same to the within named
the others not found in my County
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You are hereby notified, that depositions of witnesses, to be read in evidence in the above entitled
cause, on the part of the
in the
the
o'clock in the forenoon, and
if not completed on that day, will be contin ed from day to day, at the same place, and between the
same hours, till completed.
Served this notice in the
on the
to the
copy of the same
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You Are Hereby Commanded, that setting aside all manner of excuse and delay,
you appear before our
October 1853
to testify, and the truth to say in a certain matter of controversy now pending in our said
Court, wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Sub for
Executed this writ in St. Louis County
on the
a Copy of the same for
the with in named witness at his
number of his family above the age
of fifteen years
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You are hereby Commanded, that setting aside all manner of excuse and delay, you
appear before our
of October 1853
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
4.95
110
150
755
on the
the same to the within named witness
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You are hereby Commanded, that, setting aside all manner of excuse and delay, you
appear before our
at the
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Executed this writ in the
the same to the within
witness
for plff
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We command you to attach
by
before the Judge of our
for the
then and there to testify, and the truth to say in a certain matter of controversy, now
pending in our said
plaintiff, and
defendant, wherein the said
ha
the said
Executed this attachment on the
1853
the
Attachment
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And now at this day comes the said plain-
tiff by her attorneys and moves the court to set
aside the Judgment of
trial for the following reasons
1st Because the said plaintiff was
by the objection of Defendants to the admission
or
two deeds (
of
said copies)
2nd because the court
said deeds to be given in evidence to the jury-
3rd because the court
legal and
plaintiff
4th Because the court
jury that there was no evidence before them
authorising them to find a verdict for said
plaintiff.
5th because the court otherwise
Judgment of non suit was otherwise
Motion to set aside
non suit & grant a
new trial
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Be it remembered that on
this day
duly sworn on his oath says that
he is counsel for the plaintiff in the
above entitled suit, & that he was surprised
by the refusal of the defendant to allow
the duly certified copies of the deeds
from
on the last trial of this cause as they
had been previously admitted by this
defendant on the trials of this cause
& also of the cause of
Filed
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the trial of this cause on the
Oct. 1853
for the plaintiff testified as followes
I know the parties to this
that
plaintiff as his property thirty five
years ago when she was a little thing
I knew Charlotte's mother her name
was
lotte,
as a slave,
by
about 35 years ago & she was then I
4 or 5 years of age.
Crop Exd. I was born in
under the agreement of Counsel the
ny of
witnesses for the plaintiff was there
as follows to wit. (
plaintiff reported by D. C.
the deposition of the
of Canada witness for the plaintiff was their read by excepting
the answer to the 13th question which
was objected to by defendants Counsel
trial.
the Deposition of the
witness
which was objected to by the defendants
Counsel on trial (here insert deposition of S.
Joseph C. Barlow witness for plaintiff
being sworn said he knew the
this suit that
lotte
was commenced,
Chouteau
in her family as a servant, I
any
contract of
between
does not know whether defendant
claims her as his slave
A duly certified
Inventory of the Estate of
Chouteau,
(Here insert
The deposition of Samuel
Monk
was
(Here insert monks deposition)
The certified
was
as follows towit: (Here
The Kings
1763
was then and as follows towit:
(Here
A copy of Action 666 being a deed
from
for informing
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The plaintiff offered in evidence the
following document
of
a deed from
to
defendant for
& because it was
for:
the action of the
the
The following was
out
The plaintiff offered in
following document
copy of
to be a deed from
the said
in
counsel excepted.
(here
therein from
The following was agreed to be a
The plaintiff
following document
copy of action 150. being in
to be a deed from
what was
in
count
counsel
(here
from a
offers
full what was offered. It
on the
in the keeping of the plaintiff, which
was objected to by the defendant for the same
names.
mentioned, which
by the
cepted,
this was all the
in the
Whereupon in
defendants
following
cepted.
Plaintiffs
a
Whereto
the Court.
at the
opens
which is
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Bill of Exceptions
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Bill of exceptions
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Be it remembered
that on this
in open Court appeared
above suit, & States that a writ
of error has been issued in this
case, that the plaintiff has, as
affiant is informed & belives,
been removed with her children
to the commence jail of St Louis County,
by the orders of the defendants
& further that she & they are
about to be removed out of the
the orders of the said defendant.
& further that she and they
are in danger of being so removed
out of the
to day on
bound for the City of New
in the State of Louisana
Filed
1853
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Know all men by these presents that me
J. P. Garesché, as principal, and
as security, are held and
Six Thousand Dollars, for the payment of
which, we
ministrators and assigns, firmly by these
presents.
Given under our hands and seals
this
The condition of this obligation is such that,
whereas,
order made by the
the
suit, pending in said Court, in which
is defendant, hes this day hired to the said
A.
the price of six dollars per month, and a negro
girl named
of two dollars per month, and a negro girl
named
Now, if the said
the said negroes to attend their counsel, or those
of the said
and not remove then, or permit them to be
removed out of the jurdicition of said Court,
and not subject them to severity on account
of said suit or application for freedom,
and shall pay to said Sheriff the said monthly
hire, then this
to remain in full force.
Bond of
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Bond of Geroge
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Know all men by these presents, that we George
R. Taylor, as principal and
as security, are held and firmly bound unto the
Fifteen Hundred
of which, we
and assigns.
Given under our hands and seals, this
day of December eighteen hundred and fifty three
The condition of the above
that, whereas
made by the
in which
to the said Geroge R. Taylor, a negro girl named
of three dollars per month.
Now, if the said Geroge R. Taylor, shall permit the
said negro to attend her counsel or that of said
or permit her to be removed out of the jurisdiction
of said Court, and not be subjected to
on account of said suit or application for freedom,
and shall pay to said sheriff the said
monthly hire, then this obligation to be
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Whereas the Court is
satisfied on the
has been removed with her children
to the common jail of the
defendant
& that she & they are about to
removed out of the
of the Court by the orders of the
said defendants, & further that
she & they are in danger of being
so removed out of the
of the Court
Steamboat bound for the city
of New
These are therefore to
Command you forthwith to
the said
she may be found & to bring her
before the
of December 1858
the person in whose
she is found to appear before the
day of December 1853
Excuted this writ in the
the
by having the negro woman
the Honr. Judge of the
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Know all men by these
as
the
Hundred Dollars, for the payment of which, we
our
by these
Given under our hands and
this
The condition of the above obligation is
whereas,
State aforesaid, by
certain suit, pending in said court, in which
has this day
at the
month, a negro man named
about twenty-five years.
Now, if the
shall permit the said
the said Court, and not remove him, or permit
him to be removed out of the jurisdiction of
said court, and not subject him to severity on
account of said suit or application for freedom,
and shall pay to
hire, then this obligation to be void, otherwise
to remain in full force.
Bond of Jacob P.
Thomas. to
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Now come again the
by
advised of and concerning the
do consider and adjudge, that the judgment aforesaid, in form aforesaid, by said
and for nought held and esteemed, and that said
which she has lost by reason of said Judgment;
And it is further considered by the Court, that
to said
to the opinion of this Court herein delivered and
that said Plaintiff in Error recover against said
Defendants in Error Their costs and charges herein expended
and have thereof execution.
I, William S. Glanville, Clerk of the
of said Court, in the above entitled cause, decided by said Court, at the term first above stated,
Judg.
Sup. Court.
R.R.
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You are hereby commanded to summon Eighteen good and
lawful men to appear before the
on Thursday next the 22d instant at 9 o' clock a.m.
out of whom to
a
with the names of those on whom you have served the same
therein endersed.
Witness
of said Court with the seal thereof hereto
this
Executed this
the following named persons, to wit.
E. G. Ahrew,
James L Crane, Y. W. Levant,
in St Louis County
Special
for 22d inst.
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On application
of the Plaintiff's
attorney, it is ordered by the Court that the said
plaintiff and her children be brought into Court.
Executed by bringing into Court the within named
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It is ordered by the Court
that the Sheriff of St. Louis
County summon
to appear before this Court to-
at nine O'clock to serve as
entitled cause, and have you the names of
those you summon herein endorsed.
Special
for 28th
Executed this
good and lawful men to
Joseph
St Louis County
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We command you to attach
by
contempt for failing to attend as a Juror, after having been duly summoned as such.
Neither of within
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10. So far as there is any thing in the way of an opinion
been read or any of them, which
the
several documents read in evidence; the
must
and conform to the instruction of the Court
given on those subjects.
Given at
of
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Refused
1st If the jury believe from the evidence
that
into the North West Territory, after the year
as a slave thereafter, & when the ordinance
of
the Territory of the
west
of the river
force, they will find for the plaintiff.
2d If the Jury believe from the evidence
that after the ordinance, of
1787,
was in force,
was taken & held in
in said territory as a slave, they will
find for the plaintiff.
Refused,
3d If the Jury believe from the evidence
that
her birth they will find for the plaintiff.
Refused
4th The jury are instructed that the testimony
under oath of Judges of high Courts in a
foreign Country is good evidence of the Construction
of the laws & of the customs and
usages of said foreign Country.
Refused,
Instructions for
plaintiff,
Refused
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The Defendant Comes &
moves the
aside the verdict in this
Cause & grant him a new trial for the following
reasons.
1. Because the verdict is against
law
2 Because the verdict is against evidence
3 Because the
4 Because the court gave
instructions to the
of the plaintiff
5 Because the finding is against
the instructions of the
Motion
for a new trial
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Be it remembered that at the
trial of this cause the plaintiff
produced as a witness
C. Barlow who testified that the plaintiff
was held as a slave by Madame
lifetime, and that
executor had possession of plaintiff at the
commencement of this
The plaintiff's Counsel then read the depositions
of
(here set it out,
certificates)
Also bill
in the
out
certificates)
Also
Also the following
taken at
of P. L. Cerre,
Michel Fortin and
those out).
Also the testimony of
& certificates)
When question Tenth put by plaintiff to the aforesaid
witness was read the defendant objected thereto, and
to the reading of the answer thereto, which objection
the
said objection
read the defendant at the time excepted
The plaintiff then read in evidence the
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set it out,
When the seventh
plaintiff to said
and to the reading of the answer thereto.
to be read, and defendant excepted at the time
The defendant also objected to the reading
of the 8th
to said
& allowed said question and answer to be
read. To the
answer to the
excepted.
of the
which it is agreed may be read in the
And this was all the
part of the plaintiff
The defendant read in evidence the
articles of capitulation of
of
act of
the printed copy contained in the volume
this bill
Also the act of
following (here insert)
Also the depositions of the following persons
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in the word
(which the clerk will here insert without the
tion
and this was all the testimony in the cause
the
the
The
instance of defendants counsel gave the fol
lowing instruction (here insert it) no 1.0
The plaintiff then asked for the following
to as calculated to
already given and to
gave said last named instruction. to the
which the defendant excepted.
The
plaintiff.
the verdict the defendant filed the following
motion for a new trail (here insert it) which the court
overruled and defendant excepted thereto and present
& made part of the record which is done.
Bill of Exceptions
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Personally on this
first day of May 1856
in open court comes
ant
rendered
that said appeal is not taken
delay but because affiant
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Now come again the
by
advised of and concerning the
do consider and adjudge, that the judgment aforesaid, in form aforesaid, by said
and for naught held and esteemed and that said
appellant be restored to all
by reason of said judgment;
And it is further considered by the Court, that
to said
to the
that said
said respondent his
expended and have thereof execution.
I, William S. Glanville, Clerk of the
of said Court, in the above entitled cause, decided by said Court, at the term first above stated,
Judgment
R R.
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Large Document
Can Be Found In
Oversize Storage
Box
Folder
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You are hereby notified, that depositions of witnesses, to be read in evidence in the above entitled
cause, on the part of the
of the
the
o'clock in the forenoon and six o'clock in the afternoon; and that the taking of said depositions, if not
completed on that day, will be continued from day to day, at the same place, and between the same
hours, till completed.
the within accepted I objection is
that the number of days required
because of distance to
given
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Know ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorise you to cause to come before you, to be examined as witnesses in a cause pending in our
plaintiff, and
defendant, all
and every such person, and at such time and place, as shall be named to you for that pur-
pose by the said
Attorney or Agent. And we command you to examine all and every such person upon his oath
or solemn affirmation first made or taken before you, to testify the whole truth touching his know-
ledge of anything relating to the said matter in controversy between the said parties; and that
you do take such his examination, and reduce the same into writing. When you shall have so
taken his examination, you are to cause the witness to sign the same, and to that and each exami
nation, at the foot thereof, you are to append your certificate, setting forth the facts that the examination
was subscribed and sworn to or affirmed by the witness, and the day, as well as between
what hours of the day, on which it was done, as also the place of residence of the witness, if
known to you. Should any paper or exhibit be produced or proven or be referred to by the witness
you are to describe the same in his examination, or cause it to be so marked by him, as to estab-
lish its identity, and attach the same to his examination. The examination thus taken you will
cause to be accompanied by a certificate of your official character, attested by the seal of State;
or, should it be more convenient, such authentication and proof of your official character may be
made by the certificate and seal of the clerk of any court of record of any county of the State,
District or Territory in which you reside, stating also, in addition to the facts of his being clerk,
and that the court is one of record, that, at the time when the depositions were taken, you were
an acting judge, (or other such officer to whom this commission is addressed,) and duly commis-
sioned as such. And you will return the same and all exhibits produced to you, annexed hereto,
carefully closed upon and under your seal, directed to the Clerk of the
all convenient speed.
I,
Notary Public duly commissioned and sworn in and for Lower
Peace in and for the City and
for
do hereby certify, that in pursuance of the within
and in presence of
Counsel in the law, as attorney and agent of the within named Plaintiff and of
Defendant, came before me, at the Court house in the said
Honorable
Lower
writing, the same was by him subscribed in my presence and his deposition, with the
several papers then to attached, is now herwith returned. Given under my hand
at the said
thousand eight hundred and forty nine
It is hereby certified, that
who has signed the above return, on the sixteenth day of
Lower
to be used in the
and that full faith and credit are due to his acts as such. In testimony
whereof, We
and the seal of the said Court at the said
day of February in the Year of Our Lord one
thousand eight hundred and fifty_nine
and of Her Majesty's
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under the annexed
out of the
one thousand Eight hundred and fifty Eight
“any Judge, Justice of the Peace, Notary Public, or other Judicial
"Officer of the
"for the state of
and for that part of the said Province which formerly con-
sitituted Lower
the Peace in and for the City and district of
the said Province, and a Commissioner for receiving
for
cution of the said annexed Dedimus or Commission,
and for the purpose of executing the same, did attend in the
office of the
of the Clock in the forenoon of this sixteenth day of October
in the year aforesaid, being the place and time specified in
the Notice annexed to the said
and there and then being personally appeared before me,
one of Her
and agent of the above named Plaintiff, and
and
or Commission and Notice thereunto annexed having been read, it
was represented to me by the plaintiffs said Attorney and Agent, and
concurred in by the Defendants said Attorney and Agent, that the
chief object of the said
dence of the laws and customs of this country, in relation to the
slavery of Negros and other persons before and after this Country
passed from the dominion of the French
-tish;
that, consequently the witnesses must be persons well
versed in those laws and customs; and that it would not be reason-
-able to require such persons to undergo an examination without
having previously had communication of the Chief points &
upon which they are to be examined, and to be required to give their
legal opinion; the said attorneys and agents have therefore requested
me, the acting Commissioner as aforesaid, to
accordingly do hereby
day as shall hereafter be, by the Plaintiff's said Attorney
agent, and to me:_ And the said Attorneys and Agents do
further agree, that interrogatories to be prepared by the plaintiffs
said Attorney and Agent, after having been submitted to the
Defendants said Attorney and Agent, shall be communicated to
the Witness, in order that they may prepare themselves for their
examination; reserving to the Defendants said Attorney and
agent, the right of putting to said Witness such Cross interro-
-gatories as he may
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1.
And afterwards pursuant to the adjournment and Notice as above
stated, on this
fifty nine
aforesaid, in the Office in the city of
Court for
and Agents of the said parties, together with the Honorable
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
Answer:_William
a lawyer by profession, now a Judge of the superior
Court for Lower
birth, with occasional intervals, a resident of the
Second: What judicial or other public situations, or Offices,
have you held in
you hold the same respectively,_ and were you ever a
member of Parliament of the present
or of the Parliament of either of the Sections thereof for
upper
Answer:_ From
of Commissioner of Bankrupts at
also Circuit Judge during the three latter years of that
period; from
of
Attorney General for Lower
Judge of the
Third
2.
Third: Are you well acquainted with the laws which were in
force in
Colony of France?
Answer:_ Professional and Official pursuits and duties
required my becoming acquainted with the laws of French
Colonial
Fourth: Was the slavery of Negroes, or other persons, recognized or
allowed, either by the public law of
law of local application in
Government?
Answer:_ Slavery was not tolerated in
by the public or the municipal law;_ on the contrary it
was
and characterized a Kingdom in which uniformity of
fundamental law prevailed. Slavery ans Serfdom, of
every description, were finally, and absolutely, abolished
in
Jew, in
de Jurisprudence,
unite in considering the question of freedom as an elemen.
tary
=sons point d'esclaves en
"En
de loi,les esclaves
gratifié de la liberté. “(15, Causes Célebres, p.30.) “Ainsi
la liberté a régné dans ce
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
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“De nos maximes, de nos usages, de notre jurisprudence
dansce
These citations from the
writings and collections of French
Denizarte,
of a similar character might be added, express the unanimous
opinion of French
of French
the Kingdom, by its fundamental laws, it was found
expedient and necessary to encourage and recognize la traite
dominions abroad, from the special circumstances of the
climate and productions of those
exceptional legislation for the French West - indian colonies,
by the royal Edict of
Code Noir, which bears the following title: Le Code Noir,
ou l' Edit du Roi pervant a
et l'administration de la justice el de police
its objects are stated in the preamble to be “
the successive Royal grants to
the
enacted for
exceptional legislation
Com:. the title to slaves, and the
legality of slavery itself were recognized in those
particular places in the French dominions. These
Edicts were
became part of their municipal law.
became part of their municipal law
Denizart
proceeds: “
refers to the edict of
island of
reglement pour la police des isles de
Il
de reglement pour l'administration de la justice, police,
discipline,
colonies de la
choses decelles de l'Edit du mois de Mars
(
habitations, a introduit la traite des Negres;
connoit point d'esclaves,
qu'en
les esclaves negres de nos colonies
vol:
The same report explains the origin of that
be found in other law authors. “
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plusieurs compagnies pour former un etablissement
dans les isles de
faciliter cet etablissement, concede a ces compagnies
toutes les terres incultes de ces isles, autorise la traite des
negres,
culture des terres, ensemble de toutes
les contenir dans
a rendre le commerce florissant dans le
colonies les negres que l'on
sont esclaves
son execution dependent la culture des terres de ce
pays, la piosperite de
de cette partie des
tout pou effet y reside sans l'etendue au dela de ces nou
de cet edit hors de nos colonies.” (
The intercourse between the mother country and
those slave colonies and the application and enforcement
of the principle of French freedom in favor of
negro slave servants bought from the
colonies into
same time positive, laws, respecting that particular class,
namely, the royal edict of
by its interpretative Royal declaration of
December 1738
negro whilst in
master; but only upon the
a failure of any one of which under the Edict of
the slave his liberty, and under that of
him to royal confiscation, pour etre
one thousand livies for each such slave.
Exceptional as these royal edicts were to the public
law of freedom acknowledged in
not generally admitted by the
Rennes and
by, nor offered for registration to, the parliament of
“Depuis l'Edit de
esclaves.” (The Procureur du
The case of Francisco, the Pondicherry negro, purchased
there in early life by his master, and brought
as his servant to
in
the case of Boncaux, the
also brought to
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and who likewise obtained his freedom there by similar
decisions, are celebrated in the annals of French litigation;
length in M. Gayot de
volume
the principle of freedom in the Kingdom of
of the exceptional character of those edictal enactements,
as applicable only to a particular class of persons,
and to particular colonial localities, namely negro
slaves belonging originally to the African and West-Indian
colonies alone.
From the foregoing, to which much additional authority
might be added, it is evident, - 1st that the public
law of the parent state did not recognize slavery in
Frances or its territorial dominious, but declared it
illegal; and it was, therefore,
law of her slave colonies in that respect;- 2ndly that the
same fundamental rights of the French people extended
through all the dominions of
exceptions of particular places; and 3rdly that the
exceptional status of slavery was confined to those
slave colonies, colonies francoises de
above mentioned; and even for these required
no less authority for its establishment and recognition
than the positive, express legislative declaration of the Royal
Proceeding from
archives shew the establishment by letters
E.O.N. I. 37.
colony, conseil
to whom were intrusted full administrative and
et en
and according to the “Loix
Royaume,
et
King's subjects, the
Occidentalis E.
having been broken up, and having abandoned their
charter in the former year. The effect resulting from
the establishment of the
of the laws and ordinances of the Kingdom,
and of the laws and usages of the
to make these the laws of the Colony, and at the same
time to bring with them, for the benefit of the colonists,
those fundamental laws of
the public rights of persons resident in, or being within
the precincts of, the
that time all persons coming
becoming subject to the penalty of those laws, were
entitled to demand and to receive, the protection
affored by them, in the same manner as in a home
province of old
From the establishment of the
legislation could have legal effect, or become operative,
in
by the
found to be applicable to the state of the Colony.
The only public
colonical registration since
reference is had to slaves, esclaves, were the following,
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5. 9.
which I have selected in their Order of date, namely;
E.
their respective American Colonies, by the tenth
article of which the Indian allies of either state,
and their slaves, were not to be removed or disturbed:
2nd the Royal grant of
which, by the 14th clause, authorized the grantee alone to
trade to
Colony and the cultivation of his grant, and for their sale,
for local purposes only, by him to the Colonists alone, who
at the time numbered but twenty - eight families, composed,
according to Charle
et des
privileges of trading for negros: 4th the Royal declaration
of
the double appointments of tutors to minors in
and also in the Colony; which, being an enactment of
general colonial requirement, applied as well to the free
as in the slave colonies. The general reason for this exactment
is stated to be, the conflicts in the tutorial appointments;
but in addition to that general reason, the
took advantage of it to regulate a local evil which was
growing in the slave colonies, namely the
of negros by their owners whilst the latter were
minors. The preamble mentions the evil with reference
to the negroes themselves, who, it is stated, “
qui leur sont propres, font encore un prejudice considerable
depend du travail des
The emancipation of the minor, referred to above, was
a power granted to him judicially, to trade, and to
manage his estate, as if he was of the full age of
French majority- twenty - five years. The fourth
article of this public act, therefore, specially prohibts
even the emancipated minor, until his twenty fifth
year, from disposing of his negros“ qui servent
C.A.T
special provision applicable only to the French slave
islands:-
foreign trade of the colonies is regulated, and in which
special provisions are necessarily enacted with regard
to negros
at, or trading with the colonies:- and lastly the
foreign or
Kingdom, appropriated them, or their proceeds, to the Royal
benefit. No other French public act, referring to slavery,
has been registered in the Colony: these will be found in
the first volume of the Edits,
Declarations et
concernant le
into, or recognized it in, French
Neither the edict of,
Indian islands, nor the other exceptional enactments
above referred to, respecting negro slaves in
even the edit of
registered, or offered for registration, in the superior
-cil of
of
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6.
of
-til
esclavage
The consequence of the want of this
-tary or Colonial registration is well explained in the follow
-ing remarks of the King's advocate
-sed
to the judicial
trail of the
ing,
and are in in full conformity with
respect. After remarking upon the specially exception
-al
character of the
il
privilêge dela
(Causes
-fest,
-ed, or reconized slavery in
status.
law of
in
upon the Grant of
into a seprate
from the province of
had
had formed a part, the
and specially to provide, on the subject of slavery, in favour of the
grantee,
slaves in
in
year, made a code Noir specially for that colony,
legislation was ever contemplated for, or extended to
I refer particularly to the first Royal grant of Canda of
to the
that Company, its articles of association, and the Varoius Royal and
public documents connected with that Company, including that of its
dissolution, the Second Royal grant of
pagnie des Judes occidentale, the constitution and exection of this latter
company, with the special article of the grant in their favour of
volume of the before
neither slaves nor slavery are mentioned or can be implied. I have
seen in the possession of a Collector of old colonial records, a note or
extract
the Home Government, upon the subject of the introduction of
as contained in the offical letters of the
the
of October,
there are no means of verfying their
as connected with this subject, and bearing evidence of interest in the
Matter,
des esclaves
seaux de Guneé, el il est lui mêine daus cette résolution.
The Secretarys answer in the following year,
was
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7. 13
was simply, that the
objection to the project, but suggested at the same time,
'il est bon de
que ces nègroes qui
ne perissent en
This negro project remained without effect, and was
never put into execution; nor do I find
of the provincial records, that any further representation
was made upon the matter.
A kind of servitude, however, had grown up in
the Colony from other causes. The prisoners taken in
war by their Indian captors, whose lives had been spared,
were, by force of Indian customs, reduced to servitude,
and called slaves, servi, less à serviendo quam ser.
-vando; a servitude, at all events, the result of captivity
in war, by which the Indian Masters secured to them=
selves the material advantage of their prisoners' service.
The Indian tributaries of
to preserve their captures from other, but mere
The service market of
in the representations above extracted, and as we learn
from Charlevoix, was in great need of supply; and
hence the wants of the Colonists raised the
Indians, whose predatory excursions, far and near,
enabled them to supply the former and secure the latter.
The western tribes of Pawnees appear to have been
the great source from which their prisoners proceeded;
so much so indeed, that all the Indian servants
of the Colony became included under that general
appellation (
placed or sold in
the slave holding Carolinas, and in the other British provinces, where no
slavery was established. (see the preamble to
Ordinance of
C.A.T. 14.
p>In
ted to two thousand (see
so that negroes might be brought as captives into
as well Pawnees (
sale and barter__whether legal or otherwise was not con=
sidered_,they were subjected to the law of
the colonists, almost exclusively the residents of the towns,
into domestic servants. Even white persons from the
British colonies, taken by the Indians, were subjected
to the same treatment and consequence; and it suffices
to refer to the inhabitants of Deerfield, who were taken
by the French Indians and sold in
which they were only
money. That a strong opinion prevailed against its
validity, and that
secure a continuance of such useful service, and to
prevent the seduction therefrom of the purchased
and negroes, will be found in the terms of the preamble
of the Ordinance of the Interdant
des négroes, et des
et
It must be observed, that this
Ordinance was the Acte of the Intendant alone, and
stands unsupported by the sanction of either the
was not registered,
Crown in
the reason of its Origin an promulgation, namely,
the opposition made to the traffic in, and the sale
and purchase of, Indian and negro captives, they
interference with the claims of their purchases for
their compulsory servitude,_ and the application
in
personal
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8. 15.
personal freedom, extended by the public law of
to all prisons coming within its territorial dominions,
where slavery was not exceptionally established par la
loi de l'État, or by the positive enactment of the Royal will hence the purchased
servitude could not
be enforced, and the
purchased
negroes, almost in every
service of their purchases
"
The legal references, above recorded, of the public
law of
French dominious, and of the fact of the
ment of slavery in her above-mentioned French slave-
colonies alone, only by means of the exceptional laws
above mentioned,
portion of the preamble of the ordinance, in which the
Intendant, objecting to the attempts at interference
with the forced servitude, because the purchased negroes
and panis were told that they could not be retained in
servitude, and were entitled to freedom, "
qu'en
"cequi ne
aux Colonies qui en dépendent, puisque dansles
achetent sout toujous regardès
the Intendants deduction therefrom is a curious nou
sequitur_"et
nation panis sout aussi nécessaries
ce pays pour la culture destence et autres
qu'on
aux
très utiles á
assuner la
quien acheterout à l'avenit: Nous, sous le bon
plaisir de la Majesté,Ordounous, que tous les
et
suïte,
qui
qui les
observed, that the intendant himself refers to the slavery
of the
*furnishers in his
ordanance one,
and among many,
of the various
and legally
acts for which his
official career in
the Colonists, and of
which traces are met
with in the traditionary
handed down to this
time.
The enforcing authority of this Ordinance will not a
little depend upon the delegated power of its framer to make
a public law. The Royal commission invested him with
the legal functions of administering the law in all matters,
civil and criminal, "conformément à nos édits et
=nances
vicomté de
pays, ensemble pour les fovies et marchés, ventes, achats,
et débits de toutes denreés et marchandises;" and, in case
of necessary despatch," nous
et faculté parces
Such delegation of Royal power might have justified
the enactment of a Police
=ference with service, and
les débaucher (les panis et Négres)
quante
the public law of the state, which was repugnant to slavery,
and annul the maxims, usages and
the Kingdom, or of the
was maintained in French territory; nor introduce
into
=ceptional legislation specially made for other particu=
lar Colonies; nor validate the slavery of the purchased
Indian from his having been a mere prisoner of war,
or of a Negro from the colour of his complexion.
Moveover, the intendant himself is
declare the doubtful character of his Ordinance in
as much as he promulgated it subjéct to the
confirmation
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confirmation. "Nous, oous le lon plaisir de
character, and I have been able to discover the like restriction
in only two other Intendants' Ordinances, from among about
one hundred and fifty in number that I have examined
from a very early period down to the time of the conquest of
the Province, and both of those Ordinances had reference to
what might be called Royal interests, _ one, by the same Ran-
dot, in
-treal; and the other, in
ing
the Current value in the Colony of certain moneys of account
and coins, No other Intendants Ordinances professed to
reach to a matter of state policy, or of public law, and therefore,
no other was restricted in the terms as above. The Confir-
mation of Randots Ordinance of
of the Ordinance, with the certificate attached, is proof. The
signature thereto "Geo
whose signature I recognize from having frequently,
seen such appended to public official documents in
his official capacity: he was knighted, I think in
and died in
from his Intendancy by his successor's appointment in
satisfied himself of the propriety of not requiring this
Royal sanction to his Ordinance. A copy of Randot's
commission as Intendant, duly authenticated by the Certificate
and signature of the said Sir George
Registrar of the province, is also hereto appended.
I have been unable to discover a single judicial enforce-
ment of the slave principle recorded during the existence
of the French dominion over
the penalty was so financially effective in preventing
interference with a compulsory service that even the patriotic
opponents of the
=barking
be opposed by the self interest of the wealthy, and, probably of
the Intendant himself, and his subordinate judicial defen-
-dants; and which, at all events, could not be carried on
without considerable expense, before it could receive final
adjudication by the appellate jurisdiction of the Parliament of
Although the absolute nullity of the Ordinance, with reference
to the establishment of slavery in
be doubted,
manifestly follows from the following additional reasons.
Upon the trial of Boucaux, already referred to, it was
unhesitatingly admitted by the Counsel for both parties,
as well as by the
could attach only to the negro of the West-Indian and
African colonies, because he was a slave there par la loi
de l'Etat, and that such a status did not extend, even by
implication, to any other person, or to
other cause, except that arising out of the necessarily
peculiar cultivation of the West-Indian Estates.
As stated above, the same fact of the localizing of
the slavery is also expressed in the
by Raudot himself. The argument urged by
the Counsel for the Master, in Boncaux's case, rested
effect of the exceptional Edicts of
candidly exempted from their operation all
negro slaves of those island
point il
a mis le pied dans
libertè. Mais, quelle est l'application,
distinction du principe
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dans le cas ou tout autre esclave qu'un esclave négre
arrivera dans ce, Royaume. Par exemple, qu'un
ger, qu'un nègociant
avec des sauvages qu'il prètendra etre ses esclaves;
qu'un Espagnol, qu'un Anglois, vienne en
ce
colonies de
loi, par le
chaine de l'esclavage se brisera, et la libertè sera acquise
á de pareils esclaves.” The
opinion without hesitation, and thereupon claims for
slaves coming into the territories of the Kingdom, and
then concludes: “de nos maximes, de nos usages, de
notre jurisprudence, il suit
Celébres, vol XV).
I have desired to state at length and in the
language of the
upon which I have rested my opinion of the
of Randot's Ordinance, which can derive no presumptive
support from the mere fact of the complexion of
the
Indian negro; a presumption which, however extravagant
and unfounded in itself, when applied
to the negro, cannot, in any manner, apply to the
Intendant's assurance that the labour of the Parìs
or negro would be beneficial to
I have refrained from testing the validity of
Randot's Ordinance by modern notions and feelings,
but have confined myself to the established jurisprudence
of
the Ordinance itself; hence my professional conviction,
that neither slavery itself, nor the slavery of any purchased
tribunals of
of the subject, or the existence of an abusive practice
arbitrarily attempted to be legalized by the Ordinance
of the Intendant
It only remains to say a word upon the Ordonnance
of the Intendant
which, in form, is not obnoxious to the
to that of that of Mr.
of the subject of proof of a particular fact, & simply provides
for the legal ascertainment of a fixed mode of enfranchisement,
by a written proof of the fact, requiring
the
executed before notaries public, functionaries to whose
avoided
I need not add, that any other effect that might be
ascribed to this second Ordinance would be obnoxious
to the same nullities as were applied to
the former.
Com:
The necessary deductions from the authorities
and facts stated, which hav been carefully considered
and supported by the references, in general
literally trancribed, are, that the public law of
negroes or other persons, either in
in
a forced servitude de facto existed in the Colony,
it was an abusive
not sustained by any law having authoritative
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legal sanction for its support; unlike
the Royal permision was given to traffic in slaves, and where the
not only sanctioned slavery by la loi del'Etat, but
to regulate its police justice and administration in the Colony; Canada
possessed none of these, no authentic document can be found in
archives or records which regulate the mode, or period or effects of
the extent of the Master's power, the period of the enforced subjection or
any of its incidents or consequences, either affecting the purchased person
himself or his offspring or any act of police justice or administration
connected with slavery. The reason is manifest, because the
such as it existed, was simply by the abuse of power, in those who
held the
“
par la loi de l'Etat or by royal sanction, and could have had
no legal force upon the person of the so called slave (
difference between slavery legally established, and enforced service of longer
or shorter duration,
require further observation.
Fifth: Did the capitulation of the Canadians to the British arms, in
1760
or other persons, then held by the Canadians as slaves?
Answer. As I do not recognize the legal existence of a
slave status in
that status could have been established by Royal enactment
and which was
the particular stipulation in the Capitulation regarding
and negroes was, to leave them with the same natural rights that
they previously possessed.
47th Article of the capitulation only stipulated, that the panis and
negroes should remain in the same quality of slaves,
la meme qualite d'esclaves, in the possession of those who held them,
as they were before that stipulation; whilst, by other articles, all
the
the King of England and were no longer to be governed by the
people, of every class, so
Crown of England, became subjects of that Crown by act and operation
of law. In the well known case of
says: “in the acquisition by conquest, it is limited by the constitution
to the King's authority to grant or refuse a capitulation; if he
him; if he receive the inhabitants under his protection and grant
them their property, he has the power to fix the conditions: the conquest
virtually naturalizes the inhabitants by the act and operation
of law, and they become subjects of the
also well urged in that case that “it is not, as fomerly, when the
conqueror gained captives and slaves and absolute rights by the
law of nations, but now the conqueror obtains dominion and
subjects.” Hence the effect of the capitulation was to operate a
change
been constrained
them
The capitulation of
from that of
full and entire protection of the inhabitants, in all their property & effects,
houses and Goods, and even protected those of the military and
Orders, and
upon returning to
the stipulation respecting
these at all. The necessity for any mention of this particular &
class
had these been considered as legal property, no special reference to them
would have been made, but the fact is the traffic
the
of
status or condition of the Children of
slaves, born after the capitulation?
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Answer:- Every capitulation in itself is nothing but a
merely temporary consequence of superior military power
and cannot be extended to affect a subsequent condition
of
negroes and
born subjects of the King of England, could not be affected
by any laws and usages previously established for the
colony, which, even if not set aside by the capitulation,
would have ceased to exist in this particular, as being
Seventh: Did the Treaty of
King's Proclamation of the
year, or either of them, effect any, and what, change in
the legal status or condition - 1st of the
other persons, held by the Canadians as slaves at the time
of the capitulation, - and 2ndly of the children born in
capitulation, or after the treaty of peace?
Answer: They did so, not only by themselves
in
the Colony. By the capitulation of
inhabitants
subjects of the King of England, but were deprived of their
former municipal laws, the Custom of
laws and usages established for the country, under which
they had been previously
The following letter
Governor of Canada, to Mr. deBelestre,
Detroit, WB dated WB the day after the capitulation, otherwise interesting
in itself, is peculiarly so, as it indicates his appreciation
of the effects of the capitulation. The
observes: "Le Gènèral Anglais a declarè que les Canadians
cette
C. A. T.
"á
“
de capitular a l'armee du Gènèral
ville est, vous
“Nous
formoient au moins 30,000 hommes. Le Gènèral
Amherst
cette ville, le General
et l'armeè du lac Champlain etoit á Laprairie
etá Longueuil. Dans ces circonstances, ne
rien esperer des efforts ni meme du sacrifice des troupes,
j'ai pris sagement le parti de capitules avec le Gènèral
Amherst, á des conditions tres avantageuses pours les colons,
effet, ils conservent le libre exercise de leur religion,
maintenus en la possession de leurs
comme les propres sujets du Roi de la Grande Bretagne.
“Les memes conditions sont accordeès aux militaires,
et ils peuvent commethe des procureurs pour user en
gènèral peuvent vendre aux Anglois et aux
biens, et en faire passer le produit en
avec lui,
“Ils conservent
de rendre ceux pris des Anglois.
"Le Genèral Anglois a dèclarè que les Canadiens
devenoient sujets de S. M. Britannique, el par cette
raison le peuple n'a point ètè conservè dans la coutume
de
“á
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á l'
ne point servir pendant la
les armes: elles doivent
donc,
dans votre poste, vous les ferez mettre las les armes, et vous
pour de
“Les Citoyens et habitans de
sous le commandement de
“Vous ferez passer copie de ma lettre aux Miamis et
Scactanons, supposè
et les habitans
"Je compte avoir le plaisir de vous voir en
tous nos Messieurs. Madame de Beleotre jouit
parfaite sante.
“
& tres obeissant serviteur,
(
The French Governor himself thus admits the cessation
of the former laws and usages of the Colony; the difference in the capitulation
of
and that of Grenada,
a conquest also mentioned
in the Treaty of Peace and
in the Proclamation of
is manifest. By the former,
colonists were deprived of
their governing laws and
usages, by the latter capitutation
these were
to them
Grenada capitulation:
“They shall preserve their
civil government, their
laws, customs and
justice shall be
administered by the same
officers who are now in
employment, &ca Answer;
They become British subjects,
but shall continue
to be governed by their
present laws until His
Majesty's pleasure is
known.” See case of
Lord
judgment, says
articles of capitutation
upon which the conquest
is
of peace by which it is
ceded, are sacred and
inviolable, according
to their true intent.
The treaty of peace of
liberty of the free exercise of the
for the inhabitants of
erected the conquered province into a provincial government-
the Government of
summon general assemblies, and with them and the
Colonial council to make laws for the Colony, as near as
might be agreeable to the laws of
the mean time to all the inhabitants, and to all persons
resorting to the Colony, the enjoyment of the benefit of the
laws of
the province, to erect Courts of judicature and of publice justice,
for hearing and determining all causes, criminal and civil,
according to law and equity, and as near as might be agreeable
to the laws of
The Royal Commission of
Governor, General
among others, the power at once to consitute such Courts of
Justice for hearing and determining such causes according
to law and equity, &ca; and the commission of
1766
Justice of the
made it
to administer justice in the
and customs of that part of our Kingdom of
called
the latter, both duly
the above mentioned public documents, plainly expressing
the King's will, the introduction into the Colony was of
course made of the laws of
the former regulating the status of individuals, making all
persons naturalized subjects, and giving to them the personal
and civil rights of British subjects, and the latter, or
common law, so far as applicable to the state of the Colony.
It is a well known
the conquest of a Country the law remains unchanged until
the will of the Conqueror is expressed.” That must be taken
as between subject and subject only, not as between the
the power to alter the laws of a conquered country is a power
vested in the Crown, without any limitation as to the
advice under which it may be exercised whether by
proclamation or charter. (3
Reports,
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There can be no reasonable doubt, that the proclamation
and commissions, above referred to, plainly express the
will of the
of
French time. That the law of
at least within the apprehension of the Chief
law-Officer of the Crown in
of the Report prepared by
General for the Province, for submission by the Governor General and Council of the Province to the
observing upon the effect of the capitulation, it is remarked
“by which (namely, the 42nd article, and General
answer thereto,) it should seem, that these Your
new subjects in this Province were put upon the same footing
as Your Majesty's other subjects in other parts of Your
Majesty's British dominions with respect to the laws by
which they were to be governed, and the power of legislation
that was to be exercised over them for the time to come; and
that the continuance or abolition of their former laws and
customs was to depend entirely upon the future counsels
which Your Majesty, in your royal wisdom, should
Commissions &ca,
fact, the English laws
recognised law of the
colony, and, on that very
account, became
to the strong representations
against its continuance
colonists to the Government
at home for its removal,
and the restoration of
the old French system.
Com:
It is manifest, from these citations and references, that the
law of
personal and public rights of every class of the inhabitants of
the province: that the negroes and
resident colorists, by their submision to those laws, became
liable to all their penalties, and consequently, had a right
to all their privileges and protection.
If in fact the status of slavery ever had legal existence in
the Colony, it became absolutely abolished by contact with the
laws of England. A similar question of the status of individuals in the Colony, as to the enjoyment of civil rights,
the Vice Chancellor of
Privy Council in appeal from the Colony, that the status of
the party must be decided by the public law, the law of
applied itself to the rights or property in contest. The Vice
Chancellor in the course of his judgment observed: the cession
of the Country to
in respect of the
King of Canada, the natives of
by its local laws. By the change of
that the law of
P. C. Rep. Donegani v Donegani.)
The status of slavery, must, therefore, be settled by the
law of
the existence of slavery, except as the creature of municipal
laws; holding, that slavery is not a natural, but a municipal
relation, an institution confined to certain places, and
that a mere change from a place of contrary custom is sufficient
by that law to secure freedom. These principles were
established, after great argument, in the case of the
negro
Court of King's Bench, Lord
and expressly recognized the principle, that the
status of slavery was a municipal relation; an institution,
therefore, confined to certain places, and necessarily
dropped in a Country where such municipal relation
did not
Coleridge, in a note to 1
the case, “the principle of decision is, that slavery is not a
state recognized by the law of nature generally, or by the
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law of
does so only by the force of some local law. Whenever, therefore,
a slave comes from a place where it is recognized, into a place
under the English law, he ceases to be a slave, because the local law
loses its force, and the English law itself neither suffers the relation,
nor will, by the
law contrary to the law of nature.” As long therefore, as the law of
and rule, so long must it reject a claim to a right of property in a
man, or in his labour and industry, founded on his being born of
a captive, or on his being seized on violently by a third person, and
sold to the
“the state of slavery is of such a nature, that it is incapable
of being introduced on any reasons, moral or political,
but only by positive law, which preserves its force long after
the reasons, occasion, and time itself, from
created, are erased from memory. It is so odious, that
nothing can be suffered to support it but positive law.”
This English legal system was further sustained by the
terms of the before-mentioned commission to the Cheif Justice
of the King's Bench, and of the Commissions of other Officials
in
statute 14
chapter 83, was passed,
which recalled the
French laws with
reference to property
and civil rights. Under
this statute no interference
was allowed
with what had already
been acquired or
judicially determined
under the operation
of the English laws.
Under this system of English law, public and private,
slavery had no legal existence from the cession of the Country,
as regarded the
less their children, born after the capitulation and the treaty
of peace, who were free-born. Burge says," Children born
in
only at the time of birth absolutely free, but continued so. There
could be no grounds for considering that the children would
become slaves even if they had returned to the Colonies. Such
was the admitted law of
every other West-India colony.” (1 Burge's Commentaries
the law of the County of the birth; not because the birth occurred
in this or that locality, but because it occured under the
of the particular system of the law of the County of the birth
being itself
page 408, before the
that if the statues of slavery were dissolved, according to the law
of the
him, it would be considered as having legally ceased to exist in
every other place. So that incipient right to freedom of the issue
of a female slave, registered according to the laws of
would prevail in
the latter state.
removing her into
freedom, nor by her subsequent removal, voluntary for forced,
into the state of
Children born therefore after the capitulation, and after the
treaty, are
them, it is difficult to discover a legal principle which
would sanction the position, that a person in possession ofthe
status of freedom could, by his own act, subject himself to
that of slavery." (1 Burge p. 750. see also the case of
Rawle's Reports, p. 305 &
Eighth: Was the King's proclamation of the
ever recognized by the British Parlimant as being legal,
and was it ever
Answer: It was so recognized by the British act for
of 14 Geroge
instituted, “An act for making more effectual provision for
the Government of the
into operation in
of
were to be resorted to “in all matters of controversy relative to
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property and civil rights,”- and in all causes thereafter to be
instituted in any of the Courts of Justice, with respect to such property
and rights, were to be determined agreeably to “the laws and customs
of
of Colonists, acquired under the proclamation and treaty.
Ninth: Were any municipal or other assessments or taxes raised or levied in
the capitulation; - by what law or laws were they raised or
and were slaves mentioned in any such law or laws as property ?
Answer: The Royal Edict of
or taxes upon a great variety of articles, does not make
mention of slaves. By the Code Noir of
were expressly declared to be moveable property, Meubles; and so
also by the
respect, were municipal, and not applicable to
law of
goods and Chattels.
Tenth: Since
Government, have negroes been permitted, in the Courts of Justice in
that Country to testify as witnesses in Civil and Criminal cases,
and have they been, and are they, Eligible to serve as Jurors, or to
Elections? in fact, have they, by reason of their colour,
they labour, under any legal disabilities whatever, that white
men, in the same Country, did not, and do not, labour under?
Answer: Since the establishment of the British dominion in
natural born, or naturalized, subjects, of the Crown in the Colony,
without any disqualification whatever by reason of their complexion.
Eleventh: Was the subject of slavery ever brought under the consideration
of the Governor and Council of
before its division into Lower and
Upper
under consideration, and what was the result?
Answer: No application was made, or attempted, to the Governor
and Council (the then
negative proof of its non-existence, during that time. It was
brought under the Notice of the Parliament of Lower
several years
in Lower
the possible existence of slavery that no legislation was allowed
or had upon the subject. The bills introduced before the
House of Assembly were dropped; and no action whatever
was taken before the Legislative Council. Since
whatever at legislation upon the matter has been
made. I subjoin extracts from the proceedings of the lower
of the House of Assembly for the years above mentioned, which
I have compared with the entries in those books, acknowledged
in this country to be authoritative. The Original Manuscript
Journals was destroyed at the burning of the parliament
buildings in
proceedings only arose from the dread of the United States' slaves,
brought into the province after the Declaration of Independence, being
continued as slaves, and differing from the
time. In the second session of the first parliament of
Upper
Chapter 7, was passed, "to prevent the further introduction of slaves,
and to limit the term of contracts for
province, “ which originated in the passing of the
of
in
The British statute was
act, declaring, in effect, the expediency of giving encouragement
to persons that were disposed, from among the resident
inhabitants of the
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settle in the scantily populated Bahamas,
for their encouragement to come within those British territories
with their families, negros, furniture, implements of husbandry
and
particular valued amount of those imported effects for each
white person of the family, and for each negro brought in.
Having thus encouraged their entrance into the province,
the statute at the same time discouraged their departure
from it, by withholding legal sanction from all sales or
bargains which those settlers might make of their negroes,
furniture or
arrival. The statute necessarily referred to negros,
reason of the existence of negro slavery in some, and of the
residence of free negros in others of the
which the general object and
itself.
maintained the institution of slavery, whilst
and the New
after
early part of the Eighteenth
abolished in
and
commencement of the
the peace of
of the
states lost by deportation to the West Indies alone, it is said,
upwards of ten thousand slaves; whilst the negro population of
the New
and New
had doubtless found their way into the British territories,
including
be enticed by the allurements of the statute to come into the
British territories. This statute was manifestly a law for
the occasion, including objects and things, as well as persons,
white and black, within its professed aim and intention,
namely the withdrawal of population and capital from the
reputation, however elevated, would justify to itself an attempt
to fasten the slave institution upon
alone; and any such attempt, made from the words of the
statute, would be a gross and unwarrantable perversion
of every legal rule in the constrution of statutes. The
British act must rest upon its own terms
whilst in themselves they expressed and created a special
of the general principle of freedom in those British territories
into which the Untied States subjects, or Citizens, were encouraged
to come with their families, negros, furniture, implements
of husbandry and clothing, by the offer of an exemption
from fiscal duty upon a limited value of those
effects, which they were expected to bring with them.
I have already stated the fact, that the Upper
act originated in the intended application of the British
statute, which will be manifest from the
imposed by it upon the power of license granted
to the
which the benefit of the latter could not be obtained
that in
resident in the upper part of the then province of
namely, now Upper
few exceptions, loyalist emigrants, who had left the
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Of this number, a large proportion were from the
New
at the earliest opportunity afforded to them, after the
establishment of Upper
under the Act of
which, for the first time, gave effect to the Royal promise
contained in the proclamation of the formation of
Parliamentary Assemblies in the Province: up to that
time the local Government had been conducted by a
Governor and Council, the latter of whom were, with
scarcely an exception, composed of public officers resident
at or
session of the Parliament of that province, Upper
the French laws and customs were abolished, as “being
manifestly and
of His Majesty's (French)
not for "British subjects born and educated in countries
where the English laws were established,” and the laws
of
the
Parliament, the Act 33
referred to, was passed, and the reason stated in the
preamble was, because it was “
who enjoy freedom by law should encourage the introduction
of slaves,” and because it was “highly expedient
to abolish slavery in this Province,
gradually be done without violating private property.”
This provincial act absolutely deprived the Lieutenant
Governor of the power of granting the necessary "license
for the importation of any negro or other person to be
subjected to the condition of a slave, or to a
involuntary service for life,” and relieved such
life service. It then proceeded to reduce voluntary
contracts of service to a period of nine years; and while
it sustained existing contracts with reference to negroes
who had come or been brought into the Province, in virtue
of public authority, or of any act of the Parliament of
Great
slaves, who were thereafter to remain in the service of
their master only until their twenty-fifth year;
manifestly a compensation to the master for his care
and support of them from their birth, whilst their children
were to be free-born subjects. This Provincial Act
was, to a certain extent, a modification of the Connecticut
Act of
be
slaves who had been brought into the province under
the pledge of the public faith, or by contract.
Twelfth: Was the question of the legality of the slavery of negroves,
or other persons, ever tested in any of the Courts of Justice
in the
of those in Lower
result of the test?
Answer: The question has been tested, but not frequently,
in the Civil Courts of the
do, in the Courts of King's Bench and Common Pleas, as
well before as subsequest to its division into the two governments
of Lower and
of the cases brought before those Courts, the result
was unfavourable to the existence of slavery, or to its
recognition. I subjoin the following cases, which I
have taken from the authentic registers of the Courts of
Jutice in
place; and which seem to apply to Negroes from
the
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action to recover possession
of, and to hold "two negro wenches," Sylvia-
Ruth-
made default to appear, and the cause went undefended;
the Court in consequence, by Judgment of the
condemned the Defendants to deliver up the wenches or
pay
paid by the Plaintiff for
slave by the Defendant. The record states, that
was not a slave, and the Judgment of the
in conformity with the records, was in favour of the plaintiff;
Mittleberger vs Langan:- An action, similar to
the one last-mentioned, for the price paid for a negro, named
nNero. The record shews that the negro had been made a
prisoner of war by the
state of New
Gordon, and brought into
as the agent of the Mohawks, sold him, that he was confined
in the
of war, and received military rations as such, and that
on his being discharged from the prison, by
M. Lean, the commanding Officer, he returned to his former
master, Colonel Gordon,
been seen by the witness. On this Evidence the plaintiff
obtained judgment in his favour on the
January, 1789
of price for
been sold as a slave for his natural life, and
had afterwards, on the same day, entered into articles
of
for five years, and then be free. The plea was, that
deceitfully represented him as being a slave, and thereby
obtained
to
the Defendant by an incidental demand claimed the
repayment, with damages &ca.
intervened in the cause, and claimed his freedom under
the law of the land. In
the action, for want of any title in the plaintiffs to
tranfer any property in
demand, condemned the plaintiffs to repay the
the defendant.
for taking away Catherine Coll, the Plaintiff's wife,
and for retaining her
verdict for the plaintiff for
to the Court of King's Bench, who Ordered,
July 1793
to the regularity and sufficiency of the pleadings, and
the return of the record to the Court below, the Common
Pleas Judgment was rendered on the
of February 1794
technical grounds of informality in the pleadings
and upon the mode of proceeding to proof on the two questions
of marriage and slavery, whether it should be
before the Court according to the procedure of the
or before a Jury according to English practice. By the Judgment
the Defendant was ordered to replead, and to establish
an issue: the Court expressing its opinion
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upon the two points of proof above - mentioned in the following
terms, copied from the authentic register of the Court
of that day:- “Ces
offrent de les
defait, car les loix de cette province n'admettent
de mariage lègitime, ni d'esclavage defait, sans titre
authentique et loix expresses.
Excluded
The
man, for a writ of
master's servant, with whom he removed to
and afterwards to Newfoundland, and finally came
with him to
he was committed to the common gaol of the District,
by warrant of three Justices of the Peace, for absenting
himself from his owner's house without leave.
habeas corpus granted, and after argument in
before Chief Justice
on the
Copies of the several before mentioned Judgments, duly
authenticated, are hereto annexed.
The Registers of the Courts have been carefully examined
by me since
other cases connected with slavery have been found.
The above, except those of
upon the rights of the parties under the contracts of sale
between themselves, as purchasers and
to the consideration money, and apart
rights of the negro or subject sold, to hold himself
no slave. Such contracts for sale may be valid as between
the parties, and the law would readily hold
not the object of litigation. It is only in those of
personally in Court, and in both of these they were relieved
from the effect of servitude. It is not to be wondered
at that judicial opinion was not sooner expressed.
Judicial action cannot be expected to arise ex
motu of the Judges themselves, and Courts must be
moved before their opinion can be required.
It is singular, however, that no case can be found
of record in the archives of the Courts, under the British
or French rule, in which involuntary servitude has been
judicially sustained, or in which application for freedom
has been judicially denied; and it is still more
singular, that none of the cases above mentioned applied
to the purchased negroes or
Esclaves of the French rule, or to their descendants,
and offspring, of whom some
en qualite d'esclaves, as before the capitulation, but not
by constraint of law, or of the judgments of Courts of
Justice. The contracts of servitude above referred to,
with others to which I have had access, executed in
the sale either of a life service, for “the term of his
natural life” or for a longer or shorter period of service,
but in no case does it interfere with the acquisitions
of the purchased persons, or stipulate regulations over
his wife and children; the ingredients of slavery in no
case that I have examined, are added to or form part of
the contract, which is limited in all of them to mere
service, more or less prolonged so also in the French
time it did not assume any other shape than
mere enforced service, pour sa vie durante, or for a
certain
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number of years of service, and most assuredly
never did descend from the parent to the children
With reference to my foregoing answer, and
more particulary to my answers to the fourth and ninth
Edits,
several public documents therein mentioned. The said
volume was printed and published in this
by direction of the Excutive Government in compliance with
an address of the Legislative Assembly of the
is held by all the Courts of justice in Lower
I
herein before named, do hereby certify, that the
Honorable
duly sworn and examined, and his examination
bring reduced to writing, it was subscribed by
him in my presence, on the
February, one thousand eight hundred and
fifty-nine,
And thereupon the Plaintiff's agent and Attorney having
and the respective hands of the said Attorneys and Agents
of the parties on the day and year last above-mentioned.
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Ayant
13
sujet des
des
quecette colonie
l eurement y
habitans en
pais, et
Leu et public a
ville issue de la
et ala
1709
audiancier
Pierre signi
les
de la coroline et
aux gens deu
impirent aux
fait
et
d'esclaves,
bray par
les negros que les habitans
Panis
les
ces
cette Colonie Elant
la
en
Nous sous le bon plaisir de sa Majeste
qui
a Ceux qui les ont achetez, comme
leurs
qui que ce soit de les debaucher sous
peine de 50
que la presente
publice aux
de
preoustez dicelles
le
I do hereby Certify
the
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the foregoing to be a true copy from the
at
general search through the French
This is the copy, with
of the
by his
Edit & Ord.
Vol
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We, resposing especial trust and comfidence
in the prudence, courage and loyalty of
you, the said
especial grace, certain knowledge, and
mere motion, have thought fit to constitute
and appoint, and by these
presents do constitute and appoint, you
the said
General and Governour in Chief in and
over our
Bounded on the Labrador Coast by the
River St John; and from thence by a
line drawn from the head of that
River through the Lake
the South end of Lake Nipissin,
from whence the said Line
River St Lawrence and the Lake
Champlain, in forty five degrees of
Northern Latitude, passes along the high
lands which divide the Rivers that
empty themselves into the said River St
Lawrence from those which fall into the
Sea; and also along the North Coast
of the Baye des Chaleurs and the Coast
Rosieres; and from thence crossing the
Mouth of the River St Lawrence by the
West End of the Island of Anticosti,
John;
Together with all the rights, members,
and appurtenances whatsover there unto
belonging.
And we do hereby require and
command you to do and excute all
things in due manner that shall
belong to your said Command and
the trust we have reposed in you,
according to the several powers and
directions granted or appointed you by
this present commission and the instructions
and authorities herewith given
unto you, or by such other powers,
instructions and authorities as shall
at any time hereafter be granted or
appointed under our signet and sign manual,
or by our order in our privy
Council, and according to such reasonable
laws and statutes as shall
hereafter be made and agreed upon
by you with the advice and consent
of the Concil and Assembly of our
said Province under Your Government
in such manner and form as is herein
after
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And we do hereby give and grant
unto you, the said
full power and authority with the
advice and consent of our said Council
to be appointed as aforesaid, so soon as
the situation and circumstances of our
said Province under your Government
will admit thereof, and when and as
often as need shall require, to summon
and call general assemblies of the freeholders
and planters within your government
in such manner as you in your
discretion shall judge most proper; or
according to such further powers, instruction
and authoristies as shall be at
any time hereafter granted or appointed
you under our signet or sign manual
or by our order in our
And we do hereby declare that the
persons so elected and qualified shall be
called The Assembly of that our
consent of our said Council and assembly,
or the major part of them, shall have
full power and authority to make, constitute,
and ordain, laws, statutes, and
ordinances, for the public peace, welfare,
and of the people and inhabitants thereof,
and such others as shall resort thereunto,
and for the benefit of us, our heirs and
ordinances are not to be,
as near as may be, agreeable to the
laws and statutes of this our Kingdom
of Great
Provided that all such laws, statutes,
and ordinances of what nature or duration
soever they shall be, within three months
or sooner, after the making thereof, transmitted
to us, under our seal of our said
province, for our approbation or disallowance
of the same, as also duplicates thereof,
by the next
And we do by these presents give
and grant unto you the said
the advice and consent of our said
Council, to erect, constitute and establish
such and so many Courts of
and Public justice within our said
province under your government as you
and they shall think fit and necessary
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for the hearing and determining of all
Causes, as well Criminal as Civil, according
to law and equity, and for awarding execution
thereupon, with all reasonable and
necessary powers, authorities, fees and
privileges belonging there into.
And we do hereby declare, ordain and
appoint that you, the said
and enjoy the office and place of our
in and over our said
and all the
with all and singular the powers and
authorities hereby granted unto you,
for and during our will and pleasure.
In witness whereof we have caused these
our Letters to be made patent.
I hereby Certify That the within are
appointing
General and Governor in Chief of the
This within are the
and that of the
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By His Excellency The Right Honorable Sir Edmund Walker
Head, Baronet, One of Her Majesty's Most Honorable Privy
Council,
of
&c.,
These Are To Certify that
whose name
is the Deputy
that full faith and credence are due and ought to be given to such signature and act
in all places.
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Know Ye, that He, having
into our royal consideration your loyalty,
integrity, and ability, have assigned,
constituted, and appointed, and we do
hereby assign, constitute and appoint you,
the said
of and in our Province of Quebee, in
and lawful Men of the Province afore-
said, and by other lawful ways, methods
and means, by which you can or may
the better know, as well within liberties
as without, of whatsoever
prisions of treason, insurrections, rebellions,
murders, felonies, homicides, Killings,
burglaries, rapes of women, unlawful
congregations and assemblies, words spoken,
misprisions, confederacies, false allegations,
trespasses,
falsities, negligencies, concealments, main-
senances,
and other
injuries
saries thereto within the province aforesaid,
as well within liberties as without, by
whomsoever and howsoever had, done,
perpetrated or committed, or which here-
after may happen to be done,
or committed, and by whom, to whom,
when, where, and how, and of all other
articles and circumstances the premises, or
any of them, any wise concerning; and
the said treasons and other the premises
to hear and determine, according to the
law and custom of that part of
Kingdom of Great
our said province of
to be made.
Therefore we command, that at such
certain days and places as you shall
appoint, you make diligent inquiry
of the premises; and all and singular
the premises you hear and determine;
and the same do and fulfil in form
aforesaid, doing therein that which to
justice doth belong or appertain, according
to the law and custom of that part
of our Kingdom of Great
us our
thereby to us belonging: for we will -
command
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command all and every our Sheriffs
that at such certain days and places as
you, our Chief Justice, shall make Known
to him, them or any of them, they cause
to come then and there before you such
and so many honest and lawful men
of our said province, as well within
liberties as without, by whom the truth
of the matter may be the better known
and
And further know Ye, that we
have assigned, constituted and ap-
pointed, and by these presents do assign
constitute and appoint you, the said
aforesaid of the prisoners therein hereafter
to be to deliver. And therefore we
command you that, at such certain
days and places as you shall appoint,
you come to our Court House of our
said province the Gaol in our said
province of the prisoners hereafter
therein to be to deliver, doing therein
what to Justice doth, or may, belong
or appertain, according to the law and
custom of that part of our Kingdom
of Great
our said province of Quebed hereafter to
be made; saving to us our
ments
us
and every our Sheriffs and Provost
Marhal of our aid
that, at such certain days and places as
you, our said Chief Justice, shall
make known to him, them or any of
them, they cause to come then and
there before
all the prisoners of the same Gaol
and their attachments.
And further Know ye, that we
have assigned, constituted and appointed
and by these presents do assign
tute
liam Hey, our Chief Justice of our
Oaths of honest and lawful men of
the province aforesaid, and by other
lawful ways, methods and means by
which you can or may the better
know, as well within liberties as with-
out, of all Civil pleas, actions and
suits, as well real and personal as
mixed, between us and any of our
subjects, or between party and party,
by whomsoever had, brought, sued and
commenced, and of all other articles
and circumstances the promises, or any
of them any wise concerning; and the said
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Pleas, actions and suits, and every of
them to hear and determine in manner
and
which to justice doth belong and apper-
tain, according to the law and Custom
of that part of our Kingdom of Great
ordinances, rules and regulations of our
said province of
that behalf to be ordained and made.
Therefore
at such certain days and places as
you shall appoint, you make dili
gent inquiry of the premises; and all
and singular the premises to hear
and determine in
aforesaid; doing therein that
to justice doth belong or appertain, accor-
ding to the law and custom of that
part of our Kingdom of Great Britian
called
nances, rulers and regulations of our
said province of
that behalf to be made; for we will
command all and every our Sheriffs
or provost Marshal of our province afore
said, that at such days and places as
you, our said Chief Justice, shall make
known to him, them or any of them,
they cause to come then and there
before you such and so many honest
and
as well within liberties as without, by
whom the truth of the matter may
be the better known.
To have, hold and exercise the
said office of our Cheif Justice of
and in our said
for and during our royal will and
pleasure and your residence within
our said province; together with all
and singular the rights, profits, free
office belonging, in as full and
manner as any other Cheif Justice
of any of our provinces in
hath heretofore held and enjoyed or
of right ought to have, hold or
enjoy the same, with full power
and authority to hold the supreme
Courts of
and times as the same may or
ought to be held within our said
province.
In testimony whereof we have
Caused these our Letters to be made
patent, and the great seal of our
said
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said province of
affixed and to be entered on
one of the books of patents in our
Registers Office of
Province.
Fiat of the above Commission
Recorded in the Register's office at
I hereby Certify That the within is
a true and correct Copy of Commission
appointing
Justice of the province of
entered upon the Records of this Office
This within is the
identified by his signature and that of the undersigned
Commission.
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By His Excellency The Right Honorable Sir Edmund Walker
Head, Baronet, One of Her Majesty's Most Honorable Privy
Council,
of
&c.,
These Are To Certify that
whose name
document is the Deputy
duly
that full faith and credence are due and ought to be given to such signature and act
in all places.
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Extracts
from the
Journal of the
of Lower
Mr. P. L. Panet moved for leave to bring in a
Bill, intitled “An Act tending to abolish slavery
in the Province of Lower
was seconded by M. Duniere.
Agreed to unanimously and leave given accordingly.
W. P. L. Panet in consequence of permission former-
ly obtained from this House, brought up and read in
french and english the draft of an Act intituled
“An Act tending to the abolition of Slavery.”
M. Bonav.
follows: that the draft of a Bill intituled “An Act
“tending to the abolition of Slavery” be now read
for the first time.
And
And was seconded by w. Bershelot,
And the said draft of a Bill intituled “An Act
“tending to the abolition of Slavery” was read for the
first time in English and in french.
Read for the second time, the Bill intituled “ an
“act tending to the abolition of Slavery.”
M. P. L. Panet then moved (in french) seconded
by W. Berthelot, that this House do resolve itself
into a Committee of the whole House, on the Bill
tending to the abolition of Slavery, Thursday next,
Debates arose and _
M. DeBonne moved (in bench) in amendment
to M. P. L. Panet's motion that after the word "that"
in the first line, the rest of the said motion be struck
out, and the following substituted, “the Bill tending
“to the abolition of slavery, remain upon the table.”
In which he was seconded by M. Mc. Blath.
The debates were renewed on M. DeBonnis amend-
-ment to M. P. L. Panets motion, and the question
being put thereon, the House divided.
Carried in the affirmative by a majority of 28 votes.
Then the question was
ded, and the same passed unanimously in the
affirmative.
Ordered, that the Bill intituled “An Act tending
“to the abolition of slavery,” do remain upon the
table.
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A Petition from sundry persons inhabitants
of the
subscribed, was presented to the House by Mr.
Papineaw: and the same was received and read.
Setting forth: That by an Ordinance of
Jacques Raudot, Intendant of
bearing date the
in the year of Our Lord one thousand seven hundred
and nine
It is Ordained, under the good pleasure of His
Most
Negroes which, before then were, and which there after
should be purchased in
in full property, to the purchasers thereof, as their proper
slaves; and the said
enjoined not to leave the service of their Masters, and
them under a penalty of fifty
That His Most
signify his displeasure or disapprobation of the said
Ordinance, whereby the same was in force at the
definitive Treaty of Peace and Cession of this Pro=
=vince to His Majesty, and therefore by the Statute
of the 14th
the
and Customs of
That the Importation of Negroes from
to the West India Islands and British Plantations,
has,
pany, and since the Trade has been
His Majesty's subjects, under Parliamentary Regula-
-tions, been deemed lawful, and the owners of such
Negroe vested with the right and power of selling
them and their children, whereby Slavery was effec=
tually established in the said Islands and Plantations.
That by the Statute of the 5th Geo. II. Chap y. Section 4,
intituled, "An act for the move easy recovery of debts
"in his Majesty's Plantations and Colonies in
"
“
“hundred and thirty two
“and other pereditaments and real Estates, situate
“or being within any of the said Plantations belong-
"ing to any person indebted, shall be liable to, and
“chargeable with, all just debts, duties and demands
“of what nature or kind soever,
“person to His Majesty or any of His subjects, and shall
“and may be assets for the satisfaction thereof, in like
"manner as real Estates are by the laws of
“liable to the satisfaction of Debts due by Bond or other
“specialty, and shall be subject to the like remedies,
“proceedings and process in any Court of Law or Equity,
“in any of the said Plantations respectively, for seizing,
“extending, selling or disposing of any such Houses,
“Lands, Negroes, and other hereditaments and real
“Estates, towards the satisfaction of such debts, duties
“and demands, and in like manner as personal
“Estates in any of the said Plantations respectively,
“are seized, extended, sold or disposed of for the satis-
"=faction of debts.”_ Which Statute forms a part of
the Laws of the Province under the
-by all Acts of Parliament before then made, concerning
or respecting the said Colonies and Plantations, are
declared to be in force within the said
That
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That by the Statute 30
“An act for encouraging new settlers in His Majesty's
"Colonies and Plantations in
“That from and after the
“thousand seven hundred and Ninety
“or persons, being a subject or subjects of the territories
"or countries belonging to the
“shall come from
“or families, to any of the Bahama or
“Somers
“
"ing to His Majesty in North
“of residing and settling there, it shall be lawful for any
“such person or persons having first obtained a
"for that purpose from the
“from the
“Colonies or Provinces respectively, to import into the
"same in British ships, owned by His Majesty's sub-
"-jects, and navigated according to Law, any Negros,
“Household furniture, Utensils of
“Cloathing free of duty.” And it is also enacted by
the said Act,” That all sales or Bargains for the sale
"of any Negro, Household Furniture, Utensils of
“
“be made within Twelve Calendar Months after
“the Importation of the same, (except in cases of
“the
“be null and void to all intents and purposes what=
=sover.”
That upon the faith of His Majesty's Governments,
solemnly pledged by the above mentioned laws, the
inhabitants of this Province in General and the
inhabitants of the City and
in particular have purchased for a valuable con=
sideration a considerable number of
divers persons formerly subjects of the
of
-ed
into this Province, according to Law, a number of
Negros Slaves belonging to them; and which
and Negro slaves have always demeaned themselves
in a becoming manner until lately, that they have
imbibed a refractory & disobedient
pretext that no Slavery exists in the Province.____
In
belonging to a Miss Jane Cook absconded, from the
service of her mistress, and having refused to return,
was upon a complaint on Oath, apprehended in
=tue
still persisted in refusing to return to her duty, was,
upon legal conviction, committed to the prison of the
District (for want of a House of Correction;) but
having applied for, and obtained a Writ of
Honor the Chief Justice of this District, without be-
-ing obliged to give security for her appearence in
the Court of Kings Bench. Upon this enlargement,
the Negroes in the City and
threatened a general revolt; and one Jude,
Negro woman belonging to Elias Smith, of Mon=
-treal, Merchant, purchased by him at Albany,
on the
of Eighty pounds, New
and refusing to return, was, upon conviction,
committed to prison; but upon conviction,
committed to prison; but upon a Petition pre=
sented by her to the Court of King's Bench for this
District, holding criminal pleas, she was on the
upon the question of Slavery, discharged; the
Chief Justice declaring at the same time, in
open Court, that he would, upon
discharge every Negro, indented Apprentice, and
Servant, who should be committed to
the
That
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That His Majesty's Justice of the Peace having
thus no power to compel absconding slaves to return
to their owner's service, nor the owners any power to
enforce obedience, or detain their slaves in their
service, Your memorialists forsee that alarming
consequences to this Province may ensue therefrom
independent of the great loss which his Majesty's
Subjects of this Province, owners of Negro slaves, and
the Creditors of such owners, may sustain by the
disability such owners now labour under of pre=
=serving their property in their slaves.
That it may therefore please this House to frame
an act to be passed into a Law, ordining and
enacting, That (until provision shall be made by
Law for establishing a House of Correction), whenever
any
service in this Province it shall be lawful to proceed
against him or her in the manner directed and
provided for against
Servants in
-mit him or her to the common
where he or she may be apprehended, there to be detain
-ed as effectually as if the same was such House of
Correction, as by the Laws respecting indented
=tices
that the Keeper of the
to receive and detain such slave or slaves, under
the
may be liable on a commitment of
=prertices and servants in
slave shall return to his or her owner's service, or until
such slave shall be delivered by the due course of Law.
And farther, that no person shall knowingly aid,
countenance, harbour or conceal, any such deserting
slave; or, that a Law may be made declaring
that there is no Slavery in the
other
in its wisdom shall think proper.
Ordered, that the said Petition do lay
upon the table for the consideration of the
Members.
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A Petition of
thereunto subscribed, was presented to the
House by Mr. Papineau, and the same was
brought up and read -
Setting forth - That doubts have lately been
entertained how far by the laws and statutes in
force in this Province there can be any property in
Negroes and
the interests of many of the Petitioners, they feel
themselves deeply impressed with the necessity of
having it determined by an act of the Legislature
that Slavery under certain modifications exits in
this Province, and at the same time of vesting in a
more effectual manner the property in slaves in
their masters, and of providing laws for the proper
regulation and government of such a class of men
as come within the description of slaves. That the
Petitioners humbly conceive that such an act
would be of great and general advantage to the
Province.
That the Petitioners beg leave to submit that an
Ordinance of Mr. Raudot, Intendant of
dated
of His Most
“et negres qui out ètè achetès ou qui le serout par
“la suite, apartiendront en pleine proprieètè á “ceux qui en out fait ou qui en
“en qualitè d'Esclaves.” That this law which
was duly enregistered and published, and was
never altered or repealed the Petitioners humbly
conceive, was in full force as the Definitive
of Peace, and under the 14th of His present Majesty,
makes
That it appears in the opinion of the Petitioners
that since the Establishment of the African Company,
in the year
respects Negroes, has been established and confirmed
in all His Majesty's Dominions in
liberty was
time to the present day, to purchased slaves on the
Coasts of
posterity, were declared the property of the purchasers,
and of those to whom they were afterwards sold.
That by the statute 30 Geo 3. C. 27. made after the
close of the late unhappy war, it is enacted, “That
“from and after the
“person or persons, being subjects of the territories
"or countries belonging to the
"
“his or their family or families, to any of the
“Bahama or Bermuda or
"any part of the
"or any of the
"in North
“and settling there, it shall be lawful for any
“such person or persons, having first obtained a
"licence for that purpose from the Governor, or in
“his absence
“said Islands Colonies, or Plantations respectively
“to
“owned by His Majesty's subjects, and navigated
“according to Law, and negroes, household
“
“free of duty.” And it is also enacted by the
said statute
“the sale of any negro, household furniture
“
“which shall be made within twelve
“calendar months after the
same
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“same (except in case of the
“the owner thereof) shall be null and void to all intents
“and purposes whatsoever”
That if any doubt remained before the passing
of this act whether slavery really, under any modification,
existed in this Province, the Petitioners flatter
themselves this statute expressly recognizes its existence
in the same manner as it prevailed in all
His Majesty's Plantations in
late war.
That the Petitioners can assure this House with
confidence, that many faithful and loyal subjects
of His Majesty, after exposing their lives in
his service, and sacrificing almost the whole property
they were possessed of in the late calamitous war,
came into this Province with their slaves under the
sacred promise held out to them in the last mentioned
statute, and from an idea lately gone abroad, that
slavery does not exist in this country, have found
that their slaves on whom was all their
for support, have deserted them, and held them at
defiance. That as the Petitioners most ardently
desire to put the House in possession of all the facts
which belong to their case, they beg leave to inform
the House, that a Mr. Fraser, of their District, obtained
lately a Warrant from three Justices of the Peace to
commit to the House of correction his slave who had
deserted his service, (and who was one of three,
the only property he had saved from the
the late war, and his chief
in his old age;) and that on a writ of Habeas
Corpus being sued out, the slave was discharged
by the Court of King's Bench, under an opinion
that the property was not sufficiently proved by
Mr. Fraser. The Petitioners
a high opinion for the authority of that Honorable
Court, cannot but remark that the evidence produced
the best which it was possible in any case to produce,
and that the Court in desiring more, have asked what
it would be impossible almost ever to obtain, and in
this manner have
any property in them.
That is was stated in the course of the Judgment of the
Court, that the act of the 37th of His present Majesty,
C. 119 had repealed all the laws respecting slavery:
but this statute in the humble opinion of the petitioners
only goes the length to declare, that slaves shall
not in future be assessed for the payment of debt due
by their owners; it does not go so far as to divest such
owners of their property in their slaves, nor can it be
considered as tending to emancipate the slaves in
His Majesty's Plantations. That so far
subsequent act still further recognize slavery to
exist, and encourage the importation of negroes
from the coast of
That the Petitioners are extremely sorry to detain
the House so long on this occasion, so interesting to
them, as many of the Petitioners have paid considerable
sums for slaves who have deserted their
service, and all of them are deeply sensible that
this class of men who are now let loose on society,
and live an idle and profligate life, may be tempted
to commit crimes, which it is the duty of every
citizen to
That the petitioners under all the circumstances
which they have taken the liberty to state, cannot
but entertain a well grounded hope, that the House
will take this subject into their
and that they will pass such a Declaratory Act
as will give force and efficacy to the Law and statutes
which relate to this subject, and at the same
time that the House will by such means as they
think fit, secure to the owners a property in their
slaves
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slaves, and make such further regulations for the
proper government of slaves as in their wisdom may
be thought expedient.
And that it may therefore please this House to
frame such an Act as will declare that slavery
exists under certain modifications in this Province,
and will completely vest the property in
Negroes in the owners thereof; and further, that this
House will provide such Laws and regulations for
the government of slaves as in the wisdom of the
House may be thought expedient.
On motion of Mr. Papineau, seconded by Mr.
Ordered, that the said Petition, with the papers
thereunto annexed, and also the one
on the same subject, presented to this
House on the 19th April of last year;
be referred to a Committee of five
Members, whereof three shall form a
Quorum, to examine the matter
thereof, and report thereon with all
possible diligence; and that the said
Committee do meet in one of the
Committee Rooms to-morrow morning
at Ten O'Clock,
Ordered, that Messieurs Papineau, Grant,
Craigie, Cuthbert and Dumas do
compose the said Committee.
Monday,
Mr.
referred the Petition of
thereunto annexed, as also the one on the same
subject presented to this House the 19th of April of the
last year, reported, that the Committee had examined
the contents and matter thereof, and had directed
him to report their opinion thereon to the House-
and he read the report in his place and afterwards
delivered it in at the table, where it was again
read by the Clerk; and the same is as follows;
Resolved, that it is the opinion of this Committee,
that there are reasonable grounds for
passing a Law to regulate the condition
of slaves, to limit the term of slavery,
and prevent the further introduction of
Slaves in this Province.
Resolved, that it is the opinion of this Committee,
that the Chairman more the House
that leave be given to the said Committee
to bring in a Bill accordingly.
On motion of Mr.
Ordered, that the question of concurrence be
now separately put upon the resolutions
as reported.
Accordingly the said Resolutions were again
read, and the question of concurrence being
severally put thereon, they were agreed unto by
the House.
Resolved, that the said Committee have leave to
bring in a Bill for the purpoe aforesaid.
Wednesday.
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Mr.
“to regulate the condition of slaves, to limit the term
of slavery, and prevent the further introduction of
slaves in this Province", and the same was received
and read for the first time.
On Motion of Mr.
Papineau,
Ordered, that the said Bill be read a second
time on Friday next.
On
Resolved, that the Committee of the whole House
to whom was committed the Bill” For
regulating the condition of Slaves, to limit
the term of slavery and prevent the further
introduction of slaves into this province”
be revised, and that this House do now
resolve itself into the said Committee.
Accordingly the House resolved itself-into a
Committee of the whole House on the said Bill
Mr. Speaker left the Chair,
Mr. Berthelot took the Chair of the Committee;
Mr. Speaker resumed the Chair.
And
And Mr. Plantè moved, seconded by Mr.
That the House do adjourn till Monday next.
The House divided upon the question,
Years 6.
Nays 10.
Majority of four in the negative.
Several members having retired, the names of those
then present were taken down, and are as followeth,
viz,
Mr. Speaker,
Messieurs Plantè, Huot, Bedard, Perinault, Raby,
Martineau, Papineau,
At half past seven O'Clock, P. Me.
the House for want of a Quorum.
On motion of Mr. James Cuthbert, seconed by Mr.
Justice
Ordered, that Mr.
Bill to regulate the condition of Slaves; to limit the
term of slavery, and prevent the further introduction
of slaves into this Province.
Mr.
to the House and the same was received and read
for the first time.
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A Bill "To regulate the condition of slaves to limit
“the term of slavery and to prevent the further introduction
"of slaves into this Province," was according to order, read
for the second time.
On motion of
Ordered, That the said Bill be referred to a Committee
of the whole House.
Resolved, That this House will, upon Friday next, resolve
itself into a Committee of the whole House
on the said Bill
The Order of the day, for the House to resolve itself into
a Committee of the whole House, upon the Bill, to regulate
the condition of slaves, to limit the term of slavery, and
prevent the further introduction of slaves into this
Province, being read
The House resolved itself into the said Committee
The within are the extrats from the
Assembly for
to the eleventh
and that of the undersigned
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Court of Common Pleas
thouand seven hundred and eighty-eight
Present
The Plaintiff having in and by his declaration
demanded of the Defendants the sum of One
hundred pounds, currency, damages, or that
the Defendants do deliver up to the plaintiff
two negro Wenches, the one named
Negro Wenches the Defendants, for and in consideration
of the sum of Fifty pounds, Currency,
to them paid by
day of December, one thouand seven hundred
and eighty five
said
their natural lives; The Court having seen
the
return duly certified, and having taken into
consideration the Default made by the Defendants
on the
the Defendants having been again duly called,
this day, and not appearing in person nor
by attorney, it is Ordered that the Defendants
do forthwith deliver up the said Negro
and on default thereof that the said Defendants
be condemned to pay to the plaintiff, in his quality
aforeaid, the sum of Fifty pounds, currency,
with costs of suit.
We,
Patineau, Joint Prothonotary, in the city and
the Archives of the said Court as of the archives
of the former respective Courts of Common Pleas
and King's Bench in and for the said district of
true Copy of the Judgment rendered in the above
cause and entered in the Register of the said
of Common Pleas for the said district of
Given under Our Official signature
and the seal of the said superior Court for
Lower
in the
day
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one thousand eight hundred and fifty-
nine
Copy of Judgment
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Mil Sept Cent quatre vingh huit
et Jean LaGord, comparant par Mr. Ross,
avocat du defdr, d'autre part. Apres que
Mr.
par sa declaration tendante pour les
raisons y Contenues, aux fins de Condamnation
contre le defendeur au paiement
de la Somme de quarante Sept livres
du Chelins, pour le prix d'un negre libre
que le dit defendeur lui a vendu, et pour dommages et frais qui ont resulte de
cette vente, avec interets ci dessus.
un cerit de defenses, par lequel il conclut
que la demandeur dort renvote de
l'action avec depens, d'antant que dans
la vende du negre en question, il ne
lui a donne d'autre assurance que ce
qui est exprime en l'ache du sept
Septembre desmer, que d'ailleurs les
Commissaires n'avorent ausun droit,
pouvors ni autorite de prendre Commissaires
ni determinere aucuns droits de
propriete, et que d'autant que le dit
LaGord n'etort ponir partie en la dite
Sentence qui ils ont rendue, il ne peut
en Souffier ni etre affecte; a quoi Mr
nonobstart tontes les raisons donnes par
le defendeur, il dont etre tenu a lui
rembourser l'argent qui il lui a paye
pous le dit negre, ensemble les frais
et dommages qu'il a souffers par
cette vente frauduleuse, laquelle il
navoit aucun droit de faire pour quoi
presiste en les Conclusions
par les parties et leurs debats respectiss
et tont Considere, La Cour Condamme
le defendeur a payes au demandeur la
somme de trenre sept livres du Chelins
du Cours actuel, pous le prix du dit
negre, et remoye le demandeur au
Chef des dommages, aux interets de la
dite somme a comprer du
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juequia l'astuel pareineut et aux depens
We,
and
Joint
of
of the Archives of the said Court as of the
archives of the former respective Courts of
Common pleas and King's Bench in and for
the said district of
certify the foregoing to be a true copy of
the Judgment rendered in the above Cause
and entered in the Register of the said
Court of Common pleas for the said district
of
Demandeur
vs
Defendeur
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Copy of Judgment
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Court of Common Pleas
thousand seven hundred and eighty-nine
Present
The Court
having considered the pleadings,
Evidences and Exhibits filed in this cause, and
having fully heard the parties by their respective
Counsel, it is Ordered and adjudged that the
plaintiff do recover of the Defendant, the sum of
sixty pounds current money, being the principal
sum paid by him to the Defendant for the
negro mentioned in his Declaration, with
Interest on the said sum from the
of July
costs of
We,
Amedeè
the City and
Keeper
of the archives of the former respective Courts of Common
pleas and King's Bench in and for the said
district of
to be a true copy of the Judgment rendered in
the above cause and entered in the Register of the
said Court of Common Pleas for the said district
of
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thousand seven hundred and ninety-nine
Present
Defendant and
the said
and Incidental plaintiff
the said Jerris George
and
Manuel Allen a black-man of the
The Court having heard the parties by their
respective
incidental demand, and duly considered the
evidence of record; and in as much as the Plaintiffs
have
the property claimed in
to the defendant, and that the defendant is not in
possession of the said
be sold, nor can the defendant upon the evidence
adduced sustain a right to the same, It is
considered that the plaintiffs be dismissed of
their action and demand with Costs to the
defendant. And in as much as it appears
that
separated from her husband, and thereafter had taken
and received from the defendant
payment in the sale of the said
whom she had no right to sell, and that the defendant
hath not been legally maintained in a property
so undertaken to be transfered and conveged;
It is further considered that the said
the Incidental Plaintiff in this cause the sum of
Eighteen pounds with costs upon the incidental
demand. And the intervention of the said
Manuel Allen is dismissed, each party to
pay their own Costs.
We
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Amedeè
city and district of
well of the archives of the said Court, as of the archives
of the former respective Courts of Common Pleas and
King's Bench in and for the said district of
do hereby certify the foregoing to be a true Copy
of the Judgment rendered in the above cause and
entered in the Register of the said Court of King's
Bench for the said
and
Manuel Allen
Copy of
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Defendeur
Copie de Jugement
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vendredi le vingt huitieme jour
de fevrier, mil sept cent quatre
vingt quatorze
Presens
demandeur expose que le
Jugement de la Cour d'Appel du 19 Juillet 1793, a envoye
la procedure, a fin qu'il soit fait en
cette Cour tel que Loi et Justice
peuvent requerer, et conclut qu'un jour
soit fixe pour recevoir leur dence et lui
accorder les conclusions de sa declaration
avec depens.
qu'il ny a maintenant aucune contestation
ou issue soit en loi ou en fait
devant cette Cour, pourquoi conclut, qu'il
lui soit allerie de paiser contre la
declaration et que la Requete du
demandeur soit renvoyee avec depens.
dit, qu'il y a Contestation ou issue
suffisante pour recevoir l'evidence, et
persiste en sa Requete avec depens.
un quasi delit, d'avoir avec violence
amene et detenue Catherine Coll,
femme du demandeur et divers meubles
valant cinquarte livres, concluant a
deux mille livres de dommages, interets
et depens.
definit etre fins de non recevoir ou
Exceptions peremptoires, tendant a ce
que l'action ne soit pas recevable, par
ce que, Catherine Coll, allegeree etre
la femme du demandeur ou telle quelle
soit nommee on Connue, etoit
quasi- delit, l'esclave du defendeur,
l'ayant legalement achetee et ne
layant point vendue, emancipee ni
dechargee; qu'etant ainsi son esclave,
le defendeur avoit droit de la corriger,
transportes et disposer comme il a
fait d'elle et ses meubles; ce que
lui defendeus offre de prouver;
Pourquoi il conclut, qu'il soit juge si
le demandeur devroit avoir on maintenir
son ation, et qu'il en soit debonte
avec depens.
disent que la dite Catherine Coll,
lors du quasi delit, etoit sa femme;
qu'en loi du Pays elle n'etoit pas
l'esclave
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muebles appartenoient au demandeur,
enfin, lui demandeur conclut a
l'Enquete du tout par Jures.
soutenir sea fins de non proceder les
repetent, et afoutent que la conclusion
a une enquetre par Jures est en loi
erronnee, et devoit avoir ete pour
enquetre par la Cour; Pourquoi il
demande les conclusions de sa dite
exception avec depens.
son action personnelle, s'il est le
mari legitime de la femme, mais la
contestation est equivoquement ouverte
par le defendeur, en ce que la vraie
cause de sa seule fin de non recevoir
ne contient pas une denegation positive
que il demandeur soit le mari legitime
de Catherine Coll: Le Defendeur s'est
contente de dise en forme de discours,
ou d'admettre meme par hypothese,
que quoiquelle soit alleguee etre
femme du demandeur ou telle quelle
puisse etre nommee ou Connue, elle
etoit lors du quasi delit ou depuis,
l'esclave de lui defendeur. C'etoit
admettre au lieu de mer le mariage
allegue par le demandeur, puisque
le defendeur dans le Surplus de Les
repinses a la seule fin de non recevoir,
plaide par des defenses au merite de
l'action
son esclave, et les meubles sa
propriete, et par ses repliques
conclut contre l'Enquete par Jures,
mais admet l'enquetre par la Cour,
Enquete que la Cour n'avoit competence
de faire que de droit de propriete
de l'esclave et des meubles, et
en consequence il persistoit dans
les Conclusions de son Exception
comme sur un ponit de droit,
avec depens.
les defenses seront employees les fines
de non recevoir, millite des Exploits
ou autres Exceptions peremptores, si
aucunes y a pour etre prealablement
fait droit. Mais les formes ou
regles de proceder etorent Changees
avant cette action par la Cour, en
vertu de l'ordonnance Legislative de
la vingh Septieme annee, Chap. 4, par
les regles du 13 Septembre 1787,
enregistrees en cette Cour, dont l'article
9 separe les Exceptions des defendes,
ordonnant defiler toutes Exceptions
d'aucune expece le jour apres le
rapport de l'assignation, et les
defenses selon l'article huit, dand trois
jours
fins de non proceder ne s'est borne a
l'admission ou hypothese du mariage,
ou na pas exige, qu'a cet egard
le
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souten que Catherine Coll etoit sa
femme, il a nie l'esclavage et la
propriete et conclu a ce que du tout il fut fait enquete par des Jures. Le
defendeur offroit de prouver l'esclavage et la propriete par enquete en Cour.
Lespece d'une telle contestation exigeoit
done au desir des deux parties
selon leur offre.
1. Que le demandeur prouvant le mariage pour detruire la Seule
fin de non recevoir.
Que le defendeur prouveant
l'eslavage qui constituesoit sa
propriete alleguee pour defenses
au merite de Sa Justification.
purement de droit dans la maniere
que les parties offrent de les etablir, ce ne pouvant etre des questions de
fait, cas les loix de cette Province n'admettent point de mariage legitime
ni d'esclavage de fait, sans titres
authentiques et loiz expresses.
dond contre le demandeur qui avoit
erronement conclu a faire prouver par
Jures le mariage et l'esclavage, dont
de la Cour; sar l'ordonnance & Legislative de la 25eme annee Cess. 2 art 9
n'attribue la Competence aux Jures
quen
propres a convertir en dommmages, tant
pour les determiner les matieres de faits
en telle Cause que pour fixer le
quantum des dommages des torts
personels.
n'est pas de Changer les anciennes
loux de propriete ni de actions &
personnelles. sur quasi delit quant
au droit ou la loi; ni de renverser
la competence et le devoir des Juges
de decider des titres de propriete
de l'etat legal depersonnes et des
droits et actions; l'exception n'est
en cette cause que pour l'evidence des
faits resultant des torts personnels,
pour lesquels faits, les jures sont
competents en cette Province.
droit etoit sur le mariage; c'est
une question prejudicielle a l'action
en cette Cause; car le demandeur
s'il ne le prouve pas legalement
son action tombe. Cette question
d'etat etant pure de droit telle
qu'offerre, etoit de la Competence de
la Cour quoiqu'une question d'etat
peut etre en dertains cas proposee,
premierement en droit, comme le
mariage, et secondement en fait,
comme l'identite de la personne, et
tres
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propriete pour une question de droit,
exige de preuve testimoniale sur
la verite du titre, mais tout cela
est de la Competence de la Cour
en cette Province Si le fait a proiver
n'est pas delui des torts personnels
tout considere apres avoir entendu
les parties par leurs avocats et
delibere sur la requete du demdr
pour une Enquete devant la Cour,
la reponse pour plaider de Novo
et la Replique a la dite reponse; Consiterant l'exception on fin de
non recevoir defa deboutee, et les
points en Contestation ou issue mal
lies, La Cour Ordonne que le defendeur fasse fiter ses reponses
de novo a la declaration dans les
de lois des reles de pratique &
enregistrees entre les parties, quant
a tout ce qui a ete fait en cette
Cour depuis l'entree de la declaration
joint Prothonotary in the City and
district of
the
the former respective courts of Common
pleas and King's Bench in and for
the said district of
hereby certify the foregoing to be a
true copy of the Judgment rendered
in the above cause and entered in
the Register of the said Court of Common pleas for the said district of
Monreal.
Signature and the seal of
the said
Lower
February in the year of Our
Lord, one thousand eight
hundred and fifty nine.
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Tuesday the
Present
The Chief Justice
Mr. Justice
Mr. Justice
No. 113
The Court having
heard Mr Ker, of Counsel
for
claiming property to
a blackman, now
confined under a
warrant annexed to
the writ of habeas corpus, and Mr.
on the part of the said
produced by the said
It is considered that the said
from his confinement
warrant
We
of
Lower
the archives of the said Court as of
archives
Courts of Common pleas and King's
in and for the said district of
do hereby certify the foregoing to be a
true copy of the Judgment rendered in
the above cause and entered in the
Register of the said Court of King's
for the said district of
Given under our official signature
and the seal of the
Lord one thousand eight hundred
& fifty nine
(One
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on application of
for a writ of
14
Clk
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You are hereby commanded, that, setting aside all manner of excuse and delay'
you appear before our
the
there to testify, and the truth to say in a certain cause pending in said Court'
wherein
plaintiff and
defendant on the part of the
and herein you are in no wise to fail.
Served
Fee .50
Albert
office
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You are hereby commanded, that, setting aside all manner of excuse and delay'
you appear before our
the
there to testify, and the truth to say in a certain cause pending in said Court'
wherein
plaintiff and
defendant on the part of the
and herein you are in no wise to fail.
Served
Fee .50
Dr. L. C.
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& says that a jury selected from the jury list in the hand
of the jury commssioner will not be free from the prejudice,
which preclude a fair trial of a cause like the present
that a jury collected from the City will
include many who from prejudices of brith and
are not a fair
for the determination of the
and that he cannot safely go to trial without the
granting to him of a special writ of
for the summoning of a jury from the county on trade
of the city, that he cannot say that the
people & juries within the city are prejudiced against
himself: but that he
prejudiced against his
in the above entitled cause and that the cause
cannot be fairly tried
general law provider.
Wherefore he prays that the Court
here will make an order directing a special
of persons residing on the county on trade of the
AAffidavit for
Special Venire
Gantt
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Be it remembered that on the
defendant filed his affidavit
it) and moved the Court here to grant to
him a special venire
of a jury
Court held under
the
the same. To the overruling of
the said defendant at the time excepted
& presented this bill of
that it be
done.
Bill of Exceptions
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The defendant comes and
moves the court here to set
the verdict in this cause rendered & grant him
a new trial for the following reasons.
1. Because the Court improperly refused
a special
2. Because the Court admitted illegal &
improper evidence to the jury
3 Because the Court refused legal & proper
instructions asked for
4 Because the Court gave illegal and improper
instructions to the jury
5 Because the
is against the instructions of the Court
6 Because the finding of the jury
is against law
7 Because the finding of the jury
is against evidence.
for a new trial
p.d.
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We, the Jury in the case of
for the plaintiff
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10 That the institution of negro
legal existence and was sanctioned by the law of
the
which includes
the presumption is that she was legally
so held
In this cause the
to
of the plaintiff. If any point be left
obscure or not cleared up in the testimony
the defendant is entitled to the
benifit of
arising.
How old is
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In this cause the plaintiff asserts her
right to freedom on the following ground.
She claims that her mother
was born at
had no legal existence in the Province of Quebee at the
time of her birth.
On the other hand the defendant lays that negro
slavery did legally exist in the
of the birth of
That
in
Defendant pruchased her.
These being the conflicting
the Court declares the law to be as follows.
10. That the institution of negro slavery did have a
legal existence, and was sanctioned by the law of the land
in the Country called the
cludes,
20. That the evidence
as a slave and told as a slave in
tion is that she was legally so held and sold. If the
jury
dant.
9. p 9&10
Margant is
391
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upon any person,
and upon the
to the British the English Laws,
then the penalty of fifty Pounds
ceased,
upon any person
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The
the evidence, that after the cession of
the British slaves
as property, that by the English laws no distinction
of color was made, his that whites & blacks
were alike competent to
to serve as members of the Provincial Assembly,
these are circumstances to be
in determining the existence of slavery in
The
presumed from facts of circumstances, as for instance
where a slave acts as a free person, and such
conduct is continued with the knowledge and consent
of the Master
have been
the
such a presumption then plaintiff is entitled
to recover and the
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Whether
is a question, for the
evidence on the trial.
If slavery existed in
Laws
Courts decided, that after such cession
nolonger had there a legal
accordingly.
If
in
was then held and claimed
part of
that
an Act passed the 9
to prevent the further introduction of slaves, and to
this Province, and plaintiff was at the time of
the institution of this suit over the age of twenty
five years, then she is entitled to
suit and the Jury must find accordingly.
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If while
slavery had there no other legal sanction, than
the ordinance of the intendant
no evidence has been given, that that ordinance
received the sanction of the french
such slavery, was illegal.
If slavery existed in
its cession to the English, and the French Laws were
then superceded by the English Laws, and that
by these last, slavery was not permitted then from
the date of such cession slavery was illegal
until sanctioned
or
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Whether
is a question for the
If a person is unlawfully held as
a slave
his
Whether
question, for the Jury to decide from the evidence
on the trial. under the
you by the
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If negro slavery existed by virture of the
laws and ordiances of the French govern=
ment in
Country by the English and if the articles of
capitulation, the treaty of cession, the acts of
parliament of
documents then negro slavery was sanctioned &
permitted by law in the Country called the
pranence of
at all times from the year
And if you find that plff
daughter of
groes and
any time between
intitled to a verdict in her favor upon such
grounds.
Although you may believe that
was the mother of deft and was taken to & held
as a slave at
to
render a
case.
22
Given by the
Court
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person in
she was free either in
where she gave birth to the plff. and at
the Commenenment of this suit the
held her as his slave as alleged then you should
find for the plff.
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2nd
Be it remembered that when this case was
called for trail the Counsel for defendant
moved the Court to hear and consider the testimony
in the cause relative tothe legal existance of slavery in
was in that Country, prior to
ing of a jury and apart from a jury so
try the facts of the
vey then existed in
mined as matter of law by the
overuled this motion and decided that all the evi
dence in the cause
jury under the instructions of the
prevented this
2nd bill of exceptions
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3
Be it remembered that at the
Cause the plaintiff read in evidence to the
jury the
words
the deed from
following (here insert it, omitting Nov 2 certificates). And then
plaintiff offered in evidence the depositions of Pascal
Reed,
the defendant excepted upon the ground that the evidence
ing the
and
1 point, and to instruct the jury thereupon. Which objection
the
2 The defendant then especially objected to the reading of the 7
questions and
examination in
Which objection the
at the time.
3 The defendant also specially objected to the reading of the
answer to the 7
the part of the plaintiff, as being incompetent evidence, which
objection the
4 The defendant also objected specially to the reading of the
of
duly authenticated or proved, and that the same was illegal
the
time. The said depositions were then read to the jury in the
words
Certificates to). The plaintiff then read from the Printed Volume
the Kings
copied into the
without being copied into the bill of exceptions.
The defendant specially excepted
of
cherry and
incompetent which objected the Court
excepted at the time but the Court
The plaintiff then read to the jury the following
reported in the reports of the
The case of the
The care of Donegani v Donegani 3. Knapp's R. 63.
The case of Jephson v
The case of
The case of
The case of
The case of
The case of slave
A passage from 2 vol. of Gaineau's history of
being the whole of pp. 161 & 162 (insert it)
Also a book
the census of
may be read from the printed volumes without being
into the bill of
To the reading of the cases from the
jury the defendant objected on the ground that the jury had
no
should be addressed to the
same
submitted to the jury in the Cause which objections the
thereupon the defendant further objected to the reading
of the census of
being
in this cause which objection the
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To be added
to the testimony
in
of
County- I am familiar
freedom is the public Law of
by the
were declared to be free.
The Public Law of
all Frenchmen are free- Slavery was extended to the
Colonies, but this was an exception- the excuse
was the humanity of Las Casas who rushed to protect
the
to
of Louis
slaves into the
these negroes went to
returned, he became again a slave, unless while
in
that slavery existed in Canada- Canada was not
regarded as a colony
was
Majesty= The
establish
to be
Cross Examined-
Laws of
1st Immediately upon the jury being sworn
it was admitted by counsel of both sides, that
Louis and
Mother vis
children are held by defenant as his slaves
in right of his Mother, whose Executor he was.
2d the 9th questions and answer, were excluded
by the Court. The 7th-8th were read, but with
the intimations from the Court to the Jury that
the Court would construe by instruction the Law & it would
be the duty of the Jury to obey it
3o The same remark is applicable as just
made in 2nd objection.
4th this paper, if, as I suppose, the case of
was excluded- At least such certainly is my recollection.
And as it was excluded at the former trial, I took the
pains to have a fresh copy of the record attached to Judge
Badgley's deposition- & in that shape if it
I have no objection to this
7 7 Gautt
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excepted at the time. Defendant also objected to the reading
to the jury the passage from
p .161. as being matter directed to the Court alone. which
objection the
time-
The
who testified that he was the coroner of St Louis
that the was born in
that the made an attempt to
that he left
men should be free. That if slavery was established in
any French colony, it was an exceptional case.
On cross examination he said he knew nothing of the
muncipal law of
The plaintiff then called as a witness
who testified that he was a
-was 53 years of age- was acquanted with the civil code of
since
rule in
French colonies,
of
the
the soil and therefore negroes were introduced in the
Governers of the French Colonies had power to introduce
slavery therein except under exceptional
The plaintiff then called
he was now employed in the office of the recorder of
country must be 25 years old & must
office for 8 years two years of which he must have been
1st clerk & must then undergo an examination before
two
seen the Book
was ever legally established in
a French Province. Has no knowledge of
powers of the Intendant under the French Government
there.
this
And this was all the endence offered by the plaintiff
The defendant read in evidence the following
viz of Mad.
Mad.
(Here insert them omitting certificates.) And also the following
documents from the
in like manner in the
into the bill of exceptions
14 Geo.
Parliament of
Parliament of Upper
of
And thereupon the defendant prayed the
instruct the jury as follows (here insert instruction asked by
the defendant) which the
follows (here insert the instructions
giving of which the defendant excepted at the time.
There was a verdict for the plaintiff.
it was rendered the defendant filed the following motion
and the defendant excepting at the time to all of
said
prayed that it be
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which is done. It was admitted that all the
read were by agreement read with like effedct as
3d Bill of exceptions
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duly
by him
made of
himself to be
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Now again come the parties aforesaid, by their respective attorneys, and
the Court being now sufficiently advised of and concerning the premises, doth
consider and adjudge that the judgment rendered herein by the said
and effect, and that the said
said
have execution therefore. Opinion filed.
I,
of the
complete copy of the judgment rendered in the above entitled cause, as fully as the
same remains of record in my office.
Mandate.
Judgment
Affirmed
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If
in
slave, & sold there as a slave, &
as such before the
before &
are
the
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If the Jury find from the evidence that
& was brought to
slave and conveyed as such to a
in
executed before the
Upper
the Jury are bond to consider the said
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The Jury
traders residing in the North West
more right to hold a Slave in the North West Territory
in
Given
Plaintiff instructions Given in
modified by the Court by in
objected to by the plaintiff
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1st.If the jury from the testimony belives
that at the time of the birth, & Subsequent
to that time up to the time of the plff
mother leaving
exist in said province, & was not
nized
then they will find for the plaintiff
Refused
3rd If the Jury believe from the testimony that
of Jays treaty, in that case the treaty
would have no effect upon her.
Refused
If they belive from the testimony that there was
us law of the Government of
find for the plaintiff
Refused
If the jury believes from the testimony that it is
doubtful whether slavery existed in
all the time spoken of by the
the reason that the policy of civilized government
is in favour of freedom.
Refused
The jury are instructed that plaintiffs Mother
was not the property of any our, if they find
that she was bought & resided in the North
West
abolishing slavery in said Territory
by provisions of said Act
Refused.
Plff
refused.
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Refused
The jury are instructed that plaintiffs
they find that she was brought, & resided in
the North West
except by provisions of said Act.
Plff
Refused
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given
"Whether
Given
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Given
The jury are instructed that British
subjects or
after the British
hold a slave in the North West Territory
in defiance of the laws of
than
Plaintiffs
tion
ified by the Court
by
& the modification
objected to by plain
tiff
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Refused
5th= The Jury are instructed that the issue to
be tried is not whether
held there.
Refused
6th= The Jury are instructed that whether the Laws
of
a fact for the Jury to find and which
this Court cannot decide.
Refused
7 If the Jury believe from the evidence that
the plaintiff's Mother was
to the Laws of
limitation can win against her claim and
she cannot be
of time she has failed to assert it
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West
or
had no possession of the place,
they will find for the plaintiff
Refused
9 The
unless they believe that
held in slavery in
was free
recover
Refused
May 29. 1856
10 The jury are instructed that
there is no warranty
in the
Refused,
May 29, '56
The Jury are instructed that whether
the laws of
there is a fact for the Jury to find
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Given-
1 The
born or held as a slave in
was at
while those places continued in possession of the subjects of the
British Government, do not, nor does either of
there entitled the plaintiff to her freedom
Given-
2 If the Jury
-ry existed in
of the plaintiff was
the fact of her residence in
other places at the time in prossession of the subject of the
British Government and before the surren-
der of those places to the American Gov-
ernment, does not entitle the plaintiff to
her freedom,
Given-
3 The
tion to
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Slavery or
never did exist in
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2 If the jury find from the
slavery
of plaintiff was
of plaintiff was Here held as a slave. The
her residence in
at the time in prossession of the British Government and
before the
American government, does not
the plaintiff to his freedom
that the Mother of the plaintiff was
born and held in slavery in
and that slaves remained thence
and sold at
in 1795_and that she was and
at any time held as a slave on
16 Tuesday of the
was in the
states._ the plaintiff and entitled to his freedom_
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Given
1st If the Jury
that during the time that
of plff. resided or
of
did not exist there, either by
or by the usage &
ants
of that province, they will find the
slave for the plaintiff,
said Province, she was held in Slavery, or
Given
2d If the Jury
that
was held in Slavery or involuntary, & that after-
wards she was taken to
in the North Western Territory & other held in
such
ordinance of
of
had been
of
and the jury will find for the plaintiff.
By the
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Given
1st The facts that the Mother of the plaintiff
was
those places continued in
sujects of the British government do not
nor does within of them entitle the plaintiff
to her freedom.
Given
2nd If the Jury find from the evidance that slavery
existed in
was there held as s slave, the fact of her residence
in
possession of the subjects of the British Govern
ment & before the surrounds of those places to
the American Government does not
the plaintiff to her freedom.
Given
3. The
to
Given
4 If the jury believe from the evidance that
ada at the time when
She was held & claimed as a slave there the jury
may
Given
5. If the jury find from the evidance that
were actually held in Slavery in
Given
time when
held & claimed as a slave then the jury on
bound to presuance she was a slave
the plaintiff has shown
slavery then
Given
6 That the plaintiff has not given in
evidence any law
slavery in
not authorized to
law.
given
7 that a law
if any such
which the plaintiff
if
Given
If
tiff was in
as a slave
before the
executed before
the
Jury an
If the Jury find from the evidence that
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Given
And was always held in Slavery & was brought
to
as such to a Citizen there in
by formal
& authenticated
to consider the said
the contrary is shown.
deft
given
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Given
If the
their the become free by application
of law & they will find for the plff
Given
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Given
The jury are instructed that British sub=
jects, or traders residing in the North
West Territory after the
hold a slave in the North
tory
in defiance of the Laws of
then American Citizens had.
Plaintiffs instructions
Given
modified by the Court & the
modification
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
1 The facts that the mother of the
plaintiff, was born or held as a slave
in
places
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1. If negro slavery
French Government in
Country
Treaty of
and the Kings proclamation of
then negro slavery was sanctioned and permitted by law in the
Country called the province of
Given,
2. If negro slavery excited in the Country mentioned in the preceding
instruction, by law, in
to exist by
Province or of Great
effect of which the jury
of
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3 In this case the law imposes upon the plaintiff the
duty of making
to her cause. The jury is not at liberty to
any presumption in her favor:
fact
affirmatively shown by her.
Given
4. If at the time when
was permitted by law in that country, and
a negro or mulatto woman, then the presumption is
that she was lawfully so held; and in the absence of
all testimony on the subject, it is the duty of the jury
to find accordingly for the defendant
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6. The Jury are
is not whether
a slave in
there; in other words, whether negro slavery itself was
lawful in
any general custom of holding negroes in slavery is necessary
to prove its legality there; but if
fact,
to the positive laws or established usages of the government
or people,
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7. If a person is unlawfully held as a slave no length
of time will
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5. There is nothing in the 4
which can bear the construction that only the
negroes there named & not their
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9 That the fact that
or Fort
to be liberated.
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8. The jury is instructed to disregard all the statements
made by any of the witnesses whose depositions have
been read, relative to the trial of any case in
the Courts of Canada, wherein the right of any particular
person to be set at freedom was
in question or determined
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Instructions
for
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We the Jury find the issues
herein
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This Jury find a verdict for
the defendant
Verdict
Verdict
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refused
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20 Louis the 13
French Companies in French vessels.
as in bill of exceptions
An intendant had no power to establish slavery, Not
even could a
greater and who had in emergencies even extraodinary
On
his power, & know nothing of the Municipal
Laws of
25 years-
12th- As the bill of exceptions permits all
certificates to be omitted- So should be
added- that all the depositions taken
were duly attested & had been taken in the
cause-
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It is agreed by
for the plaintiff & defendants in thhis suit
that the instructions hereunto
the true instructions given & refused in the
That the instructions endorsed as given
by the Court were given by the Court
That the instructions endorsed “Plff
refused”, were asked by the plaintiff & refused by
the Court.
That the instructions endorsed
instructions given, were given by the Court
as asked by the defendant
That the instructions endorsed “Plaintiffs instructions
given modified by the Court by
& the modification objected to by the plaintiff
are
And it is further agreed by &
for plff & deft that said instructions
shall be made a part of the transcript of
this case,
on appeal, & shall be so made a part of
in
transcript of the instructions and it is
agreed that this case may be placed upon
the
Agreement of Counsel
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Commission-
Intendat de-
Justice Police et
Finance
de la
á la place
Louis par la Grace de Dieu
Navarre A notre
Salut-
de
de Justice Police et Finances au dit pays á la place du
exercer cette charge pour le bien de notre service et
de nos sujets etant
Justice qui doit
que vous aver tenue dans les differentes chanrges que vous
Conseiller de notre
á ces causes et autres á ce nous
et
Intendant de la Justice, Police et Finances
de
la
vous seront
et violences,
de
service, proceder contre les coupables de
quelque qualite et condition quils
connoitre de tous crimes et
qui
quelque personne que ce
Juges
par le Consuil
que dit
oriminelles
et
vicomte de
les neglements que
police
et marches, ventes achats et
marchandises, lesquels reglements
police particuliere, dans
et encas que vous
pour le
ou le retardenment de faire les dits reglements
dit Conseil
mime de juger
juste et
qui
toutes
et
yer
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reparations, fortifications, parties
et contributions qui
les
pour
Ordonnances
vous faire representer les
les controlles
seul la
dix pour cent, quart de
de quelqer
criminable
Jugements
prises a parties, recusations
de la distribution des
des dits
surplus
service et qui dependra
charge
donnant
special
de vous faire
Ordonnons
nos autres
de vous
de vous
l an
au dosent
Marine par nous officier
Général de la Marine, des Galeres et des
La Commision
Paysen date de ce jour régistrié au présent régistre
par
I Do hereby Certify the foregoing to be a true
Copy from the
This is the copy with
Intendant
Justice police et