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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.
Your pititioner
in Montrial in
and sixty eight
one or
to
until his death, which
the year
to him his family. That about the year
hundred and ninety five
Petitioner's mother the said
her to
city of
on the
said
States that on the
ninty eight
the said
to one Auguste Chonteau, together with her two children
describing them in said bill of sale as a “
and her two sons Benoist two years old and Juissaint ten
months old, both born in this county”:
said Didice
as to the title of
Petitioner further States that
her death - that whilst in the service of said
said
amongst whom is your petitioner,
of said
came into the
claimed petitioner as his slave, and to whom he did
the said
aforesaid and
now holds you petitioner in
Your petitioner claims to the freeman, first because his mother
was born free being a native of a British
was not tollerated and secondly because if his mother
born a slave, she because by her residence at
as aforesaid, a free person by
of
prays your honor to allow him to sue as a poor person in an
action of false
in order to
sworn says that the
forgoing petition are true to the best of his knowledge
and belief
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Being of opinion that the petition of Peirre,
contains sufficient matter to authorise the commencement
of a suit, I allow the same and make the following orders. Suit that said Peirre, be allowed to
to establesh his right to freedom, and do
Primm and L. B.
Second. That said Pirre have
attend his conusel and the Court, as occassion may
require: that he be not removed out of the jursidiction of the
Court, and that he be not subject to any
of his application for freedom.
vs.
Petition for
to
freedom.
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Peirre a man of Color complains of
hundred and forty two
Plaintiff, to wit at
then beat,
and then
detained him in
for the
contray to the laws of the said state and the will of the
and at the time of the committing of the
by the said defendant, he was
and that the said defendant held
vs.
Suit for freedom
Clerk will
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before the Judge of our
held at the
of November,
man of Color) of a plea of trespass
to the damage of said plantiff
dollars and have you then there this
I acknowledge myself bound for all costs that may accrue in the above cause.
vs.
Suit for freedom (
to freedom, an do
that said
to attend his
occasion may require: that he be not
and that he be not subject to any
Jud. Cir. of the
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And the said
defendant by his attorney comes
fends the
of the said
seid declaration mentioned &of their
he
vs.
plea
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Known Ye, that we, in confidence of yor 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
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 witness, 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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To above plaintiff
You are hereby notified, that Depositions of Witnesses to be read in evidence in the above cause,
on the part of
house of
in the County of and
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.
of November 1843
behalf of the
vs
Mr
one to
& one to
make your return on this one-
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vs
G.
Depositions for Defendant
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Deposition of
produced sworn and examined at the dwelling house of said
and state of
the Peace within and for the said Town of
a certain cause now pending in the
tiff and
the Defendant
examined on the part of the Defendant deposith and
says-
eighty six
province negroes and mulattaes who were held and
known as slaves- they were generally employed
about the house and treated as the house
in the slave states of the united states. They
were recognised as the property of their masters
and subject to be sold and disposed of- I do not recollect
any particular instance in which they were
I
township of
do hereby certify that in pursuance of the
and notice cause before me
sworn to testify the whole
matters in controvercy in the cause aforesaid that said deponent
subscribed by him in my presence at the dwelling house
of said
December in the year eighteen hundred and forty three
between the hours of eight in the forenoon and six in the
afternoon of said day and the said deposition is now herewith
Given and certified at
state of
and forty three.
I
of December eighteen hundred and forty three
and now is a Justice of the Peace within and for the Township
of
his acts as such
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Your are hereby Notified
that
in
of the plaintiff will be taken at the
of
in the year eighteen hundred and forty four
between the hours of 8 o'clock in the
taking of the said
on that day will be
at the same plae and between the same hours untill
completed
vs
Served this notice in the
day of January 1844
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examined On the
of our Lord eighteen hundred and forty four
Office of
and Courty, of St
and for the
cause
of Colour Plaintiff, and
Defendant.
John
and examined on the part of the plaintiff
small boy, he was in the
house of
I saw a woman of colour at
the year
which woman I was informed was
the N M Company of
I have frequently saw the mother of Plaintiff
Called
I do not have of my own knowledge wheather
she was the same woman I saw at
Came from
the woman I saw at
from
house of
woman
Plaintiff
dead about two months, I always believed
to he a man of truth he frequently
the same statement to me in
that
and do
told me about three
had asked Sd Garvey
of said plaintiff
told him he did that he the
has came with
and was the same
I have
Defendant
Ans
of the same year
Ans
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Q At whose house did you put up while
at
Ans I put up at no house.
Q Do you of your
where the Black Woman was from
of whom you speak in the first part
of your Testimony
Ans I do not
or since at
Q Do you
when you first saw her
Ans
Q Do you know
A I know him
at which
over five years of
or his
I cannot
Mr
at
to in the examination in cheif Mr.
said she was
as he was
of the last period of my
Farther this Deponent Saith not
I Mr
for the
that the Deponent John
and the whole
torversy aforesaid that he was
to
the hourss, and at the
Depositions taken in the cause be now
vs.
G.
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
Year eighteen hundred & Forty four
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.
vs
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
year eighteen hundred & forty four
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.
Execd the
1844
vs
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
the year eighteen hundred & forty four
testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein
defendant on the part of
and herein you are in no wise to fail.
vs
Executed the
February 1844
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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
certain deed from
666, and the last
and herein you are in no wise to fail
vs
Executed
ruary 1844
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his Counsel
the
for the following reasons
1 Because said verdict is against
law.
2. Because it is against evidence
& the weight of evidence
3 Because the court gave wrong
instructions &
instructions asked on behalf of the
4. Because the court
examine the Jury as required by
this defendant previous to their being
sworn in the case
vs.
trial
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Be it remembered
that on the trial of this suit the plaintiff
introduced Pascal S.
certified that in the year one thousand
hundred and ninety four he saw at michil
she was their acting as a servant in the
Kitchen of one
next time that he saw her she was at
as he had got her
priest: that mackinaw, at the time afore-
said, when he saw her there, he had un-
til lately, thought was then in the posses-
sion of the Americans: That plaintiff was
who brought her to
told the witness that she had come from
in that city: that in the year seventeen
hundred eighty one he witness saw at
ken from
saw at
by the Indians, but that he does not know
whether they were slaves or not: that
he never saw any preson sold as a
years old he want to
in
& since then, had never been there: that
plaintiff is held as a slave of the
of
administrator & has control over plaintiff.
that he knew rose the mother of the plain-
tiff at
nine years ago, more or less, which place
was then in the hands of the British; about
a year or eighteen months after that he saw
her again at
of one Stock where she was a slave or
Servant, he is unable to say which: he after
longed to
the British at the time he saw
that a year or two after he saw her at
the English
of our people: he
commanded, & the man lasted three or four
months: that said Stock was an English-
man a
own & lived there & was a trader & many
of the principal people
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as a
her start off, & when he came back he
said he had bought her for a horse:
that she did not see the sale made
that the said purchases took her to his
house, & stated that she was his slave
that she saw the
wards at
in montreal but whether those slaves were
ever sold, she did not know: that she
had seen those slaves, they were men &
women: their master stated that they
were slaves, & it was
were slaves; they were not
roughly as slaves are treated here, and
were employed as house
the year
this country 57 years ago.
testified that he is seventy three years of age
and was born in
were slaves in
asked their
that those slaves were held by
& by major
The plaintiff by his counsel, there read in evidence
the
that Spanish Archives at
word's & figures following (here
translations of conveyance from
The plaintiff here
dant then offered in evidence the following
deposition of
the deposition) the plaintiff
reception of the same in evidence an the
ground of the incompetence of the testimony
which objection the
ded the same: to which opinion of the
excluding said deposition the defendant by
his counsel excepted.
Madame
that in the year
with
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that he witness lived opposite to Col.
in
that he never saw any of them sold &
know whether they
On motion of the plaintiffs, attorney the
court excluded from the
of the Jury all the
toine
on the Same tended to prove the existence
of Slavery in
of the
fendant by his counsel excepted.
The defendant their read in evidence the
merce & nevigation between his Britannic
majesty & the
of November in the year seventeen hundred &
ninety four
in the
as a part of this Record.
The defendant also read in evidence an ex-
tract from the speech of
President of the
of
in the year seventeen hundred and ninety
six,
“The
affect the traty of
gation between the
annic Majesty necessarily
reception of the posts stipulated to be de-
livered beyond the date assigned for that event,
As soon however as the Governor General
of
ty on the subject arrangements were cor-
dially & promptly concluded for their evac-
uation and the
of the principal of there comprehending
Oswegs, Niagara, Detroit, michilimack-
inac & Fort Miami where such repairs &
additions have been ordered to be made
as appeared indispensable”.
No other testimony was given in the case, the
defendant then asked the court to instruct
1 The facts that the mother of the plain-
tiff was born or held as a slave in Can-
ada, and was at Michilimackinac and
tinued in possession of the British Gov-
ernment, do not nor does either of them
entitle the plaintiff to his freedom.
2 If the Jury
that Slavery existed in
mother of the plaintiff was there held as
as Slave - the
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4
in possession of the British Government
and before the surrender of there places to
the American Government does not in-
vite the plaintiff to his freedom.
While
each of them to whcih referral the defen-
dant by his counsel executed.
The Court then of its awe mother - in-
structed the Jury on follows.
Slavery or involuntary servitude never
did exist in either of the Canadas, to
the giving of which instruction the defen-
dant by his counsel executed.
Before the Jury were
and after they came
tion the defendant
of the
any of them, felt
a verdict
of plaintiff notwithstanding the law might
hold him in slavery: which question the
the
his counsel excepted,
to sign & seal this his Bill of exceptions
which is done accordingly
dant there moved for a new trial
for the following
ting (
tween the court
decision of the court
same &
Seal this his Bill of Exception
which is done accordingly.
vs.
Bill of Exception
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The defendant prays
an appeal in this case & being duly
sworn on his oath says that his said
appeal is not made of
duly but because they
that he is
of the court
vs.
Affidavit for
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vs
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Appeal from
This was a suit for freedom, brought
by
rendered for
The petition of
his mother
in Lower
by one Stork, where she remained until his death, in or
about the year
family. That about the year
of title, though
several children amongst whom was the petitioner. That
after the death of A. Chouteau, the petitioner came into the
he is held in slavery.
in which slavery was not tolerated; Secondly, that
if his mother was a slave, by his residence at
ordinance of
Western Territory.
On the part of
in
rie Du
the period of Rose's, delution at
was in the possession of British subjects. It was shown
in evidence that
of
of the estate of
by
to one
read in evidence, also a conveyance of
made by
in
The defendant below gave evidence, tending
to show, the actual existence of Slavery in
year
subject to be sold. That
sold as a slave in
by Great
The Court excluded from the con-
sideration of the jury, all the evidence tending to prove the exis-
tence of Slavery in
taken.
The following instructions asked by the plain
-tiffs in error, were refused by the Court. 1st That the facts
that the mother of the plaintiff was born and held as a slave in
those places, continued in the possession of the British Government
do not, nor does either of them, entitle the plaintiff to his freedom-
2nd If the jury find from the evidence, that slavery existed
in
held as a slave, the fact of her residence in
places, at the time, to the possession of the British Government,
and before the
to his freedom. Exceptions were taken to the referral of
these instructions.
The court instructed the jury, that slavery
or involuntary servitude, never did exist in either of the Canadas. An exception was taken to the giving this instruction.
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Before the jury were sworn, the defendant below asked leave to
enquire of the jurors when sworn to answer questions, if any of
them felt bound in conscience to find a verdict in favor of the freedom of
the plaintiff, notwithstanding the
The court refused to permit this question to be part to the jury, to
which
The first point we will notice is that growing
out of the refusal of the Court, to allow a juror to be asked, if he felt in
Conscience bound to find a verdict, in favor of the freedom of the plaintiff,
notwithstanding the law might hold him in slavery? We cannot
well conceive, how a juror could be considered as indifferent between
the parties, who labored under the
Nor do we see what objections can be urged against its pro-
priety. An affirmative Answer does not tend to the disgrace
or infamy of the juror. We
in our Sister States, who do entertain such opinions, they
may find their way amongst us, and so long as Slavery
is tolerated in this State, our Courts should be clothed with the
power of preventing our laws, from being openly set
at defiance, and under the pretence of administering
justice, to permit jurors to trample in the dust, the
rights of property of our Citizens. No loyal or faithful
Citizen will object to answering the question. It will fully
appreciate the motives which prompt it, and while he
laments the cause, which renders such an enquiry
necessary he yield a ready obedience to the law, which
prescribes such a test, in order to ascertain his fitness
as a juror, in cases involving the right to property,
of the species claimed by the defendant in error.
We are not without authority on this question.
In the case of
which was a suit for freedom, a juror was called, who,
upon being questioned avowed his detestation of Slavery,
to be such, that in a doubtful case, he would find
a verdict for the petitioner, and that he had so
expressed himself in the very case, and that if the
testimony were equal, he should certainly fined a
verdict for the petitioner. The Court which tried
the cause, instructed the triers that he did not stand
indifferent. This was
and chief Justice
observed, that Jurors should be superior to every excep-
tion, they ought to stand perfectly indifferent between the
parties and that the court below exercised a sound discre-
tion, in not permitting the juror to be sworn. The objection
now under consideration is much more forcible, than
that in the preceding case, for if suppose, that the juror
will not find a verdict for one of the parties, at the law and
the evidence be as it may, where as in the other the juror
had only declared that in case of a doubt or
of the testimony, the claimant should have the benefit of
it. On another occasion, Chief Justice
speaking of the qualification of Jurors remarks-
I have always conceived, and still conceive, an impar-
tial jury as required by the common Law, and as secured by
the Constitution, must be composed of men, who will fairly
hear the testimony which
in their verdict according to that testimony, and according
to the
the law does not expect it, when the jurors before they hear
the Testimony have deliberatly formed and delivered an
opinion. The Jury should enter upon the trial, with
mind, open to these impressions, which the testimony
and the
preconceived opinion, which will resist those impressions.
The instruction given to the
jury, to wit, that slavery or involuntary servitude,
does not, nor never did exist in either of the Canadas
is complained of by the plaintiff in error. There was
some
actually exist in
the plaintiff (
the instruction can only be predicted, on the
the proof of the existence of slavery, can only be
by position
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5
with the history of the introduction of slavery into
In the Colonies owned by European powers on this Continent, the existence of slavery
was recognized by many enactments, but no legislative Memorial
has been discovered, which expressly authorized the subjection
of the African Race to bondage. The
possessing Colonies in
supplied them with
-merce of the Mother Country, was the foundation and the
right of the Colonists, to hold these slaves in servitude
Slavery seem, to have had no other origin in
So ardently did the English nation engage in this commerce,
that it was persisted in although against the
of a Colony into which the slaves were introduced.
Utricht, by which she obtained the assiento or contract
for supplying the Spanish Colonies with negroes, which had
formerly been enjoyed by France. Spain, it seems, was
the first European Kingdom, to introduce negroes into
servitude. The territory of which this state composes
a part, has been subject to both the Kingdoms of
notice of the laws, which prevailed here under their
respective Governments.
treaty of by B. was a colony of
that no law ever existed here, under the French and
Spanish Governments, which expresly authorized the
Slavery of Negroes, although such Slavery did in fact
exist. Nor has such a
of the British Colonies, although Slavery
existed in all of them. Seville vs
Con:
There was evidence conducing to
show that Slavery did in fact exist in
and if there was a law prohibiting it, by what
authority did the Court take Judicial notice of
that law?
The Statute under which
prove his right of freedom. Then it would seem, that
it
Slavery; for from the preseding account of the origin
of Slavery in
ranted in saying that institution was illegal in
places where it actually existed for want of a law
expressly authorizing it.
As to the ground on which
bases his right to freedom, growing out of the fact of his
mother being held as a slave in the posts of the North
Western Territory Contrary to the Ordinance of
prohibited Slavery within its Limits, we are of opinion
that the possession of those posts by British Subuects,
at the time of her detention at
of the ordinance within their limits and jurisdiction.
It is assumed that the Courts will take notice of the history
of the Country.
the land, and will be judicially noticed by our Courts.
In the definition treaty of
Great
garrisons, and fleets, from the
every post, place, and harbor, within the same. This
treaty was not fulfilled on the part of
She alledging as a justification of her conduct,
in this respect, a violation of other articles of the
treaty by the
ued between the two countries, until the
when a treaty of
was concluded between Great
garrisons, from all posts and places within the
boundary lines, assigned by the treaty of peace
to the
take place on or before, the
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the
direction their settlements to any part within the said
boundary line except within the precincts or jurisdiction
of any of the said posts. All settlers and
the precincts or jurisdiction of said posts, were to continue
in the
of every kind, and be protected therein.
at full liberty to remain there of to
any part of their effects, and they were free to sell their
homes, lands or effects, or to
at their discretion,
the said boundary lines
citizens of the
to the government thereof,
to do so if they thought proper, and they were to make and declare
their election within one year after the evacuation aforesaid.
On the
then President of the
the two
during the late session, at which the appropriation
was passed, for carrying into effect the treaty of
his Britania Majesty, necessarily
reception of the posts stipulated to be delivered beyond
the date assigned for that event. As soon however, as
the Governor General of
properity on the subject, arrangements were cordially,
and promptly concluded for their evacuation, and the
prehending,
anae
Vol. 1. Title, Foreign Relations.
Then it appears, that the North
Western posts were not until after
-dered by Great
them owed no allegiance to our Government, that they
were protected in the enjoyment of their property, and
that the
their jurisdiction within the said posts or precincts, until
after the period assigned for their surrender, then clearly showing
that before that period, they claimed no jurisdiction in the
said posts or precincts. The foregoing provisions of the treaty
of
Government of the North Western Territory, never
had any force or validity in the posts or precincts occupied
by Great
before the period assigned for the surrender of the posts,
and that during her detention at that placed, it was
in the possession of British Subjects. Then she never
Could have acquired any rights under the ordinance of
and consequently the instructions asked by the plaintiff
in error, should have been given.
Whether the laws of
permitted Slavery there, is a fact for a jury to find,
and not for the
there laws, if there be such, bring to in foreign laws.
I Hampton
of the
the above & foregoing opinion of the
the January
vs
now on file in my office.
Review under my
at office in the City of St
day of February in the Year of Our Lord
One thousand Eight hundred and forty five.
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Appeal from
Now at
by their respective attornies, and the court here being now sufficiently
advised of and concerning the premises, do consider and adjudge that
the judgment aforesaid in form aforesaid, by the circuit court
be reversed, unnulled; and for nought held and esteemed and the cause
remanded, to the said
to the opinion of this court herein delivered.
I
of the
of the
in the case of
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And now on this day
The Court for a
the
be
the above
vs
Motion for 24
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Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents, authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our
a man of color is
plaintiff, and
defendant, all
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 par-
ties; 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 pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, 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 con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory 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 commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit Curt in and for the
county of
with all convenient speed.
I
the district of
and return that in as much as no Interogatories are annexed to the
within commission, and no other official and authentic means are offered
whereby the matter in controversy between the within named parties may be
ascertained I am unable to execute, and do therefore return, the said commission
to the authority from
to had thereon
The undersigned,
William G. H. Coffin and Louis J.
notary of Her Majesty's Court of
commissioned and sworn as one of Her Majesty's Circuit Judges for the
said
writing by him so signed full faith and credit are and ought to be
given in jurisdiction and thereout.
vs.
Chateau
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It is hereby
case. That all Depositions legally taken in this case or which
may hear after be taken in
on the part of the plff or defendant. shall be
read
of Louis against
the children of
by
their freedom in which the attornies to this
agreement are
the
that
of
of
so far as the same may effect or
the subject of
used in evidence in the cases above
provided the said
upon in
proclation or acts of either of the aforesaid
the great
shall with them to be had in
This memorandum
no
been or may be taken in
vs
Agreement of Attys.
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You are hereby
justified that depositions of the witnesses, to be
part of the plaintiff will be taken at
the office of
in the
on the
between the hours of nine 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 finished.
Served the within notice in the county of
to
vs
Notice to take
depositions
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Know Ye, that we, in confidence of your prudence and fidelity, do by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our
(of color)
is
defendant, all
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 par-
ties; 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 pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, 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 con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory 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 commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the
county of
apprears by the
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In notice of the annexed commission
examination of witnessed on behalf of the
Plaintiff in a certain cause pending in the
said Court, wherein
Plaintiff, and
the said Commission
and
or other judicial officer of
of the eastern part of the
heretofore
the
in the said eastern part of
on of the Circuit Judges in and for the said
district of
for the plaintiff, and
for the Defendant,
of the
one thousand eight hundred and forty six
persuant to the notice annexed to the said
Commission; The Commission read:-
then stated his in ability to
improbability of his being
come to
witnesses, the one by reason of
and also that he,
to
produced on the Plaintiff's behalf; and
therefore requested an adjournment of the proceedings
for a few days;-
adjournment;- all further proceeings under the
said
adjourned to the
noon
By consent
R.S.
Persuant to the adjournment above stated the Counsel
of the parties duly
the
purpose of his examination, his
permittings his examination elsewhere.
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Depositions of
sworn, and examined at
in the
East, in a certain
Misspouri, between
the Plaintiff:—
The Honourable
and
you
the court of
now reside.
you interested in the suit?
am I intrested in the event of the suit.
during which time I have had occasion to
Answers-I have held the
for seventeen years, and
of Chief Justice of the same Court, for
fifteen years.
of the
British Government?
British Government by
British arms in
Country was afterwards
Britain by treaty of
the country was under the dominion of the French
Government?
Answers-
dominion of the French Government, although I
can find
recognized
Colony, permission was given to the
the principle that they would prove useful in
the
practice which had
which there was no law, by authorizing
the particular
relies also upon the
2
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3
all colonies should be placed upon the same
footing in regard to slavery as those in the West
Indies. Slavery formed no part of the public
law of
the Crown for its establishment and accordingly
we find, that by this authority, it was introduced
into the West India Islands by the
Code
or any governor of a particular colony, could
establish therein, such a general principle of
further law, as slavery, without the special authority
of the Crown, and it may be informed, from the
expressions
impression by his stating that he made the above
sous le bon plaisir de sa
which bon plaisir I see no when noticed or
confirmed. It is certain, however, that from the
time of this Ordinance and even before, slavery
of
practised, and was still continued in the colony in
form for the emancipation of slaves is established
and directed to be observed. So for the existence if
not the
the conadians upon their surrender of
to the British arms in
to slaves then in
Crowns- The forty seventh which reformed to them particularly.
To
of the negroes and
were born in
Answers- I think not Children born under the British
cannot be considered as slaves, whatever their
parents may have been.
To Question 9- Did any and what change in the civil and
criminal laws of
capitulation of the Country to the British arms
in
Answers- In regard of the
laws and customs of the Country, as formerly
administrated and recognized, were temporarily
continued.- In regard of merchants and traders,
and others, I believe, the laws of
To Question 10- What was the legal effect of the Kings Proclamation of the seventh of
on slavery in
Answers- I consider the legal effect of that proclamation
was, to carry with it the abolition of slavery
of every friend in the Colony;- the exception contained
in the forty-seventh article of the capitulation
of
Negroes and
but could not be extended to their issue
subsequently born.
To Question 11- Was slavery ever afterwards (except in
regard to the negroes and panis mentioned in
the 47th article of the capitulation,)
by law, or as being legal in
Answer- As for as I know and
after that period (except in the cases referred to
was never recognized, nor considered as
being legal in
3
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5
To
Answers-It was
parliament 14
new system of
. The administration of the criminal law of
in criminal matters, and of the law of
civil matters, having been thereby established, and
To
of
courts of justice in
was the result of the test?
Answers - I am informed that a case was detrmined in
the Court of Kings
by the Judgment of that Court of the
of February 1800
had been arrested as a slave for having his
writ of
the ground, that no slavery existed in
The Witness was then, by
Defendants Counsel, cross-examined, and
answered as follows: -
Government in
legislative as will as Judicial powers?
Answers - I believe they were-
as it invests him with legislative powers?
Answers - I cannot say, not having been able to see or know
the
you
not the Ordinance in question be in
have been
Answers - The words “sous le bom plaisir
of
of the
during his administration as
I can discover, except in the particular Ordinance
in question - As the King of
power of control over the
was made by it to that
the expression of such
to give validity to the Act or Ordinance that
in the
act of high authority in any legislation, and more
especially in
that
opinion is, that
to establish
establish
of the King.
of the
existance of
Government?
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7
Answers- The language of that Ordinance implies that he did.
To
the capitulation, referred to in your examination
in Chief as follows:
“Act: XLVII- les negros et panis des deux sexes
“resteront en
"des Francais et Canadiens
a qui ils appartiennents;
“il
a
“de la Colonie, ou de les Vendre, et ils pourront aussi continuer a les
“faire
elever dans la religion romains,”-
“Accordé, excepté ceux qui auront
étés faits
“Prisonniers.”—
Answers- Yes.
contain any proviso or limitation as to slaves,
beyond the restriction as to prisoners, and did
the conquerors stipulate any thing as to the freedom
of the offspring of slaves.
Answers- The articles of capitulation contain no proviso
or limitation as to slaves, except as to prisoners nor
do the conquerors appear to have stipulated any
thing as to the offspring of slaves.-
To Cross-Question 7- In your examination in Chief you state that the
legal effect of the
October 1763
of slavery of every kind would you please
state whether it had that effect in
the
Grenadines, Domonica, S. Vincent, and Tobago,
which an therein mentioned, as well as the govern-
ment of
Answers- In my answer to the lenth introquatory in Chief,
I stated, that the effect of the proclamation of
was the abolition of slavery of every find
in the Colony
having
one in question. - I cannot say what effect this procla-
mation may have had in the
places mentioned in this Interrogatory, not being ac-
quainted with the then existing laws in those places-
but I do not think that this proclamation could
have had the effect to abolish slavery there, if it
was then legally established and recognized.
To Crop- Question 8- Assuming that this proclamation abolished
slavery in the Government of
proclamation revoked by the 14th
see: 4, and all and every the Ordinance and
Ordinances made under it
Answers,- The British Statute 14th
and made
of
in order to make way for a more efficient system
of Government, but this did not affect the rights
of Colonists who had
British subjects under that proclamation, whereby
they became
personal freedom, as much as to the air they
breathed.
To Cross- Question 9,- Are you aware of the existence of any
act of the parliament of Great
to the Kings Proclamation adverted to, and posterior in
date
nizing slavery in the Province of culture, and regulating
the importation of slaves therein.
Answers.- The British Statute 30
I Presume is
a particular
subjects of the
and countires thereunto
their
8
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9
their property and affects in His
in
in
having first obtained a licence from the Governor, or
that purpose. I do not consider this statute as
any part of this Colony, but in a very limited manner
to a particular
under particular circumstances. The
of the
right over the property they brought with them
as they held by the laws of the Country from which
they
no slavery existed in any of
in North
out an
where slavery was authorized, by
the services of these slaves they brought with them,
so that it is through this limited channel only that
this slavery, for the few years it existed, can be
traced to any part of this Colony. The Statute
referred to, which it constitutes a particular exception,
in
30th
dominions in
with some modifications of
Answers - It is
by Royal
called Upper
Answers, - It was.
the Provincial Parliament of Upper
its
institution of
Answers - There is an act of the
Upper
the purpose of preventing the further introduction
of slaves into that province. This Act appears
to have reference
that Province, in which immigrants were
Settle, under the British Statute 30
27, and provides for the abolition of a
which had so partially existed.
by the legislature of Lower
of the fact?
Answers - I have no knowledge of any similar act of the
Legislature in Lower
existed, it is probable I should have known it.
There would not
such an act in Lower
known to exist there under any
Government. The immigrants who brought
with them under the British Statute 30
ch. 27, appear to have
the means of settlement were principally provided.
10
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Answers They were.
or persons has or have held and
more slave or slaves in
to state by whom
and at what time
Answer,- I have
and
I,
Esquire, a Circuit Judge for the
the Honarable
examined, and his examination
and subscribed by the
and six of the clock P.m. at the
house of the deponent in the said city of
and
11
And thereupon adjoined to the
A.M., and then, by consent of parties, and for
their and my
at
12
Personal to the
the parties counsel not me at the Court house in this
City, and
witnesses on behalf of the Plaintiff as follows:-
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13
To Question 1st- What is your name, and your profession, and where
do you
Answers,- My name is
Justices of the Court of
in the city of
To Question 2nd.- Do you know the parties, and are you interested in
the event of this suit?
Answers- No.
To Question 3rd.- How
you well acquinted with the laws and usages
of that country?
Answers- I have resided in
fifty years, and am acquainted with the laws
and usages of that Country.
To Question 4th- How
raised to the Bench?
Answers.- I was appointed one of the Justices, or Judge, of the
Court of King's Bench in the year
held my appointment from that time as Judge
to the present day, originally as judge of the Kings
Bench, and subsequently as judge of the
applications;- I had practised the law twenty six
years before I was called to the Bench.
To Question 5th.- When did
of the French Governemnt, to that of the British
Government?
Answers,- The Conquest of
British Government from the French
Government
and the definitive cession of the Country from the
latter Government to the former was established
by the treaty of peace concluded between those
powers in
To Question 6th.- Was slavery of negroes, or of other persons recognized
and allowed by law in
was under the dominion of the French Government?
Answers.- I belive that a modified system of slavery
respecting negroes, and some others, was de defacto
exercised in
the country remained under the French dominion
but I cannot undertake to say, that such
de facto
exercise of slavery was justifiable under sufficient
ligitimate enactment, and a correct interpretation
of the laws as they then stood;- my opinion is the
contrary.
To Question 7th. Did any and what charge take place in the laws
of
of the British Government, and what was the effect
of such change — firstly, in regard to negroes and
Negroes and
Answers,- Several changes took place in the law of
when the country came under the dominion of the
British Government. Among others, the rights of
the subjects or inhabitants became more extensive,
and the British public or national law and
rights superceded the French. The legal &
effect of the changes would, in my opinion, have
been
per se (
to the contrary,) to extinguish slavery, and put an
and to any pretended right of man in his fellow
property, and would have extended (stipulations
expressly
14
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15
expressly to the contrary excepted,) as will to abolish
slavery, and to give freedom to the
then in existence, as to the same effect in
negroes and panis subsequently borm in the country.
The law of
color, equal rights to personal freedom, and legal
protection.
To Question 8th.- Did the 47th article of the capitulation of
to the British arms, in
of the Children of the negroes and
mentioned as were boon in
capitulation?
Anwers,- The 47th. article of the capitulation in
1760
negroes and
in
opinion
could not have legitimately been enforced after
the treaty of peace of
those negroes and
and who continued in
only a temporary act or agreement by commanders,
or subordinate powers, subject to be afterwards
modified, changed or set aside by the mutual agreement
under a treaty of peace of the Sovereign powers on
both sides. The treaty of peace therefore superceded
the capitulation, and the treaty of peace did not
sanction such a violation of the British public law
as would have been established by a continuation
of Slavery in
commander, as such, could extend to establish, per-
manently, a law at variance with the public law of
the sovereign, or sovereignty, under which he served.
To Question 9th.- Was Slavery (except of the negroes and
mentioned in the said 47th. article,) recognised by
the
capitulation of
Answers.- Slavery was never recognized by the law of
at any time subsequent to the capitulation of
To Question 10th.- Was the Kings Proclamation of the
1763
what law, and from what date was it so repealed?
16
Answers.- Some of the provisions of the proclamation of the
Government of
other civil officers thereof, were revoked and
made void from the
the statute of the British parliament, 14th.
the third, chapter 83, papers in the proceeding year,
and commonly called `the
To Question 11th. - Did the revocation or repeal of that proclamation
effect the revival of any laws
existence before the Capitulation?
Answers.- No revocation,
Proclamation of
any laws respecting slavery in existence before the
capitulation of
slavery in
To Question 12th. - Was the legality of the Slavery of Negroes,
or other persons, were tested in the Courts of Justice
in Lower
result of the test?
Answers.- The question of the existence or legality of slavery
in Lower
before the Courts of Justice there, and all Slavery
has been adjudged illegal in lower
a case decided in the Court of King's
16
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17
one thousand Eight hundred,
negro called
slave by on
Court set him free. There have been cases of alike
clear, and too well established to admit of
doubt, altho this laws, in that particular, are the
same as they have been ever since the cession of
the Province by the Treaty of Peace of
To question 13th Are any or either of the Judges who described
the case to which you refer now alive?
Answer,- I belive the Judges who
negro
on one of them, namely, Judge
in
as I have understood and belive, a
years ago.
(The witness then answered to the
crop- questions of
Counsel as follows:-)
To
in your examination in Chief you say existed
in
continued for some years- and how many years, to
the
therefore under the
Answers- I Cannot say that the modified system of
slavery which existed de facto under the Franch
continued de facto in
Who
who before were held in slavery continued to be so
held if they made no application to the proper
anothrities to be discharged, or declared free. The
agency of the Courts of Justice of
exercised between
that there were instances of persons called slaves, who
continued to remain as such with the persons who
were called their masters,
owing to
of their rights- or fear. But no
could be
ownership on the one hand, which no objection was
the Parliament of
for the division of what
the Provience of
Provience of Canada, into two
of which one was
other Lower
(this division of the Provience of Canada having in
that
Province called Upper
(33
life, of such negroes, and others, as had
previously bought or brought into Upper
under a licence
into Upper
of a negro or other person should be free after the age of
twenty five years.
To
18
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19
ment in
as Judicial -
Answer - In Intendants under the French Government
in
legislative powers to a certain extent, as well as judicial
and administrative powers.
and by virtue of their Commissions declared as
“souverains,
edits,
and are not the
french terms quoted, the
of the Intendants' commission?
Answers,- The Ordinances of the Intendants, when made in
virtue of their commission, and within its
limits, were valid and bindiing according to the
French Terms quoted in this cross-interrogating, and
the terms so quoted from a part of the terms or
language used in the Commission of the Intendants,
which, however, are not to be taken alone, but in
of the Commission. The powers of the Intendants were
limited to the extent of the commission under which
they were appointed, and their commissions required
them to act in conformity to the Royal Edits and
Ordinances for
of
by legitimate and legal construction to authorize
the Intendants to
public law and public rights of subjects, as they
existed in
slavery would not have heen in accordance with
the laws. To authorize the Intendants, or others, to
give a legitimate sanction to the establishment of
Slavery
Emanatang from
Mr Sovreign County
all
Edicts ordinances &
other things to the contrary
notwithstanding
the public rights of the subjects or dwellers in the
custom of
express and positive authority to that effect. Such
express authority was not conferred by their commissions.
In intendents and others having legislative authority in
to their commission, to uphold and preserve the public
rights of all subjects and indwellers in conformity with
the custom of
regarded innocent persons of particular
and what ordinance in
dominion for the
of slaves?
Answers,- An edict or ordinance of Mr.
the Intendants of
who gave freedom or emanicipation to their slaves,
to do so by written document
notorius, and declared all other forms of emancipation
null and of no effect. An Edict or ordinance of a
previous Intendant, Mr.
dently
that it would be useful to the Colony to hold
, and Indians of a distant nation called
slaves, and therefore that the
had been, or might be bought, should be held by the
purchasers as their slaves. This is an ordinance
under which slavery existed de facto in
while under the French Government, the establishment
whereof, as I have already stated, exceeded, as
, the limits of the legal authority confirmed upon the
Intendants, and would, consequently, not have been
regarded as binding under a correct and legitimate
interpretation of the law.
20
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21
of
any particular article of the capitulation of
ber 1760?
Answers,- The Language of the treaty of peace is such as to
Crown of Great
respected those in habitants who choose to remain
in it, except that they were to have the free exercise
of the
of Great
the capitulation therefore which was not in accordance
with the perfect sovereignty and right of legislation
of the Crown and legislature of Great
inconsistent with the public law thereof, must have
been modified by the treaty of Peace, which
all the French inhabitants, who thought fit to continue
in Canada, British subjects, entitled to the freedom
and privileges, and subject to the duties of such, and
having a right to retain and hold real estates and
allowed to be a legitimate object of property, but subject
to the operation of such public law, and to the legislative
of Parliament. By the proclamation also of His Brit-
annic Majesty,
peace in
in, or resorting to
tection for the enjoyment of the benefit of the laws of
chapter 83, commonly called the
in full force all the laws and customs of
and declare expressly “that in all matters of controversy
relative to property and civil rights, resort shall be
had to the laws of
Answers.- No- that Statute did not continue in full force all
the laws and customs of
that, in all matters of controversy relative to property and
civil rights, “resort should be had to the
but
man, or a
fellow creature; and the blacks or
under the English public law, are just as much entitled
to
“civil rights” as their white neighbour.
act of the Parliament of Great
to the
slaves into the
is such an act, or ever was one, then - when was it
repeald?
Answers,= Iam aware of an act passed by the Parliament
of Great
of
from the
Governor, to import into the
and other places, negroes and household furniture,
with some other things, to a certain amount, free of
duty. But this act which declares that
be so imported did not declare that they should be
slaves in the
not therefore alter the illegal nature of Slavery under
the pre existing law of
existed as a single province, under the dominion of
continued slaves there, than they would continue slaves
in
that
be imported into
that after the
into two Provinces, one of the divisions thereof,
namely, the Province of Upper
act (the 33rd
I have stated in a former answer, the service during
life of such negroes and others as had before been
bought or brought under
but
22
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but expressly declared that
afterwards
provisions of this act of Upper
were indispersable, as I conceive, to render legal the
servitude for
brought under license into Upper
not extend to the other division of the former
slavery was never recognized by the law of
subsequent to the capitulation of
Is the provincial act of the 33rd
in Upper
or is it not?
Answers.- When I spoke in my examination in chief of the
law of
different Province called Upper
out of a portion of what had been the territory of
of Maine since its separation from
a law of
formed part of the territory of
provincial act, 33
Province of Upper
the
Province had then ceased to exist, - nor was any law of
similar import or effect to the last mentioned Upper
other and larger division of the
the Province of Lower
identity of the names of the Provinces does however
occasion some danger of apparent ambiguity or confusion,
unless prevented by much case and precision. The two
Provinces of Lower & Upper
the statute of the Imperial Parliament, 304 Victoria,
chapter 35, and once more form one government.
original
chaps. 7, legislate for a state of things or institutions that
must have been co-extensive with the
and therefore existing in Lower, as well as Upper
Answers,- The Province of Upper
preceding answers, was a part of the former
and the Provincial act 33
cross-interrogatory referred to legislated for a state of
things or institutions-not indeed co-extensive with the
former
already abrogated the French laws, and substituted the
English laws as the
things or institutions under which, as I believe, the
negroes and panis were entitled to the same rights as
they were in the rest of the former
namely, Lower
act of Upper
previously bought and imported under license were
deprived of rights during their own lives, as I have
before stated, whereas no such act was ever
by Lower
knowledge of the particulars of the case of
alias
exists of the like
the Judgment?
Answers,- I have no
lars of the case of
having seen the record of the proceedings and Judgment
I knew two or three individuals when a child who
24
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25
Objected to
Were
as slaves, but who were induced to apply to the Courts
of justice to be declared free, and , as I also understood,
were so declared. One of these, as nearly as
was called
then was also another, whose name I cannot call to
mind.
bygone or more, and I do not now recollect having
myself seen any more recent instances of persons
in Lower
To the 11th
existence of slavery in any part of
have you not hered of slaves being owned and held
long after the conquest by inhabitations of this Province?
Answer,- I have no recollection on the subject beyond
what is contained in the last and
I have heard of slaves being owned and held in the
subsequent to the
by the act of the Parliament of Great
they applied to the Courts to be discharged.
And further I
I,
Circuit Judge for the
and his examination reduced to writing and
presence, on the
six of the clock p.m., at the court
day and year last aforesaid.
26
in
produced on behalf of the Plaintiff, was sworn and
examined, and
I do not know the parties in this cause, nor
am I
H.Coffin, and L.I.
Esquire, and I, am
Bench for the
are commissioned together as
in that capacity, we have the custody of the
of the Court formerly known as the Court of Kings Bench,
and now known as the Court of
never had occasion to study the question of the legality
or
of the Court of Kings Bench for the
I am
in the said Court on the
in the year one thousand Eight hundred
negro or blackman named
been clamied as a slave, was set free. The original
writ of
archives of the said Court in my custody. I produce,
to be annexed to this my deposition,
writ and return, and of the proceedings had thereon as
they appear in the register of the Court in my charge.
under my official signature, and the seal of the
Court of
Judges who appear to have heard and
case
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case were
and
the Crown who signed the original writ of
was well known to me he died several years ago.
both dead, and so also are the three justices of the peace
named in the
no knowledge of the
claimed the said
believe, still living at
Except in the before mentioned case of
of slavery having ever been
Justice in
(as was done in
seek for them with any
nothing in the record to show the
the judgement in
what appeares upon the face of the documents them-
selves. such a judgement
from insufficient proof on the part of
claimed
I,
a Circuit Judge for the
certify that
and
and subscribed by him in my presence
on the
between the hours of nine of the
and six of the clock p.m. at the Court
house in the
and certified on the day and year last
aforesaid.
28
28
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"
referred
In order to save both time and
undersinged Counsel,
of the plaintiff and Defendant, hereby consent that
the
of
the
"an act for making more
"government of the
Commonly called the
volume of printed statutes lately sent by the Defendants
as duly proved by both the plaintiff and the Defendant,
and as
metioned, both now in the course of
said circuit judge be requested to include this consent
in his return to each of the
day of April 1846
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To the keeper of the Common Gaol and
House of Correction at
We command you that the body of
alias
our prison and House of Correction under your custody
detained as it is said together with the day and cause
of the caption commitment and detention of the
same
of King's Bench at
District immediately after the receipt of this writ
to do and receive what our same Bench shall
then and there consider concerning him in this
behalf and there this writ.
Witness the Honorable James
our Chief Justice of our Bench at
aforesaid the
year of Our
The execution of this writ appears by the annexed
schedule - to answers.
L.S.
(signed) J. Monk, Ch. Just.
By
inance pased in the
twenty-fourth year
of the Reign of His
Majesty King George
the Third.
29
I.
at
most
of the foregoing writ on the
the common Gaol and House of Correction at
trict under my custody by virtue of a warrant under the hands and
seals of Charles Blake,
of the Justices of our Lord the
said District, which said warrant is in the words following, to writ, - "District
"of
"of the Justices of our Lord the
"said District. - To
"keeper of the common Gaol and House of Correction at
"District. - These are to command you the said Constable in
“
" mon Gaol and House of Correction the body of
“charged before us with having
“
“of
“the
“required to
“
“delivered by the due order of law. Given under our hands and seals this
“day of January
"Third. (Signed) Charles Blake, J. P.
And by
the said District which said last mentioned warrant is in the words and figure
following "
“
“required to
“who refuses to go home to his owner, and him
“discharged or otherwise
“hand and seal this
"Dunlop, J. P." - all which is the cause of the caption commitment and
detention of the same
attested at
year of our Lord Christ one thousand eight hundred and in the fortieth
year of the
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Present
Mr. Chief Justice
Mr. Justice
Mr. Justice
On the
petition of
Mr
of
Court the Body of one
together with the caue of his caption and
Present
The Chief Justice
Mr. Justice
Mr. Justice Ogden
vs
On
of one
The
and brought up the body. Mr
Prisoner showed cause why he ought not to be detained
in
replied. Ordered that the further hearing stand over to
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Present.
The Chief Justice
Mr. Justice
Mr. Justice Ogden
Dominus
Robin alias
a Black man
On
The Court having heard Mr.
Ker of Counsel For
claiming property to
on the part of the said
having
the said
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We
Amedee
of
certify and attest that the foregoing
of an Original writ of
thereto, issued out of, and returned into the Court of
King's Bench for the said
and the foregoing three several copies marked respec
tively “No. 3” - “No. 4”, & “No. 5”, are true copies extracted
from the registers, of the proceedings had in the said
Court, to final Judgment
said writ of
and return thereto; and the said registers
among the archives of the said Court in our official
custody:-
of
vs
W.
ined on behalf of the plaintiff,
& referred to in his deposition.
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To
You are hereby notified, that Depositions of Witnesses to be read in evidence in the above cause,
on the part of
S. M. Bouchette in the
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.
Served the within notice in the
delivering a true copy to
of record for
vs
Notice to take depositions
Served the within notice
in the
this
1846
plaintiff a
thereof
Sheriff
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1
Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our
plaintiff, and -
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 you 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 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 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 commissioned 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
county of
with all convenient speed.
The execution of this Commission
appears by the Depositions and
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2
I,
Circuit Judges within and for the
do certify that in
before me at the office of Robert S.
esq.
the said District, in
said
Elliott who were there by me sworn
examined and
to writing and
in my presence, and their said deposition
are now herewith
further Certify that by consent of the Counsel
for the parties Plaintiff and Defendant
late Richard B.Hay
and examined at her own residence
in
such examination reduced to writing
and
and her said deposition is also
herewith
And I the said
do further Certify that the
signed by the Counsel of the parties
acknowledged by the said Counsel
respectively in
are subscribed by the
true signatures of the said
given
aforesaid this
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3
3
In order to save both time and expense, the
undersigned Counsel, attending respectively to the interests
of the Plaintiff and Defendant hereby Consent that the
authorized printed copy of the
of Great
of King George the third, Chapter LXXXIII,
"On act for making more effectual provision for the
government of the
Commonly Called," the
volume of printed statutes
to the Defendent in
as duly proved by both the Plaintiff and the Defendant;
and as
mentioned, both now in the Course of Execution before
for the
that the said Circuit Judge be requested to include this
consent in his return to each of the said Commissions. In
witness whereof we have signed these presents at the
of April 1846.
The foregoing
to
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4
On a
last for taking evidence in
East on behalf of the Defendant in the
said Cause.
It is hereby admitted on the part and
behalf of the plaintiff in the said Cause
that the paper writing marked Defendants
of
is a faithful transcript of "an act
encouraging
found in the statutes at large of great
the
chapter 27 and that Defendants
of the said
of the late
the
the 33rd year of the Reign of
George the third, chapter
said
set forth &
the Revised
that the said two acts above
are those
of the
plaintiff under another
in the said cause issued
The
are the
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5
Deposition of witnesses produceed sworn
and examined at the office of
S. M.
Esquire advocate in the
before me
the
in a certain cause now pending in
the
part of the said Defendant.
the
produceed sworn and examined
the past of the Defendant deposeth and
saith; I am not related
to the parties in this
Cause nor interested
in the
in
during my
there were
mother, who resided in
and others
the
forget, also belonged to my mother
To the best of my
bought at that time from a
I do not
of
was accidently drowned and
was
so I
at my mother's this death which
in
I am speaking several familiies held
and owned slaves in
- I have no doubt that my mother
spoken by
that
slaves in
to or considered illegal but seemed
on the contrary to be perfectly
by the
I could
I have
right of holding slaves in this
was
Court of law -
any decision on
The foregoing depoition being
Deponent, she
contain the
I
the
6
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7
the Circuit Judges of and for the
the Deponent whose place of
is
whole truth of her knowledge touching
the matter in Controversy in the cause
aforesaid; that Deponent was
and her examination reduced to
and subscribed by said Deponent in my
presence on the
thousand eight hundred and forty six
forenoon and six O'Clock in the afternoon
at the Office of R.S.
the
ations I adjourn the further taking of
Depositions
place & between the
of the Counsel for the
& Defendant in the Cause.
8
the
of the parties
day of april 1846
a further adjournment
the
at the
City between the hours of eight o'clock
in the forenoon and six O'Clock in
the afternoon then and there to
the Deposition of the said
office of R. S.
afternoon at the residence of
in this Cause as follows.
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9
of the late
in his life time of the
Esquire, of lawful age, being produceed
sworn and examined on the
part of the Defendant deposeth
and saith;
to the parties in
this cause
I was borm in the
have a
that slavery existed in
during
our friends in
I
that such a
questioned on the
its
left
residing there two or three year
or
and found that
was a
and spoken of as a matter of
that the right to fold slaves
was ever questioned in
or
time.
The legality or illegality of
slaves was
I know of - I can only speak
of the practie & what I saw -
the foregoing deposition being
Deponent
it contains the
I.
of
10
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of the Circuit Judges of and for the
the Deponent, whose place of
is
by me sworn to testify the whole
truth of her knowledge touching the
matter in controversy in the cause
aforesaid; that the deponent was
examined and her examination
reduced to writings, and subscribed
by said Deponent in my presence
on the
year eighteen hundred and
forty six
Eight o Clock in the forenoon and
six o' Clock in the afternoon at the
residence of the Deponent in
Square in the
residence the said depositions was so taken
by consent of the Counsel representing
the parties here, in
the age & health of the
11
for examination this day I adjourned
the further taking of depositions in
this cause to Saturday the
day of April
R. S.
of eight o' Clock in the forenoon and
six O' Clock in the afternoon, at which
time and place the taking of the
depositions
hundred forty six
8 o' Clock in the forenoon & 6 o' Clock in the
afternoon at the office of R. S.
Continued taking the Depositions
in
12
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Charles William
in the
age, being produceed sworn and
examined
Defendant deposeth and saith,
to the
Court of this suit
J. S.M. C
I have a
perfect recollection of the
&
my
of slavey and that
was at that
as perfectly legal and valid -
in
and
slaves of
but
I
which I am speaking in
our
who is now
the late Chief
knowledge, and several
had slaves also.
13
I have no knowledge of the
question of the legality of slavery
in
a Court of law in this Country.
The foregoing deposition being
read to the
therein declaring the cause to
Contain the truth & hath signed.
Grant
I
Circuit Judges of & for the
in the
that
whose place of
said
the whole truth of his knowledge
that the Deponent was examined and his
examination reduceed to writing and subscribed
by the said Deponant in my
eighteen hundred and forty six
the hours of eight O'Clock in the forenoon
and six O'Clock in the afternoon at the
office of R.
14
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15
la Cite de
of
du
des parties,
de
Je
suis he dans
d'esclaur -
tant
Esclave
In the
set
it
stait
dout it
quo
de l'stat d'esclage dans
&
at
que
he
de
d'aborb la
de ect
16
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17
I
Circuit Judges of & for the
in the province of
that
whose place of residecne is
said provience was by
the whole truth of his knowledge
the
aforesaid that the
and his
and subscribed by the said
in
of april eighteen hundred and forty six
between the hours of eight o Clock in
the forenoon and six o clock in the
afternoon at the office of
in the said
the further taking of Depositions by
parties to tuesday the
at the office of
I
cause as follows;
produced
part of the said
saith; I and not
this cause nor do I know either of them
suit. I and a student at law at the
of
to the "adovcates Library of
the paper writing I now produced
Defendant's Exhibit (A) and
of this
Copy of
Great
year of the
"an
is found in the
the provience of
the province being specially
was made by me & was by
stated Book & printed Copy of the
said act
Copy to be a true Copy of the said
act. The foregoing deposition being
18
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19
read the Deponent
declaring it
hath
I
the Circuit Judges of
hereby certify that
the
is
the whole truth of his knowledge touching
the
aforesaid that Deponent was
and his
and subscribed by said Deponent in
my
april eighteen hundred and forty six
between the hours of eight o
and six o clock in the afternoon at the
office of
No other witness being produced for
this day I
Depositions in the cause until tomorrow the
day of april
o clock
in the afternoon at which time
place the Depositions shall be
20
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21
Whereas it is
should be given to persons that are desposed to
Come and settle in Certain of His
and
be it, therefore enacted by the Kings most excellent
in this present,
the authority of the same - that from and
after the
Seven hundred and ninety
persons being a subject or
or
merica, shall come from thence, together with
his
any part of the
longing to His majesty in North
for the purpose of
shall
having
having first obtained a
purpose from the
the
the same, in British ships owned by his
Subjects and
negroes, Household
& cloathing
of
whole
family; and the value of forty shillings for every
negro brought by such white person; and if
any
Household Furniture
or Cloathing the same shall be heard and
determined by the
shall be imported, one of such British merchants
to be appointed by the governer, or in his absence
the
one by the Collector of the
and one by the person so coming with his
family
or
furniture,
imported, which shall be made within
Calendar months after the
same (except in Cases of the
Death of the Owner thereof ) shall be
void to all
22
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23
of fourteen
immediately after his arrival to take and
subscribe the Oath of
majesty his
governor,
of the place where such person shall arrive and
at the same time
to reside and settle in such
for which Oaths such Governor,
the same
in Cases where the same is now by
quired
of the
excellent
In the Circuit court
for the
plff
vs
Defdt
Defendant's Exhibit (A)
refered to in the
of
& by him produced.
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Preamble.
The same in part repealed.
Provisions against the further introduc-
tion of slaves
28
An act to prevent the further Introduction of slaves, and to
of contracts for
Preamble Whereas. it is unjust that a people who enjoy freedom by
Law should encourage the introduction of salves, and whereas it is
highly expedient to abolish slavery in this province, so far as the
same may gradually be done without
enacted by the Kings most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province
of Upper
under the authority of an act passed in the parliament of great
in the fourteenth year of his Majesty's Reign, entitled An act
for making more effectual provision for the government of the
province of
provision for the government of the said province," and by the
authority of the same, That from and
so much of a certain act of the parliament of Great
Rocital of Act 30th
Geo. III. ed in the
encouraging new settlers in his Majesty's colonies and plantations in
this province heretofore parcel of his Majesty's province of
grant a
be, and the same is hereby repealed, and that from and after the
passing of this act, it shall not be lawful for the governor,
The same in part
repealed governor or person administering the government of this province
to grant a license for the importation of any negro or other
person to be subjected to the condition of a slave or to abound
en involuntary service for life, into any part of this province;
nor shall any negro, or other person who shall come or be
brought into this province after the passing of this act, be
subject to the condition of a slave or to such service as
Provisions aginst the further introduction of slaves aforesaid within this province, nor shall any
ry contract of Service or indentures that may be
entered
entered into by any parties within this province
after the passing of this act, be binding on
them or either of them for a longer time Term of
by contract limited
than a term of nine years from the day of
the date of such contract.
Contained shall extend or be
The owners of slaves
at present within
the province confirmed
in their property therein
extend to liberate any negro, or other person
subjected to such service as aforesaid or to
discharge them or any of them from the poss
ession of the owner thereof, his or her executers ad
ministrators or assigns, who shall have come or been
brought into this province, in conformity to the con
ditions prescribed by any authority for that purpose
exercised or by any ordinance or law of the province of
vernors of the said province for the time being or of any
act of the parliamant of Great
Nothing herein to
extend to contacts for
service already made,
nor to parents or guar
dians otherwise come into the possession of any person by gift bequest
or Bona fida punchase before the passing of this act, whose
property therein is hereby confirmed, or to vacate or annul
any contract for service that may, hereto
lawfully made and entered into, or to prevant parents or
guardians from
obtained the age of Twenty one years.
within this province, be it enacted by the authority afore
said. That immediately from and after the passing of this
The children that
shall be born of
female slaves to
remain in the service
of the owner of their
mother until the age
of 25 years when they
shall be discharged.
act, every child that shall be born of a negro mother or oth
er woman subjected to such service as aforesaid shall
abide and remain with the master or mistress in whose
service the mother shall be living at the time of
such child's birth (unless such mother and child shall
leave such service by and with the consent of such
master or mistress) and such master or mistress shall
and
29
Second Page
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third page
30
and is hereby required to give proper nourishment
and clothing to such child or children and shall
and may
when he she or they shall be able to do so and
shall and may retain him or her in their service
until every such child shall have attained the
age of twenty five years, at which time they and
each of them shall be entilled to demand his
or her discharge from and shall be discharged by
such master or mistress, from any further service.
And to the end that the age of such child or children
Birth of the Children
of salves to be recorded
may be more easily ascertained, the master or mistress
of the mother thereof shall and is hereby required
to cause the day of the birth of every such child as
shall be born of a negro or other mother subjected
to the condition of a slave in their service as aforesaid
to be registered within three months after its
birth by the clerk of the
wherein such master or mistress reside, which clerk
shall be authorised to demand and receive the sum
of one shilling for registering the same. And in case
any master or mistress shall refuse or neglect to cause
or refusing to record
the same such register to be made, within the time aforesaid
and shall be convicted thereof either on his or her
confession or by the oath of one or more credible wit
ness or witnesses, before any justice of the peace
he or she shall for every such
the sum of five
District.
said that in case any master or mistress shall detain
any such child born in their service as aforesaid
after the passing of this act under any
ever after such servant shall have attained the
age of twenty five years except by virture of a
contract
contract of service or
tarily excuted after such discharge as aforesaid
it shall and may be lawful for such servant
to apply for a discharge to any of his Majsety's justices
of the peace, who shall and is hereby required there
upon to issue a summon to such master or mistress
to appear before him to shew cause why such servant
should not be discharged and the proof that such
servant is under the age of twenty five years shall rest
upon and be adduced by the master or mistress of
such servant otherwise it shall and may be
lawful for the said justice to discharge such servant
from such service as aforesaid provided always
provision for the is
sue of children of
slaves.
That in case any issue shall be born of such children during their
be entilled to all the rights and privilegs of
subjects
master or mistress shall
person subject to the condition of a slave from their
service, they shall at the same time give good and
sufficient security to the church or town
of the
security to be given
on
person so released by them shall not become
chareable to the same, or any other
township
Fourth Page
31
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I,
duly commissioned and sworn in and for that part of the said
the
Do hereby Certify and Declare,
manuscript within four pages of
of Upper
Parliament thereof in the thirty third years of the Reign of
of slaves and to limit the term of contracts for
this Province." the said manuscript copy having been duly
and carefully collated by me the said Notary with the
Original thereof found in the revised statutes of Upper
Toronts
Queens Most Excellent Majesty
was found to correspond in every respect there with
granted these presents, under my Notarial Form and Seal of
Office, to serve and avail as occasion shall or may require.
In Faith and Testimony whereof, I have hereunto set
my name and seal of Office aforesaid, this
day of
eight hundred and forty
Pierre of colour
vs
G.
Defendants exhibt
(B). refered to in
admission No 2.
His excellency
The Right Honorable Charles
in the County of
and
over the
and the
Vice Admiral of the same and
commander of Her
forces in British North
I do hereby certifty that
N. Crawford whose name is subscribed to the
foregoing certificate is Public it shows in and
for that part of the
fore Lower
authorized as such. In consequence whereof
full faith and enters credit are and
to be given to his signature in that capacity
wherever the
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24
yestarday, on the
o clock in the
the afternoon I
Depositions in this cause in the presence
of the counsel of the
Wiliam
part of the
upper
the said
CtJ of
lawful age being produced Sworn and
Defendant
know nor
this cause nor and I interested in the
in
in upper
to
there, and it continued there to my
Knowledge until
individual
cousin
at
several slaves
& others
of
had
of his slaves a panis woman who
died in my family in
of Slavery. Both Colonel Elliot &
I have no doubt that both Colonel
Elliot &
as their own
I recollect receving
or
slave or to sell
from his
into
recover him & sold him. Slavery at
the time I am speaking of & was considered
perfrectly legal in
not
slaves was
of the Courts of law in Upper
on the
slavery was formally recognised by
the
of Upper
the gradual
that
which this act
of
25
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26
of Upper & Lower
orginally constituted the
30th
purpose of
form the adjoining Colonies or the
under certain circum
recognition by
slavery in the province of
at that period and so long as
that
force.
Counsel of the plaintiff.
I have no knowledge as I have I
of the
tested in a court of law but I should
think the
spoken would leave no doubt
the subject.
The foregoing Deposition bring read
to Deponent he
the
I
of the Circuit Judges of and for the
of
of Canada do hereby Certify that
his Knowledge touching the matter
in Controversy in the cause aforesaid
that Deponent was
his examination reduced to writing
and subscribed by said Deponent
in my presence on the
day of april eighteen hundred and
forty six
O'Clock in the forenoon and six
O'Clock in the afternoon at the office
Judge within and for the
do
27
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It is hereby certified, that
signed the foregoing return, on the
day of March
to this hath
and acting as such, and that full faith and
In testimoney whereof we,
Joint
of
subscribed our name, and affixed
the seal of the saind Court this
year of
hundred and forty six
I
Circuit judge in and for the
in
the within
at his own
at the Court
Samual
examined and such examination reduced to writing
and subscribed by them respectively in my presence
and this depositions are now herewith returned
and I do further certify that immeditely after
the examination of the said
to the
of the plaintiff, produced as evidance on behalf of
the plaintiff an
under the
the
depositions is the King's
of October 1763
a certain act of the Parlaimant of
therein mentioned and the
within consent an also now
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This is to certify that
certificates, paper writings and documents, was on the
is one of the Circuit Judges of and for the
authorized to
signature in that capacity
In Testimoney whereof we
of
the said Court at
day of may in the year of our Lord,
one thousand eight hundred and forty six
and in the ninth year of
No 125
vs for defts
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The following deposition is taking by
on the trail of
causes for the defendants respectively so far
as
1
and examined on the part of the defendants,
that she was born & brought up in the
now 78 years of age. Affiant was 27 years of age when she
came to
its
in
of
a Priest in
She was sold in the
the following
in the month of May or June - affiant left before Rose
Rose was at her masters when affiant left, the name of
Rose's Master, was Joseph
and
master affiant saw
and mistress
her as such affiant states that
of
held by Colonel Clause &
to be slaves from seeing them doing household work for
their Master as aforesaid, and by thier masters
them & taking Care of them and that they did not get
their livilihood elsewhere affiant was an appren
done work for Clause &
masters as aforesaid - for four years - the master of
knowledge of the deed that was pass'd for
knows of the fact of
her, which was, that her owner owner exchanged
a Horse for her, on the public market place in
to say, where she Came from - affiants youngest Child
2
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When she left
months old, and the oldest going on seven years old
affiant was sixteen years of age, when she
The oldest child born of that
her oldest Child was born - affiant
about 15 years old when she saw her at
not remember having heard where
-real,
3
Affiant states that whatever
Belinguette's, she did do, becaue she was obliged
did not see the actual exchange of
Owner go off w2ith the Horse, and Come back with
affiant was married in
Came to
first time affiant heard of Slaves being in
the Colonels aforesaid
they must have Come to
treated their slaves, as slaves usually are treated, they were
well maintained & taken Care of, and better treated than
they are in
Clad in blue and yellow living, and
Blue & red. They were not dressed richly,
their
slaves by Clause &
other persons treat hired Servants. - there were
Spring
to their Gardens, never
When affiant speaks of
Colour - black S
of as slaves - but never heard of the right or authority
other slaves of montreal, but these she has spoken of -
Re-examined
the
her from
in
was John Baptist
Norman
when she had another Child born named
was
not.
4
I
of the peace
within ofer the County aforesaid - do hereby Certify that
the foregoing deposition was taken by
to the same,
State aforesaid and was by me Sworn to testify the
whole truth of her Knowledge, touching the matter in
examined and her examination reduced to writing and
Subscribed by said deponent in my presence, on the
of May eighteen hundred & forty Six
of Eight O Clock in the forenoon & Six O Clock in
the afternoon of said day.
vs
Depositions for defts.
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To, The above named Defendant,
Take notice, that depositions of witnesses to
be read in evicence on the trial of the above entitled
cause, will be taken on the
1846
and 6 o'clock in the afternoon at my office, in
the City of
that the taking of said depositions if not
on that day, will be continued from day to day
at the same place and between the same
until com
Executed this
named defendant in
1846
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Whereas, I, John H. Watson, Law Cmmissioner, within and for the
now depending in the
in the
plaintiff, and
These are, therefore, to command you to summon
that
at
amined, and so satisfy the truth, according to the best of
said
at your peril.
Executed this writ By Reading it to the within
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Depositions of witnesses, produced, sworn, and examined, at
the said County, in a certain cause now pending in the
plaintiff and
defendant, on the part of the
Michel Marti, of St Louis County,
examined on the part of the
I have known the Plaintiff in this case, thirty or forty
years. I know the woman who was called Plaintiffs
mother,- her name was
at
at
her. She was claimed at that time as I understood
by a W. Todd.
saw her at
probably a
three months after I saw her at
I returned there, and found her there still
Thirty Seven or eight years after I saw her
at
Father
to be while at
an she
knew her to be there.
du
in
me if I
help me.
I, Jno H. Watson: "Law Commissioner of
in the state of
the deponent, where place of residence is
in the
truth of his knowldege touching the matter in Controversy
his examination reduced to
deponent in my
A.D. 1846
and 6 o'clock in the afternoon of that day at my
office, in the City of
and that,
said examination,
by me, in reference to his duty as such.
Marli-
Deposition
vs
Gabriel Chouteau.
Marli
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
a.m.
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.
vs
Sub. for Plaintiff.
Execute
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
9 o clock a.m.
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.
27
vs
Sub. for Plff.
Execute
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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.
vs
Executed
to
(John
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1847
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.
vs
Executed
by reading
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
of April
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.
27
vs
G.
Executed
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We command you to attach
by
the Judge of our
county of
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 plff
vs
Chouteau
Michel Marti
Came in before this
writ
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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.
vs
Chouteau.
Francis
Executed
1847
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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.
vs
Sub for
forthwith
Executed
1847
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1
Testimony of Pltff
woman
living; and I also know
I knew her in
with certainly which years it was; but I
think it was in
or not- I first saw
how long she remained at
I found her then when I arrived there and
I left her then when I came away I think-
I dont know certainly whether she or I
left first- I never saw her at any other
place in the N
years old. I was there again in
again in
in
know that slavery existed in
I ever know any slaves then except the ones,
that my father took there. My father traded
from
he took two slaves with him to
Sometimes he took slaves to the
then left them
he was afraid to take them into
with him. There were not many negroes
in
took them were a great
British Officers and others- The negros which
we took there were very large
-ing men. I do not know whether there was
or not any slavery then- I never knew
any slaves then except the one's above
mentioned which we took there. I remained
at
about a month, and I believe that
time
Cross examined
The last time I visited
was in
found the Americans in possession of that
place.
When my sister returned from
to
a slave. She took her as a slave, and
to do the duties of a slave, such work
as slaves generally do. I returned to
in
my sister took with her after she got
them. she did not live in
2
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3
some distance this side of that place
the slaves which my father took with
him to
him there for several months. The time
that my father took his two slaves
with him to
they remained in
or more and went whereever they
They were on the
sometimes every day. I dont know when
told me where she came from, nor have
I ever
in
She was then the slave of
and was afterwards sold to
I dont recollect of
negroes at
woman some years ago named
she was at that time living with
in any other place- I was bound in
in my 14th year I left them. I was very
well acquanited in
saw a blck person
County. The first negros I can saw were
the negros of old
I started to come to this Country and I
was very much frightened at their appearance.
There was no slavery in
I came from
came by the way of
were very few houses in
was no fort or soldiers there. I never
was there afterwards- # # Cross examined I came to this Country
in the Boat of old
-man was not along.
came afterwards- I lived about 3
south of
St Lawrence river- I never was in Quegec
and never was even in the lower end of
went to market- I learnt my trade there,
that of a blacksmith- I commanded my
trade when I was 7 years old and stayed
there
left for this Country- I was never much
acquainted with
times at
know
within a few miles of that- place- I am
75 years of age and I left
years ago- I was about 23 years old when
I left for this Country, and had always
lived there
4
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5
The usages of that Country were that
nothing of slavery there- I never saw but
2 negros then, and I never know any
slaves- I was a
traveled over the Country much-
I frequently went from
I lived in
any slaves there- When I came to this
Country, I came by
there several days to get
There were no slaves in
generally hired white persons- There was
no ohter slavery there,
slavery of white people being hired to others-
If slavery had existed there I should
have known it- When I came to this
country I came by
there about one month and from
to
about one month-
then a small village, a trading post -
there was no fort then at that time-
This was about
there at that time- There were Indians officers
then but no others- As nearly as I can
recollect there were 10 or 15 houses there
at that time and they were covered with
of logs and
then again about 15 years ago- I come
to
The first time I came to
returned from there to
thence to
in
there to make many acquaintances-
Cross Examined
I spent the first
to
came down in the following spring to
to
because my employer came there
came there to trade with the Indians-
We traded with the Indinas while we
were up the river, and we came by
trade- We had no other motive- The
English had prossesson of
and also at
We got our provisions at
consisting of
took provisions at
going and coming- I do not know
the distance from
It took us from one to two months to
travel it, and we went may be 20 or 15
or 10 miles per day- There was a place
called
6
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7
and
place where white people were to be found
between the two places - I never traveld
much in
may be in a sleigh from
a little and
Examination in Chief
when we
up on the
who lived at
I was there were all
negro woman
her
born in
and lived there 17 years - I lived about
15
traveled through the County often - Slavery
never existed there - I never knew any
thing about slaves in that Country - If
slavery had existed then I would have
known it certainly & it would have been
known by my
6 years about
and then was no slavery at
and I have never known any in
have travled all over that County - I was often
at
these but there
never seen
I cant read nor write - I am unable to
state the particular places through which I
have traveled in
and went up and down the river - I did not
know all the persons in
very small portion of them - when I say that
there was no slavery in
I never knew any - I never traveled much
by land in that Country & was
the
here - I was born in
say in what year I was born - I am
65 years old - I was going on 21 years
of age when I left
at or near assumption until I left
I was at
is 10
heard - I never saw any negros there
8
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knew any slavery then I suppose that
if slavery
known it - I worked for the
in
when I came to this Country - I did
not remain in
Monday morning - I did not come
by
there.
Cross examined
I cant read nor write - I was not
on a farm - I was not generally
acquainted with the people in
I think I was going on 21 years of
age when I came to this
I think it was in
year when the Americans took
of the Country - I was 3 months coming
from
says
I knew
known
I first knew
I cant tell what year, I did not notice
the year - I used to
It was 51 or 52 years ago - she was
cook for the head men - I knew no
master for
& cooked for them - I knew Mr.
there & at
name - I dont know how
there - I went to
for
back to
ville
& from then to
went to
found
she left
I dont know when
I was at
nor did I
& then I saw
10
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11
to
or two months from the time I left
her before I found her at
his goods up the river
I did not hear her spoken of as a slave-
she did nothing else but cook for the
Bosses & for 15 or 20 men. she acted
as a servant I cant say whether they
paid her or not. In those days the
white like ourselves I an not able
to state how long
some 20 times- I saw her there twice
the last time I saw her there
I went up as far as the river
&
to
at
a month -
this time. She was not there when I first
went to
days the last time about 3 days I came
from
10 or 15 days & then went to
I think I am 76 or 77 years of age
I was 10 years old when I left
I was born in the
in
field
& thought it was the devil & away
we went - I cant tell what years I
came to
my
to
I
father sent me back to
because I was too
I stayed about one year in
& was thinking about my father &
thought if i loose him I may not
be able to get another &
came back
cross
The English were in
I was 10 years old & when I went
back they were still in
In the fall
went to
or 18 years of age
then - I
where I went for
12
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13
years of age - when I was with
there
the english were there then - I remember
them well they put
there
me
attempted to Come
and beat him with our
one of the bosses or
I dont know where
but I suppose from england he was
a good man & is dead. died at
but a pretty place - There were a
right too many Indaians there, we
either had to kill them or they would
kill us - There were places
trading posts
river
long afterwards there were some
there the english troops that come up
to
came there the people at
were
many of them there was no for
at
we made friends with the Indians
gave them a good many things
traded with them
up the
& made
she was held in slavery or not -
she was held in slavery or not
she was in
she was then as the other negros
I dont
slave or not
I knew
the others - The negros
as
know whether they
not
The above & foregoing is a
in open
plff
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Prim (of color)
vs
G.S.Choteau
Report of
Testimony for
plff
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1
Defts Testimony
I was born at St.Francois in
about 60 miles from
I am 76 going on 77 years of age -
I came to
August. I was
was 3 years old & went to
& remained there 17 years- When I was
there I knew
about 10 years- I know slaves
in two families, in two houses.
bell had there. These are all that
I knew-
I knew
slave a
yards from
every day- I went to
enough & when I left
were still at Col C
men, 4 men,
Coachman & the others waited about
the house- I came to this Country
by the big river in a
I was 20 years of age when I left
remained there one month
I dont know who was in command-
I did not
without
She was held in slavery by
who bought her of
Cross examined
Col C
army and was in command at
know when he came from to
There were no negros in St. Francois
I never saw any out of
I dont know wether they were slaves
for life or only for a time-
I
ng heard it spoken of in
I have heard it several times that
Indians were sometimes slaves in
about slavery except what I heard
the Indians, he was
He lived in the City-
The slaves of
were living on sundays but not
on week days- Their cloths were
with red & yellow
2
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3
Col C
English gentleman. Them negros
were well treated and like other white
servants
Madame
I was born in the
age- I was
I left with my husband & three
childrem.
46 from 78. I had three children
when I left, two of them
the other is living,
He was born in the month of
Feb. & I started in the month of
May- That child was an infant
when I arrived in
was born - Feb & I
I think he must be 47 or 48 years of
age he has his certificte of
(a paper is produced) This is a
That I
his, I cut it off long time ago to
give it to
& gave it to him about 3 years ago
The
in the same manner as a matter
of
from a blank leaf from a copy
book. he wrote it down when they
come into the world- I knew
at
when she was at
She had been there 4 days when I left
got her in exchange
to our house. She stayed at her
Masters who had got her . I was
at
at her masters house. I was there on
a
was my
before I said 45 but when I went
house I found it was 57. I was
mistaken, It was 57 years ago
that I knew the negres. The exchange
I mean is this, that he had
a house for
I dont know when
from to
ted myself about the matter, but
these were
there & were exchanged off on the
public
American families who had slaves
4
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5
I knew them juit so. I know there
I quit there. there were
families that had come there with
slaves & I did not know any more
I worked at the
our house that they got the work done
for the slaves during the whole year. It
was for several years I stayed there
5 years & we always worked for
them.
first time- I saw her
Chouteaus- I had been a long time
in this County when
(
of
(objected to by pltffs counsel)
Ans- he was- When I left 57 years
ago it was in the
not at
in the city and my Aunt lived in
the
came to our house in
not even ask her with whom
she lived- I remembered
hearing seen her in
not speak to her about being in
about it. she came to see
became she had seen me at my
aunts. We never talked about
how
a son by the name of
in this Country I cant tell exactly
how long it was after I came to this
Country, it may be about 18 months
or 2 years between
he is dead-
Cross examined.
My
that was fond of horses, he was a
trader in
poney it was not a
a
disagreeable for a slave of her
color, She was not black, black but
she was a
with
exchange, I did not hear him say
any thing agout a good
did not stay-
said he made the exchange on
the public
any thing about the exchange except
what he told my Aunt where he
came back
6
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7
I did not stay at my
I did not stay a day, it may be
it was about three hours - I had none
of my children with me - I had
left them all at home - I had not
seen
he came back with
there about an hour after he came
home with
she asked to go down into the kitchen
and went. I saw her not
five minutes - There were but two
who had slaves I had know no
others - Their names were
and
in
of that place -
and had uniform cloths - Their
to
of one family were faced with red and
the other with yellow - Their cloths were
made at our shop for 5 years and
their cloths in the fall and
I dont know
was we commenced making thier cloths
when they first came there and continued
for 5 years - Then slaves were all
black - I did not know any Indian
slaves in
saw any - I knew them as slaves only
from themselves and by their masters
calling them so - I had known white
servants male and female they were
hired -
were able to hire, had servants, and
those who were not did not have
any - I know they were hired by their
masters telling me
servants or domestics - I never saw
any other slaves except these at
saw any other slaves in
nor any other black people there
I never saw any slaves sold at the
public square and never heared of
any except this one
no
his rank and
the first time I saw her in
she enquired for
came in I knew her - I cant tell how
many years since I had seen her at
I did not that she was in
had heared some body say that
had been along the
but did not know where
8
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some
much communication with slaves, nor
with negros. I have stated before
that it must 56 or 57 years since
I left
of age. I may have been about
25 years of age when I came to this
country. I had three children when
I came. My youngest was
he was at the breast, I was well
acquainted in
every body. I did not go out
much I had too much work, and
prefered staying at home.
Examination in
I never saw the
-anged
for
he was, and he told me that he had
exchanged him for
horse some three week, before when
i was there.
of
Articles of
I went to
in company with
year My father went then with his
negros. I never knew him to take
any negros other then at any other time
no at any
went as hands on the boats & came
back with them. I recollect their
names. I knew
to them. I was only 8 years old when
dont know
I knew
was 8 years
him.
My name is
who testified
Mother. I have lived of
57 years old am some
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The above & foregoing is a full an
Cause
vs
G.G.Chouteau
Report of
Deft.
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore 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 fail.
Executed
vs
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You are hereby commanded that setting aside all manner of excuse and delay, you appear be-
fore our
of June 1848
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
vs
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear be-
fore 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:
to bring with
family bible or book
showing his age
Executed
except
15th
vs
G
Sub. for deft,forthwith
for
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our
1848
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.
vs
Chouteau
Jn
not found in my
County
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our
1848
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
vs
G.
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The undersigned late sheriff
of the
would respectfully represent to your Honor. That when he
came into office he found the above cause pending in
this Court and by virtue of his office had the charge of
above named plaintiff at the
Court A D 1847
to hire out said plaintiff under the regulation of the
Statutes of
that in obdience to said order said plaintiff was hired
out at small wages untill about the
A D 1848
plaintiff any longer said plaintiff was by me delivered
over to the Jailer of the
still remains, at the charge of the said late Sheriff,
The present Sheriff haveing refused to take the charge &
control of said plaintiff.
Being of opinion that I cannot
legally any longer have the charge of plaintiff I would
therefore ask that an order may be made directing
the present Sheriff to take charge of said plaintiff and
do with him as the jail shall
Sheriff may no longer be
belonging to his
all of which is respectfully submitted
petition
from the
of
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
our
of Janyuary 1849
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 this
in the County of
the
on
(
Rowan
vs
Chouteau
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear before
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.
vs
Gabl
Executed
Louis
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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
vs
Executed
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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
vs
Gab
deft for
Executed
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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
vs
Executed this
Court
sick,
is dead
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Personally appeared before
me the
of
being by me first
oath say that they one, the
the
jail, that
in said
his
these
to have been
his
who is now
Pierre of color
vs
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To the above named plaintiff
You are hereby notified, that Depositions of Witnesses to be read in evidance in above
cause, on the part of
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 between the same hours, till completed.
vs
Served this notice in the county of
by delivering a true copy thereof to
of Color
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before me the
Circut Court of St Louis County
David H. Bishop who being
first duly
that he was a
of color, whose suit for
was
about the
1848.
which he was
had
jail and his
that the sheriff was
him out
vs
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You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before
our
then and there to testify and the truth to say in a certain cause pending in said Court, wherein
defendant, on the part of the
and herein you are in no wise to fail.
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You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before
our
then and there to testify and the truth to say in a certain cause pending in said Court, wherein
defendant, on the part of the
and herein you are in no wise to fail.
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You are hereby commanded, that, setting aside all manner of excuse and delay, you appear before
our
then and there to testify and the truth to say in a certain cause pending in said Court, wherein
defendant, on the part of the
and herein you are in no wise to fail.
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an order on
St Louis County to render an account to this Court
of the
under the
vs
Motion by
an order on
an account of the
of
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Be it
appeared Charles
me the undersigned Justice of the
Peace, and the said
duly sworn, upon his oath states
that
suit of
the defendant
and a man named
of the reasonable liberty of attending
his Counsel & the Court; that said
on account of his application
for freedom, that on Friday the
locked up in a cell of the jail
of the
for freedom, that on Monday the
was
ten o clock in the evening of said
last mentioned day, said Chouteau
&
from said jail &
vs
Affidavit of
that pff was subjected to
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and now comes the said
plaintiff by
moves the Court to set aside the order
of dismissal made in this suit and
to
for a trial on its merits for the following
reasons viz:
was made when
counsel had removed from the state,
plaintiff was
been in prison there ever since the
day of april 1848.
2nd Because this Court has
a judgement of liberation in favour of this
plaintiff against this defendant &
the evidance of this plaintiffs right to
a
on file in this suit.
3rd Because a refusal of a trail of
this suit for freedom on its merits
is a violation of the
being the statutes of the
against the peace & dignity of the
state of
vs
motion to
dismissal
the suit.
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In the matter of
who is confined in the jail of the
by reason of the inability of the sheriff to
him out, as a plaintiff in an action for
freedom against
It
of the Court that the former order of this
Court for the removal of said
County farm, cannot be carried into effect
by reson that the county court has not
satisfied that the same
removal from persion
is that he is summoned of
in
that said
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And now on this day
plff and
to
vs
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vs
order for
behalf of deft to
Pierre
vs
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find the said Defendant is guilty of
said several
as the said plaintiff in his
hath alleged
mencement
mencement Common
Commencement
mencement
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on the
ation in the above entitled cause
it
said
he is now detained in jail
the
hire him out as
and that his further
in prison will
and directed
consent
sheriff at the county
County.
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It appering that the
heretofore made for living
out the plff is made on
the
sheriff of St Louis County
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vs
Chouteau
A.No.1.
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Before the commandant of the western part of the
sold and transferred now and for ever and promises to
whatsover to
for himself and his heirs assigns a negress named
slave
as having acquired her
late John Stork with which he is besides charged. That
the said
of a thing to him belonging to commence the
enjoyment from this day. This sale thus made
for the price and value of eleven
and eighty seven
shaved & receipted, payable on the first day
of May of the next year of one thousand
seven hundred and ninety six. For
the whole delay and under penalty of all
payment, damages and interst the
said
cial privilege bound and
besides the said purchaser thereto
his person and his property present and
to come, transfering by the said
of property and others which he has and
can have upon the said
sold of which he has dispossised and
with
and Manl
mandant of
eighth day of the month of October of
the year one thousand seven hundred
and ninty five.
of
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is above supposed. and
vs
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Victoria by the Grace of God of the United Kingdom of Great
and Ireland Queen Defender of the Faith
To all to whom these Presents shall come Greeting
Know Ye that amongst the Rolls and Records in
the Registrar's Office of the
249 it is thus
By the King
A Proclamation
George R.
Whereas We have taken into our Royal
consideration the extensive and valuable acquisitions in
Treaty of Peace concluded at
as well as our Kingdoms as of our Colonies in
great benefits and advantages which must accruce therefore to their commerce, manufactures and Navigation.
We have thought fit with the advice of our Privy Council to issue this our Royal Proclamation, hereby to Publish
and declare to all our loving subjects, that We have with the advice of our said Privy Council granted our setters
patent under our Great Seal of Great
by the said Treaty four distinct and separate Governments stiled and called by the names of
Firstly The Government of
line drawn from the head of the River though the State St. John to the South end of the Lake Nipissim from whence the said
Sea and also along the north coast of the Bay des Charleurs and the coast of the Gulf of Saint Lawrence to Cape Rosieres and
from thence crossing the mouth of the River Saint Lawrence by the West end of the Island of Anticostly tormenates at the
aforesaid River Sant John.
Secondly The Government of West
River to the northward by a line drawn from that part of the said River where the Catahouchee and Flint Rivers
meet, to the source of St Marys River and by the course of the said River to the Atlantic Ocean and to the East and South
by the Atlantic Ocean and the Gulf of Florida including all Islands within six leagues of the sea coast.
Thirdly The Government of West Flroida bounded to the southward
Islands within
said lake, the Lake Maurepas the
part of the
and and to the Eastward by the said River.
Fourthly The Government of Genada comprehending the Islands of that name together with the Grenadines
and the Islands of Dominico, Saint Vincent and Tobago
And to the end that the open and free fishery of our subjects may be extended to and carried on upon the coast of
Labrador and the adjacent Islands We have thought fit with the advice of our said Privy Council to put all that
coast from the River St. Johns to Hudson's streights together with the Islands of Anticostly and Madelaine and
all other smaller Islands lying upon the said coast, under the care and inspection of our Governr of Newfoundland.
We have also with the advice of our Privy Council thought
or Isle Royale with the lesser Islands adjacent thereto to our Governor of Nova Sestia.
We have also with the advice of our Privy Council aforesaid annexed to our Province of Georgia all the lands
lying between the Rivers Attamaha and Saint Marys
And Whereas it will greatly contribute to the speedy setting of our said new governments that our loving
subjects should be informed of our Paterral care for the security of the liberty and properties of those who are and
shall become inhabitants We have thought fil to publish and declare by this our Proclamation that We have in
the Letters Patent under our Great Seal of Great
express power and direction to our Governor of our said Colonies respectively that so soon as the state and
circumstances of the said Colonies will admit thereof, they shall with the advice and Consent of the members
of our Council summa and call general assemblies within the said Governments respectively, in such manner
and form as is used and directed in those Colonies and Provinces in
Government. and We have also given power to the said Governors with consent of our said Councils and the
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Representatives of the People so to be summoned as aforesaid, to make, constitute and ordain Laws, Statutes and
Ordinances for the Public Peace, Welfare and good Government of our said Colonies and of the People and
Inhabitants thereof as near as may be to the Laws of
as are used in other Colonies, And in the mean time and until such assemblies can be called as aforesaid
all persons inhabiting in, or resorting to Our said Colonies may Confide in our Royal protection for the enjoyment of the
benefit of the Laws of our Realm of
the Governors of our said Colonies respectively, to erect and Constitute with the advice of our said Councils respec-
=tively Courts of Judicature and Public Justice within our said Colonies for the hearing and determining all
causes as well criminal as civil according to Law and Equity and as near as may be agreeable to the Laws
of
We have also thought
of our said three New Colonies upon the Continent full power and authority to settle and agree with the Inha-
=bitants of our said New Colonies or to any other person who shall resort thereto for such lands, tenements and
hereditaments as are now or hereafter shall be in our power to dispose of and then to grant to any such
person or persons upon such terms and under such moderate quit
as have been appointed and settled in other Colonies and under such other Conditions as shall appear to
Us to be necessary and expedient for the advantage of the Grantees and the improvement and settlement of our
said Colonies. And whereas We are desirous upon all occasions to testify our Royal sense and appro-
=bation of the conduct and bravery of the Officers and Soldiers of our Armies and to reward the same, We do
hereby command and empower our Governors of our said three New Colonies and other our Governors of our
several Provinces on the Continent of North
as have served in North
apply for the same the following quantities of land subject at the expiration of ten years to the same quit-rents
as other lands are subject to in the Province within which they are granted as also subject to the same
Conditions of Cultivation and improvement, viz.
To every
To every
To every Subaltern or Staff Officer..... 2,000 Acres
To every Non Commission Officer....... 200 Acres
To every Private Man.......... 50 Acres
We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies
upon the Continent of North
such reduced Officers of our
Governors for such Grants. And whereas it is just and reasonable and essential to our interest and the
security of our Colonies that the several Nations or Tribes of Indians with whom We are connected and who live
under our protection should not be molested or disturbed in the possession of such parts of our Dominions and
grounds We do therefore with the advice of our Privy Council declare it to be Our Royal will and Pleasure that no
Governor or Commander in Chief in any of our Colonies of
upon any pretence whatever to grant Warrants of Survey or pass any Patents for lands beyond the bounds of
their respective Governments as described in their Commissions; as also that no Governor or Commander in
Chief of our other Colonies or Plantations in
the Rivers which
which not having been ceded to or purchased by us as aforesaid, are reserved to the said Indians or any of them.
And We do further declare it to be our Royal will and pleasure for the present as aforesaid, to reserve under
our Sovereignty, protection and dominion for the use of the said Indians all the land and territories not
included within the limits of our said three, New Governments or within the limits of the Territory granted to
the Hudson's Bay Company as also all the land and
which fall into the Sea from the West and North West as aforesaid, And We do hereby strictly forbid on pain
of our displeasure all our loving subjects from making any purchases or settlements whatever or taking possession
of any of the lands above reserved without our special leave and licence for that purpose first obtained.
And We do further strictly enjoin and require all persons whatever who have either wilfully or inadvertently
seated themselves upon any lands within the Countries above described or upon any other lands which having
not been ceded to or purchased by Us are still reserved to the said Indians as aforesaid, forthwith to remove
themselves from such settlements. And Whereas great frauds and abuses have been committed in the
purchasing lands of the Indians to the great prejudice of our interests and to the great dissatisfaction of the said
Indians, in order therefore to prevent such irregularities for the future and to the End that the Indian's may be
convinced of our Justice and determined resolution to remove all reasonable Cause of discontent we do with
the advice of our Privy Council, strictly enjoin and require that no person do presume to make any purchase
from the said Indians of any lands reserved to the said Indians within those parts of our Colonies where
We have thought proper to allow settlement, but that if at any ttime any of the said Indians should be
inclined to dispose of the said lands, the same shall be purchased only for us, in our name at some Public
Meeting or assembly of the said Indians to be held for that purpose by the Governor or Commander in Chief of
our Colony respectively within which they shall lie; and in case they shall lie within the limits of any
proprietaries conformable to such directions and Instructions as We or they shall think proper to give
for that purpose; And We do by the advice of our Privy Council declare and enjoin that the Trade with the
said Indians shall be free and open to all our subjects whatever, provided that every person who may
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incline to trade with the said Indians do take out a Licence for carrying on such trade from the Governor or
Commander in Chief of any of our Colonies respectively where such person shall reside and also give
security of observe such Regulations as We shall at any time think fit by ourselves ..... or Com-
missaries to be appointed for this purpose to direct and appoint for the benefit of the said Trade and
We do hereby authorize, enjoin and require the Governors and Commanders in Chief of all our Colonies
respectively as well those under our immediate Government as those under the Government and
direction of Proprietaries to grant such hences without fee or reward taking especial Care to insert
therein a condition that such licence shall be void and the security fortifeed on Case the
the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to
prescribe as aforesaid and we do further expressly enjoin all officers whatever as well
aforesaid for the use of the said Indians, to seize and apprehend all persons whatever who standing
charged with Treasons, Misprison's of Treasons, Murders or other Felonies or Misdemeanors shall fly from
Justice and take refuge in the said Territory and to send them under a proper guard to the Colony
where the Crime was Committed of which they shall stand accused in order to take their trial for the
same.
Given at our Court at St. James's
the 7th day of October 1763 in the third
year of our Reign.
God save the
All which We have commanded to be exemplified.
In Testimony Whereof We have caused these our
Letters to be made Patent and the Great Seal of our said Province to be hereunto affixed. Witness our
Right Trusty and Well Beloved
Cathcart of Cathcart in the County of Renfrew, K. C. B. Administrator of the Government of our
thirtieth day of March in the year of our Lord one thousand eight-hundred and forty six and in the
Ninth year of Our Reign.
By Command.
plaintiff Counsel
vs
Opened
1846
Exemplification
of Royal Proclamation dated
October 1763.
Recorded
Lib. A. A. Folio 214
Great Seal to 3-10
Recording at
4 pm
2,400 words $ 5"18"