Charlotte v. Chouteau
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The documentary evidence adduced by the defendant, consisting of the articles of capitulation, the treaty of peace, the act of 1771, the act of 1790 and the act of 1793 demonstrate the existence of negro slavery and its legality from 1763 until 1793. II. The testimony of Messrs.
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Appeal from, St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The documentary evidence adduced by the defendant, consisting of the articles of capitulation, the treaty of peace, the act of 1771, the act of 1790 and the act of 1793 demonstrate the existence of negro slavery and its legality from 1763 until 1793. II. The testimony of Messrs. Gale and Reed as to the effect of the acquisition of Canada by the British government was incompetent and illegal; also their testimony as to the effect of various clauses in the treaty of cession, the king’s…
1Opinion of the CourtRichardson, Judge
The plaintiff asserts her right to freedom on the ground that her mother, a negress, was born in Montreal, in Lower Canada, about the year 1768, and that her mother was not *467born a slave, because slavery did not exist in Canada at the time of her birth.
On the trial the plaintiff gave parol evidence tending to prove that her mother was born in Montreal about the year 1768, and that slavery did not actually exist and was not tolerated by law at that time in Canada.
The defendant, on his part, gave parol evidence tending to prove the actual existence of slavery in Canada in the year 1768; that…
2Cases cited7 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Inge v. MurphySupreme Court of Alabama · 1846
- Comparet v. JerneganIndiana Supreme Court · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fitzpatrick v. International Railway Co.New York Court of Appeals · 1929
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Duke v. HarperSupreme Court of Missouri · 1877
- Meyer v. McCabeSupreme Court of Missouri · 1880
8 more not listed; retrieve them via the Exa API.