Legal Opinion

Chouteau v. Pierre

Supreme Court of Missouri

Decided January 15, 1845PublishedCited by 5 opinions

APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The question whether slavery existed in Canada, was a fact for the jury, which the court excluded from from their consideration, by its instructions. 2. That instruction can be justified only on the supposition that there was no evidence whatever of slavery in Canada, or not sufficient to go to the jury. 3. There was sufficient evidence to be left to the jury: 3 Mo.

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APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The question whether slavery existed in Canada, was a fact for the jury, which the court excluded from from their consideration, by its instructions. 2. That instruction can be justified only on the supposition that there was no evidence whatever of slavery in Canada, or not sufficient to go to the jury. 3. There was sufficient evidence to be left to the jury: 3 Mo. Rep. 544. That slavery of the blacks has been tolerated in all the American colonies, and no legislative act exists introducing it. 4. The holding of plaintiff’s…

1Opinion of the CourtScott, J.

This was a suit for freedom, brought by Pierre against Chouteau, in which a judgment was rendered for Pierre, to reverse which this appeal is prosecuted.

The petition of Pierre sets forth that his mother, Rose, was a negress, and was born in Montreal, in Lower Canada, about*the year 1768.— That in the year 1791, or thereabouts, his mother was taken from Montreal to Prairie du Chien, in the North-west Territory of the United States, by one Stork, where she remained until his death iit and about the year 1794, rendering service to him and his family. That about the year 1795, Andrew Todd took…

2Cases cited1 opinion

  1. Queen v. HepburnSupreme Court of the United States · 1813

3Cited by5 opinions

  1. State v. WestSupreme Court of Missouri · 1879
  2. State v. MillerSupreme Court of Missouri · 1900
  3. Murphy v. ColeSupreme Court of Missouri · 1935
  4. State ex rel. Goldsoll v. Chatham National BankMissouri Court of Appeals · 1881
  5. Coppersmith v. Mound City Railway Co.Missouri Court of Appeals · 1892

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