Charlotte v. Chouteau
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. By virtue of her mother’s birth and residence for several years in Montreal in Canada, when and where the custom and usage of slavery did not exist, plaintiff claims her freedom. Pierre vs. Chouteau, 9 Mo. R., 1; Bacon’s Abridg., title Custom; 1 Blackstone, 68 and 76, et seg.,424, and cases there cited; Forbes vs. CocbraD, 9 Com.
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APPEAL from St. Louis Circuit Court. 1. By virtue of her mother’s birth and residence for several years in Montreal in Canada, when and where the custom and usage of slavery did not exist, plaintiff claims her freedom. Pierre vs. Chouteau, 9 Mo. R., 1; Bacon’s Abridg., title Custom; 1 Blackstone, 68 and 76, et seg.,424, and cases there cited; Forbes vs. CocbraD, 9 Com. L. R., 145; 2 Greenleaf on Ev., 248; et seq.} title Custom; Story’s Con. of Laws, 528-96, and cases there cited; Marie Louise vs. Mariot, et al., 8 Lou. R., 475; Forsyth, et al., vs. Nash; 4 Mar. Lou. R., 385; Wilson vs.…
1Opinion of the CourtNapton, J.
This was a suit for freedom, in which the defendant, Chouteau, obtained a verdict and judgment.
The plaintiff claimed her freedom on two grounds. 1st, because her mother, Rose, was born in Montreal, and, 2nd, on account of the residence of Rose, about the year 1794, at Michilimacinack and Prairie du Chien.
The plaintiff gave evidence tending to show that Rose was born in Canada, and also that slavery never existed in Canada. The defendant gave evidence to show that slavery did in fact exist in Canada. No evidence was given of any law prohibiting or giving sanction to slavery in Canada.
It…
2Cited by3 opinions
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