Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri (Volume 2)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1843 Excerpt: ... Vkswma of tlje Supreme Jourt of Jllissouri, ST. LOUIS DISTRICT, MAY TERM, 1828. Marguerite V. Chouteau. Indians taken captive in war, prior to the year 1769, by the French, anil held or sold as slaves, in the province of Louisiana, while the same was held by the French--held to be lawful tlaves; and if females, their desceudanlslikewise. (Note a.) IN ERROR from the St. Louis Circuit Court. Opinion of Tompkins, J. This is an action of trespass, assault and battery, and false imprisonment, brought by the appellant against the appellee, to recover her freedom. On the trial, the following facts appeared in evidence: Madame Chauvin deposed, that Marguerite, the plaintiff, appellant here, was born in the year 1778; that the name of her mother was Marie Jean, sometimes called Marie Scipion, who belonged to and lived with Joseph Tayon, the deponent's father; that the mother of the appellant was in possession of deponent's father from the time of his marriage until January, 1801, when she was removed sick from the house of Mr. Chouteau (where Tayon then lived) to the deponent's house, where she died in June, 1802, aged about 60 years; that the deponent had heard from her father and mother, that Marie Scipion was bought by deponent's grand mother, and given to her mother; that she had heard from the same, that Mirie Scipion was the daughter of an Indian woman captured by the French near Natchez, and brought to Fort Chartres, where she was sold as a slave; that a negro man named Scipion was supposed to he the father of Marie Scipion; that the deponent has heard this from others than her father and mother; (72) that the deponent's father had an Indian woman named Marie Louise, who had Marguerite v. Chouteau. two male children, Akin and Julien, who ran away and passed fo...