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Pierre Choteau, Senior, Plaintiff in Error v. Marguerite, a Woman of Colour, Defendant 507 (1838)

handle is hein.slavery/ussccases0096 and id is 1 raw text is: JANUARY'TERM,, iW. PIEItR CROTEAU, SENIOR .PLAINTIFF IN ERROR V. MARGUERITE, A WOMAN OF COLOUR, DEFENDANT. Jurisdiction. The Supreme Court has not jurisdiction of a case brought by a writ 6f error from the supreme court of the state of Mississippi, under the ?5th section of the judiciary, act, where the question was whether, the appellee was a slave. The provisions of the treaty by which Louisiana was ceded to the United $tate,s and -in which was a guaninty of the property of persons residing at tlie time, of the cession Within the territory of Louisiana, may be' enforced in the courts of the state of Missouri. The allogation that the treaty has been misconstrued by the supreme court of the state, in rofusing to sanction the claim sserted, will not givo the Suprene Court of the United States ju isdiction in the case. In'thecasa of Crowell v, Randall, 10 Peters, 369p -he Court revised all the cases on jurisdiction under the 25th sectionof the judiciary act, and laid down the law as they wished it to be universally understood. ERROR to the supreme court of the third judicial district of the state of Missouri. In 1825,Marguerite, a woman of colour, by her next friend, Pierre Barrebeau, filed a declaration in the circuit court for the county of Jefferson, in the. state of Missouri,, alleging that Pierre Chateau,,sr., had beat and, bruised her, and unlawfully cdetained her in prison, against her will, &c. The object of this proceeding was -to esablish that the complainant, the descendant of an Indian woman, Marie Scipion, was free, and was unlawfully held as a slave by the d&- fendant. Pierre Choteau appeared to the suit, and pleaded that Marguerite was a slave, in his lawful possession, and so detained by him.. The case was submitted to a jury in Jefferson county, and a ver- dict was found for the plaintiff; which was afterwards set aside by the court, and a new trial ordered. The suit was afterwards tried before the same court, and a verdict was given for the defendant. The plaintiff filed a bill of exceptions; and on a writ of error to the supreme court of Missouri, the judgment of the circuit courtiwas re- versed, and the cause was remanded to that court. It was after- wards remanded to the circuit court of St. Charles county, and Was there tried again before a jury; and a verdict and judgment were ren- dered in favour of the plaintiff. The defendant, on the trial, moved tbe court to instruct the jury:

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