He accordingly waited upon that gentleman and told him he had
resolved not to submit to his orders to go to New-Jersey. Whereupon
Cottineau took possession of his trunk, containing his papers and
clothing, and caused him to be committed to prison.
A writ of _habeas corpus_ was procured, and the case was brought before
Judge Inskeep, of the Court of Common Pleas. It was found to be involved
in considerable difficulty. For while several witnesses swore that they
knew Etienne in Guadaloupe, as a free man, in business for himself,
others testified that they had known him as the slave of Anslong. It was
finally referred to the Supreme Court, and Etienne was detained in
prison several months to await his trial. Eminent counsel were employed
on both sides; Jared Ingersoll for the claimant, and Joseph Hopkinson
for the defendant. A certificate was produced from the municipality of
Guadaloupe, showing that Etienne had been an officer in the French army
for several years, and had filled the station in a manner to command
respect. The National Decree abolishing slavery in that Island was also
read; but Mr. Ingersoll contended that when the decree was revoked,
Etienne again became a slave. In his charge, Judge Shippen said that the
evidence for and against freedom was about equally balanced; and in that
case, it was always a duty to decide in favor of liberty. The jury
accordingly brought in a unanimous verdict that Etienne was free. The
court ordered him to refund the twenty dollars, which Anslong had paid
for his passage; and he was discharged.
He was a dark mulatto, tall, well-proportioned, and stylish-looking. His
handsome countenance had a remarkably bright, frank expression, and
there was a degree of courteous dignity in his manner, probably acquired
by companionship with military officers. But he belonged to a caste
which society has forbidden to develop the faculties bestowed by nature.
Such a man might have performed some higher use than cutting hair, if he
had lived in a wisely organized state of society. However, he made the
best of such advantages as he had. He opened a barber's shop in
Philadelphia, and attracted many of the most highly respectable citizens
by his perfect politeness and punctuality. The colored people had
various benevolent societies in that city, for the relief of the poor,
the sick, and the aged, of their own complexion. Etienne Lamaire was
appointed treasurer of several of these societies, and dis
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