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He promised that he should have his passage free, for services that he might render on board; and he took charge of his passport, saying that he would give it to the captain for safe keeping. When the vessel arrived at Philadelphia, in March, 1803, Etienne was astonished to find that Anslong had paid his passage, and claimed him as his slave.
A man by the name of Anslong, then at Guadaloupe, had two slaves, whom he was about to send to the care of Dennis Cottineau, of Philadelphia, with directions to place them on a farm he owned, near Princeton, New-Jersey. When it was proposed that Etienne should take passage in the same vessel, Anslong manifested much interest in his behalf.
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.
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.
He related the particulars of his case very circumstantially, and the two colored men, who were really the slaves of Anslong, confirmed his statement. When Friend Hopper had cautiously examined them, and cross-examined them, he became perfectly satisfied that Etienne was free.
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