Azéla Gaudet, a woman of color and a minor, seeks her freedom. Gaudet claims that her mother, Clarisse, was the slave of the late Victoire Bergeron Gaudet, who died in 1829. In 1830, as the sale of Bergeron’s estate was imminent, Clarisse approached Valery Gaudet, one of the heirs, and offered to pay the price of her emancipation. Her two children, Zulmé and Baptiste would remain in bondage. An agreement was struck. At that point, hearing of the agreement, one Jean Gourdain, a resident of the parish and owner of Clarisse’s husband, offered to purchase Clarisse and her two children, and promised to honor the agreement. He purchased the family for $440. Clarisse subsequently held her end of the bargain, and in return was allowed to live as a free person with her third child, Azéla, born in 1831. However, Gourdain never took any steps to officially emancipate her. She died in 1845. After her death, Gourdain took possession of Azéla and hired her out to one Joseph Marcel Braud. Azéla claims that she was born while her mother was enjoying her freedom and she cannot be kept in bondage. She therefore seeks to be declared free, and prays that Gourdain and Braud be condemned to pay $1,000 for her “unjust and illegal possession.” She also prays that a “tutor ad hoc” and a “curator ad litem” be appointed to represent her [Related documents in French].
Result: Dismissed; motion for a new trial; overruled; appealed; reversed.
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Repository: University of New Orleans
