justice
of the peace, and January 31, 1800, Charles Blake, Robert Jones and
James Dunlop, justices of the peace of the District of Montreal
committed Robin to the "Common Gaol and House of Correction at
Montreal" with a warrant to Jacob Kuhn "Keeper of His Majesty's Jail
and House of Correction" to receive "a negroman named Robert who
refuses to go home to his owner and him safely to keep till he may be
discharged or otherwise dealt with according to law."

In the February Term 1800 of the Court of King's Bench for the
District of Montreal[17] Mr. A. Perry, his advocate, obtained a writ
of habeas corpus and on the tenth of February the black was produced
in court. Mr. Perry for the black and Mr. Kerr for James Fraser
presented their arguments upon this day and on the thirteenth of
February, and after consideration and consultation the court five days
later ordered the discharge of Robin alias Robert from his confinement
under the warrant.[18]

The decision proceeded on the ground that the Act of 1797 which
repealed the provision for the sale of Negroes to answer a judgment
had revoked all the laws concerning slavery. Remembering that the Act
of 1732 was intended to change the common law of England which did not
allow the sale of land under a writ of execution, fieri facias, it
should probably be considered that the sole effect of the repeal of
the act as regards Negroes was to exempt them from sale under fieri
facias, without affecting their status. And it is well known that
slavery continued in the West India Islands and in Upper Canada long
after the Act of 1797.

The effect of the decisions while not technically abolishing slavery
rendered it innocuous. The slave could not be compelled to serve
longer than he would, and the burden of slavery was rather on the
master who must support his slave than on the slave who might leave
his master at will. The legislature refusing to interfere, the law of
slavery continued in this state until the year 1833 when the Imperial
Parliament passed the celebrated act which forever abolished slavery
in British Colonies from and after August 1, 1834.[19]

As Lower Canada passed no legislation on slavery, the extradition of
fugitives was made impossible and Canada became therefore an asylum
for the oppressed in the United States. Before the Act of 1833 there
was one instance of a request from the Secretary of State of the
United States for the delivery up of a slave. The matter was