can be the proprietor of
another.
"Every slave therefore who comes into the province is immediately
free whether he has been brought in by violence or has entered it
of his own accord; and his liberty cannot from thenceforth be
lawfully infringed without some cause for which the law of Canada
has directed an arrest.
"On the other hand, the Individual from whom he has been taken
cannot pretend that the slave has been stolen from him in as much
as the law of Canada does not admit a slave to be a subject of
property.
"All of which is respectfully submitted to Your Excellency's
Wisdom."[21]
FOOTNOTES:
[1] Under the Canada Act of 1791, the provinces had each a parliament
or legislature, an upper house, the Legislative Council, of nominated
members, not fewer than seven in Upper and not fewer than fifteen in
Lower Canada, and a lower house, the House of Assembly, sometimes
called the House of Commons elected by the people, not fewer than
sixteen in Upper and not fewer than fifty in Lower Canada.
[2] In the sister province a bill to the same effect was more
fortunate in the same year a little later. This will be considered in
the next chapter.
[3] In a work of some authority, Bibaud's _Pantheon Canadien_, page
211, it is said that "Joseph Papineau, Notary Public, Member of the
Legislature Assembly for Upper Quebec presented about 1797 a petition
of the citizens of Montreal for the abolition of slavery." If that be
the case there was nothing done on the petition, but it seems probable
that the author refers to the petition of 1799 spoken of later in the
Text.
[4] From Massicotte _ut supra_ in _Le Bulletin des Recherches
Historiques_, Vol. II, p. 136, it is said: "Une annonce publiee dans
la Gazette de Quebec vers: cette epoque (_i.e._, 1797) represente un
negre courant a toutes jambes. 'Il est offert une recompense honnete a
qui remenera a son maitre marchand de Trois Rivieres son esclave
fugitif' Ce pauvre diable pensait sans doute que la loi qu'on
proposait pourrait pas d'effet retroactif."
[5] Lafontaine _ut supra_, pp. 49-51.
[6] Lafontaine _ut supra_, pp. 52 & 56.
[7] For the Act of 1732 (5 George II, c. 7). The repealing Act was
(1797) 37 George III, c. 119 (Imp.).
[8] The Statute of 1562, 5 Elizabeth, c. 4, not repealed until 1814,
54 George III, c. 96 (Imp.).
[9] See ante, p. 304.
[10] _Ibid._, p. 305.
[11] _Ibid._, p. 31
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