sition he retained until 1825. Osgoode
resigned his position and went to England in 1801 and lived in England
until his death in 1824: he was never Chief Justice at Montreal.
[19] One result of these decisions was to induce the escape of Negro
slaves from Upper Canada where slavery was lawful to Lower Canada. For
example one hears of two of the three slaves whom Captain Allan
brought with him into Upper Canada from New Jersey running away to
Montreal. The owner pursued them to Montreal and searched for them in
vain for ten days. The third slave, a woman, he sold with her child.
The Statute is (1833) 3, 4, William IV, c. 73 (Imp.). One result of
this Act is exceedingly curious and to the philosophical lawyer
exceedingly interesting. Slaves which had been real estate, as soon as
the act was passed ceased to be such, and the benefit to be obtained
from their labor until fully enfranchised and the money to be paid by
the legislature as compensation for their freedom became personal
estate. See the luminous judgment of the Judicial Committee of the
Privy Council in Richard _v._ Attorney General of Jamaica, Moore's
_Report of Cases in the Judicial Committee_ (1848), Vol. 6, p. 381.
In a note on p. 35 of a paper in the _Transactions of the Royal
Society of Canada_, 1900, on _La Declaration de 1732_ M. L'Abbe
Auguste Gosselin, Litt.D., F.R.S., Can., we read:
"On trouve dans le livre de Mgr. Tanguay _A travers les Registres_, p.
157, une notice sur l'Esclavage au Canada, avec un 'Tableau des
familles possedant des esclaves de la nation des Panis' L'esclavage ne
fut definitivement aboli par une loi, en Canada, qu'en 1833."
The learned author does not mean that there was legislation on slavery
in Canada in 1833, or that it was Canadian legislation which abolished
slavery; for such was not the case.
[20] From September 8, 1828, to October 19, 1830.
[21] _Canadian Archives_, State K, p. 406.
CHAPTER V
UPPER CANADA--EARLY PERIOD
The first Parliament of the Province of Upper Canada sat at Newark
formerly and now Niagara-on-the-Lake, September 17, 1792. The very
first act of this first Parliament of Upper Canada reintroduced the
English civil law.[1] This did not destroy slavery, nor did it
ameliorate the condition of the slave. It was rather the reverse, for
as the English law did not, like the civil law of Rome and the systems
founded on it, recognize the status of the slave at all, when it was
forced by
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