FREE BOOKS

Author's List




PREV.   NEXT  
|<   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356  
357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   >>   >|  
t "there is good ground for the opinion that this baneful system was never actually abolished in the present Canadian Provinces until the vote of the British Parliament and the signature of King William IV in 1833 rendered it illegal throughout the British Empire." [16] J. Allen Jack, Q. C., D. C., L., of St. John, New Brunswick, gives a full account of this case from which (and similar sources) most of the facts are taken. In a paper read before the Royal Society of Canada May 26, 1898, _Trans. R. S. Can._, 1898, pp. 137 sqq., Dr. Jack conjectures that Nancy Morton is the Negro female slave conveyed by bill of sale registered in the office of the Register of Deeds, St. John's, N. B. Slaves were treated as realty as regards fieri facias under the Act of 1732 (see ante, p. --) and at least "savoured of the realty." The bill of sale registered January 31, 1791, was dated November 13, 1778, and was executed by John Johnson of the Township of Brooklyn in King's County, Long Island, Province of New York. It conveyed with a covenant to warrant and defend title to Samuel Duffy, Innkeeper for L40 currency (say $100) "a certain negro female about fourteen years of age and goes by the name of Nancy," pp. 141, 142. However that may be, Stair Agnew bought Nancy from William Bailey of the County of York in the Province of New Brunswick for L40 with full warranty of title as a slave. [17] He was born in Boston in 1753, the son of John Chipman, a member of the Bar. Graduating at Harvard, he joined the Boston Bar and practised in that City until 1776. After the Peace he went to England and in 1784 sailed for New Brunswick of which he was appointed Solicitor General. After a quarter of a century of successful practice he was appointed 1808 a puisne judge of the Supreme Court. He died in February, 1826. His services to Nancy Morton were given without fee or hope of reward. [18] That of Mr. Chipman is given in _Trans. R. Soc. Can._, 1898, pp. 155-184. [19] It will be seen that the return sets up that Jones bought and owned the slave and the case was argued on that hypothesis, but the historians say that Captain Stair Agnew was the owner. The point is not of importance. [20] _Mos regit legem, Mos pro lege, Leges moribus servient, Consuetudo est optimus interpres legum_, custom is the life of the law, custom becomes law, &c., &c. That slavery was necessary and therefore legal in the American Colonies was admitted in the Somerse
PREV.   NEXT  
|<   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356  
357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   >>   >|  



Top keywords:
Brunswick
 

registered

 
County
 

realty

 

Province

 

appointed

 
Morton
 

female

 
conveyed
 
British

Chipman

 

William

 

custom

 

bought

 

Boston

 
puisne
 

joined

 

Harvard

 

Supreme

 

February


Bailey

 

warranty

 
Graduating
 

member

 
quarter
 

General

 
sailed
 

England

 

Solicitor

 
century

practice
 

practised

 

successful

 

moribus

 

servient

 

Consuetudo

 

importance

 

optimus

 

interpres

 

American


Colonies

 

admitted

 

Somerse

 
slavery
 
reward
 

services

 

hypothesis

 

historians

 

Captain

 
argued