t
case.
[21] The modern lawyer, in my opinion, would find no difficulty in
coming to the same conclusion as the Chief Justice.
Mr. Chipman in his interesting correspondence with Chief Justice
Blowers (_Trans. R. Soc. Can._, 1898, pp. 148 sqq.) admits that if his
opponents had hit upon the Nova Scotia Statute of 1762 as revised in
1783 "the conclusiveness of their reasoning on their principles would
have been considered as demonstrated." He adds: "In searching your
laws upon this occasion I found this clause but carefully avoided
mentioning it," which raises a curious question in legal ethics.
[22] The reconveyance to Bailey, a quit claim deed, is witnessed by
George Leonard and Thomas Wetmore and is dated February 22, 1800. The
indenture by which Nancy bound herself for fifteen years is dated
February 23, 1800.
If Dr. Jack is right in his conjecture the argument took place when
she was 36 and she would receive her freedom when she was 51. Agnew
challenged Judge Allen for some reflection upon him by the Judge; the
challenge was declined and Agnew then challenged Street who
accepted--and they fought a bloodless duel. Street later in 1821
fought a duel with George Ludlow Wetmore over words which passed on
leaving the Court. Wetmore was struck in the head and died in a few
hours. Street was tried and aquitted. One result of this case was that
Mr. Justice Upham freed his slaves. His wife had six inherited from
her father and he himself had some, one a girl born in the East Indies
whom he had bought from her master in New York, the master of a ship,
afterwards married a soldier in Colonel Allen's regiment.
[23] What is believed to be the last advertisement for the sale of a
slave in any maritime province is in the New Brunswick _Royal Gazette_
of October 16, 1809 when Daniel Brown offered for sale Nancy a Negro
woman, guaranteeing a good title. The latest offer of a reward for the
apprehension of a runaway slave is said to be in the same paper for
July 10, 1816.
[24] For this act the perpetrator was excluded by his masonic lodge;
being brought to trial before the Supreme Court in August 1792 he was
"honourably acquitted" and afterwards he was reinstated by his lodge.
[25] Seldom mentioned and never much boasted of in the United States.
[26] The word _Camouflage_ may be new. The practice antedated
humanity.
[27] There is a record of 371 arriving at St. John from Halifax on May
25, 1815, by the _Romulus_, w
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