THE EARLY BRITISH PERIOD
When Canada passed under the British flag by conquest there was for a
time confusion as to the law in force. During the military regime from
1760 to 1764 the authorities did the best they could and applied such
law as they thought the best for the particular case. There was no
dislocation in the common affairs of the country. When Canada was
formally ceded to Britain by the Treaty of Paris, 1763,[1] it was not
long before there was issued a royal proclamation creating among other
things a "Government of Quebec" with its western boundary a line drawn
from the "South end of Lake Nipissim"[2] to the point at which the
parallel of 45 deg. north latitude crosses the River St. Lawrence. In all
that vast territory the English law, civil and criminal, was
introduced.[3] It is important now to see what was the law of England
at the time respecting slavery.
The dictum of Lord Chief Justice Holt: "As soon as a slave enters
England he becomes free,"[4] was succeeded by the decision of the
Court of King's Bench to the same effect in the celebrated case of
Somerset _v._ Stewart,[5] when Lord Mansfield is reported to have
said: "The air of England has long been too pure for a slave and every
man is free who breathes it."[6]
James Somerset,[7] a Negro slave of Charles Stewart in Jamaica,
"purchased from the African coast in the course of the slave trade as
tolerated in the plantations," had been brought by his master to
England "to attend and abide with him and to carry him back as soon as
his business should be transacted." The Negro refused to go back,
whereupon he was put in irons and taken on board the ship _Ann and
Mary_ lying in the Thames and bound for Jamaica. Lord Mansfield
granted a writ of habeas corpus requiring Captain Knowles to produce
Somerset before him with the cause of the detainer. On the motion, the
cause being stated as above indicated, Lord Mansfield referred the
matter to the full court of King's Bench; whereupon, on June 22, 1772,
judgment was given for the Negro.[8] The basis of the decision and the
theme of the argument were that the only kind of slavery known to
English law was villeinage, that the Statute of Tenures enacted in
1660, expressly abolished villeins regardant to a manor and by
implication villeins in gross. The reasons for the decision would
hardly stand fire at the present day. The investigation of Paul
Vinogradoff and others have conclusively established that there was
not a real difference in status between the so-called villein
regardant and villein in gross, and that in any case the villein was
not properly a slave but rather a serf.[9] Moreover, the Statute of
Tenures deals solely with tenure and not with status.
But what seems to have been taken for granted, namely that slavery,
personal slavery, had never existed in England and that the only
unfree person was the villein, who, by the way, was real property, is
certainly not correct. Slaves were known in England as mere personal
goods and chattels, bought and sold, at least as late as the middle of
the twelfth century.[10] However weak the reasons given for the
decision, its authority has never been questioned and it is good law.
But it is good law for England, for even in the Somerset case it was
admitted that a concurrence of unhappy circumstances had rendered
slavery necessary[11] in the American colonies; and Parliament had
recognized the right of property in slaves there.[12] Consequently so
long as the slaves, Panis or Negro, remained in the colony they were
not enfranchised by the law of the conqueror but retained their
servile status.
The early records show the use of slaves. General James Murray, who
became Governor of the Quebec Fortifications and adjoining territory
immediately after the fall of Quebec and in 1763 the first Captain
General and Governor in Chief of the new Province of Quebec,[13]
writing from Quebec, November 2, 1763, to John Watts in New York
speaks thus of the promoting of agriculture in the Province:
"I must most earnestly entreat your assistance, without servants
nothing can be done, had I the inclination to employ soldiers which is
not the case, they would disappoint me, and Canadians will work for
nobody but themselves. Black Slaves are certainly the only people to
be depended upon, but it is necessary, I imagine they should be born
in one or other of our Northern Colonies, the Winters here will not
agree with a Native of the torrid zone, pray therefore if possible
procure for me two Stout Young Fellows, who have been accustomed to
Country Business, and as I shall wish to see them happy, I am of
opinion there is little felicity without a Communication with the
Ladys, you may buy for each a clean young wife, who can wash and do
the female offices about a farm. I shall begrudge no price, so hope we
may, by your goodness succeed."[14]
From time to time slavery makes its appearance in official
correspondence. Moreover, there are still subsisting records which
show the prevalence of slavery in the province.[15] In January, 1763,
there took place at Longueuil the marriage of Marie, slave of baroness
de Longueuil, with Jacques Cesar, slave of M. Ignace Gamelin. From
1763 to 1769 there are found records of the baptism of the children
of slaves in the registers of the Parish of Lachine. In the first
issue of the _Gazette_ of Montreal, June 3, 1778, there is an
advertisement by the widow Dufy Desaulniers, offering a reward of six
dollars for the return to her of a female slave who had run away on
the 14th. She was thirty-five years old and she was dressed in striped
calico of the ordinary cut and was of "tolerable stoutness."
Alexander Henry writing from Montreal, October 5, 1778, to the
Governor Sir Frederick Haldimand, says that he had obtained a Judgment
in the Court of Common Pleas against one Gillelande in the colonies
who owed him a considerable sum of money. "Hearing that a Negro of his
had deserted from him," said Henry, "and was lurking in this Province
I obtained an execution upon that judgment and got the negro
apprehended--who is still in gaol." General Powell who was the
Commander there sent to Mr. Gray the Sheriff desiring him to postpone
the sale until such time as the Governor should be made acquainted
with the matter. Mr. Gray thereafter informed Mr. Henry that he
mentioned the affair to Sir Frederic Haldimand, who likewise ordered
the sheriff to postpone the sale until the Governor could confer with
the Attorney-General. The Attorney-General thereafter informed Mr.
Henry that he had spoken to the Governor, who was of the opinion that
the civil law should take its course.... Mr. Gray thought he should
have some definite authority to sell.... He said: "There are some
gentlemen from the Upper Countries[16] whom I presume will give more
for him than any person resident here and ... they are now on their
return." He asked that an order for sale should be sent before the
departure of these gentlemen.[16] The higher price which the
gentlemen from the "Upper Countries" would pay indicates the objection
of those in the old settled parts of the province to Slavery.
An official report made in 1778 by James Monk, Attorney General at
Quebec, to the Governor, Sir Guy Carleton, (afterwards Lord
Dorchester) gives a sufficiently full account of an occurrence the
subject of much controversy and correspondence showing the
significance of slavery at that time. The Attorney General examined
the several papers, making a case of complaint, by Joseph Despin of
St. Francois Merchant a trader against Major de Barner Commanding a
Regiment of Light Infantry Chasseurs of Brunswick Troops. Despin
complained to Brigadier General Ehrenkrook, Commander of the Brunswick
Troops at Trois Rivieres, that Major de Barner by his orders or
otherwise at Midnight of the first of the previous June, occasioned
forcibly to be taken from said Despin a Negro-woman slave, Despin's
property and suffered her to be carried out of the province. He
therefore prayed Brigadier General Ehrenkrook, that Major de Barner
might either return to him the said slave with damages or pay to
Despin the value thereof.
Upon this complaint an inquiry was made. In the course of this inquiry
Joseph Despin did not support his complaint and charge with those
legal proofs which could entitle him to recover from Major de Earner
thereupon; "or induce a Court of Justice to consider Major de Barner
as having either given any others for the taking of, or even had any
knowledge touching the intended escape of the Slave." The complaint of
Despin was then deemed very justly dismissed.
Upon the dismission of this complaint Major de Barner requested of the
Governor satisfaction and punishment upon the accuser, and a notary,
one Robin, who prepared notarial acts, in an unbecoming affrontive
manner. This request was made under three heads: first, that Despin
might be exemplarily punished, not merely for a false dishonoring
accusation of Major de Barner, a commanding officer and injurious to
his whole battalion, but punishment for the personal insults to Major
de Barner and his character; second, that Despin might pay the
expenses of preparing and making out writings; and third, that the
said Robin, the notary, may be equally punished for using expressions
in his acts hurtful and indecent to persons of honor and character.
The Attorney General asserted that there is reason to conclude from
the several testimonies appearing in the case, that Despin had lost
his slave by means of some soldiers belonging to the Battalion of
Chasseurs which Major de Barner Commanded, _though not in the least by
the orders or with the knowledge or consent of Major de Barner as
charged_.
One of the most extraordinary stories of the time is told by William
Dummer Powell afterwards Chief Justice of Upper Canada, but in
1780[17] and later practising as a barrister in Montreal. "Meeting in
the Street of Montreal an armed Party escorting to the Provost Guard
several female prisoners and Children," says Mr. Powell, "curiosity
was excited and upon engaging the Non-Commissioned Officer commanding
the Escort, Mr. Powell was informed that they were Prisoners of war,
taken in the Kentucky Country and brought into Detroit by a Detachment
of the Garrison and now arrived from thence. Further Enquiry after
procuring necessary relief to the first wants of the party, drew from
Mrs. Agnes La Force the following Narrative:
"That her husband was a loyal Subject in the Province of North
Carolina,[18] having a good Plantation well stocked and a numerous
family. That his political Sentiments exposed him to so much
Annoyance from the governing Party, that he determined to retire into
the wilderness, that he accordingly mustered his whole family,
consisting of several Sons and their Wives and Children, and
Sons-in-law with their Wives and Children, a numerous band of select
and valuable Slaves Male and female, and a large Stock of Cattle, with
which they proceeded westward, intending to retire into Kentucky.
"That after" the accidental death of the father they pursued their
route to the westward and settled with their Slaves in the wilderness
about five hundred miles from any civil establishment. After a
residence of three years, a party of regular Troops and Indians from
the British Garrison at Detroit appeared in the plain and summoned
them to surrender.[18] "Relying upon British faith," says Mr. Powell,
"they open'd their Gate on condition of Protection to their Persons
and property from the Indians; but they had no sooner surrendered and
received that promise than her sons and sons-in-law had to resort to
arms to resist the Insults of the Indians to their wives and
Slaves.[19] Several lives were lost and the whole surviving Party was
marched into Detroit, about six hundred Miles, where the Slaves were
distributed among the Captors and the rest marched or boated eight
hundred miles further to Montreal and driven into the Provot Prison as
Cattle into a Pound."[19]
This story will be credited with difficulty but accident some time
after put into the hands of Mr. Powell a document of undeniable
credit, which, however, was unnecessary: for on Mr. Powell's
representation of the case to Sir F. Haldimand the most peremptory
orders to the Commandant at Detroit to find out the slaves of Mrs. La
Force in whose ever possession they might be and transmit them to
their mistress at Montreal. But Detroit was too far distant from
headquarters and interests prompting to disobedience of such an order
too prevalent for it to produce any effect; and the commandant
acknowledged in answer to a reiterated order that the slaves could not
be produced, although their names and those of their new masters were
correctly ascertained and the following list transmitted with the
order.
List of slaves formerly the property of Mrs. Agnes La Force and in
possession of others:
Negro Scipio in possession of Simon Girty[20]
do Tim " " " Mr. Le Duc.
do Ishener " " " do do
do Stephen " " " Captn. Graham.
do Joseph " " " Captn. Elliot.
do Peggy " " " do do
do Job " " " Mr. Baby
do Hannah " " " Mr. Fisher.
do Candis " " " Capt. McKee.
do Bess --Grace Rachel--and Patrick-Indians"
----
13
The case of Mrs. La Force and some similar cases led Haldimand to
require Sir John Johnson, the Superintendent of Indian Affairs, to
report. He wrote from Quebec, July 16, 1781, "Several complaints
having been made upon the subject of selling negroes brought into this
Province (Quebec) by scouting parties--who allege a Right to Freedom
and others belonging to Loyalists who are obliged to relinquish their
properties or reclaim them by paying the money for which they were
sold, I must desire that you upon the most minute enquiry give in to
Brigadier General Maclean a Return of all Negroes who have been
brought into the Province by Parties in any Respect under your
Directions whether Troops or Indians, specifying their names, their
former masters, whether Loyalists or Rebels, by whom brought in and to
whom sold, at what price and where they are at present. I shall direct
Cols. Campbell and Clans to do the same by which it will be in my
Power to reduce the Grievances now complained of and to make such
arrangements as will prevent them in future."
Johnson sent a return of Negroes to Maclean and Maclean July 26, 1781,
and they sent it on to Haldimand: Clans and Campbell made returns
direct to Haldimand in August of the same year. Fortunately the
covering letters are extant as are the reports. There is also one
Negro, Abraham, reported in a Return of Rebel Prisoners in and about
Montreal as having been taken June 18, 1781; and, therefore, about a
year after Mrs. La Force's capture.[21]
"Of the fifty or more slaves named in this list," says Dr. T. W.
Smith, "nearly half were sold at Montreal, a few being carried by the
Indians and Whites to Niagara. The others were handed to their former
owners. 'Charles' 'taken at Balls Town making his escape out of a
window in Col. Gordon's house' was sold to the Rev. David C. DeLisle,
the Episcopal rector at Montreal, for L20 Halifax currency; Samuel
Judah, Montreal, paid L24 for 'Jacob' also a slave of Col. Gordon, a
rebel master, but for a Negro girl of the same owner he gave L60;
Nero, another of Col. Gordon's slaves, captured by a Mohawk Indian,
Patrick Langan sold to John Mittleberger of Montreal for L60; 'Tom'
was sold by Captain Thompson of Col. Butler's Rangers for L25 to Sir
John Johnson who gave him to Mr. Langan; and William Bowen, a Loyalist
owner, sold his recovered slave 'Jack' for L70 to Captain John
McDonell of the Rangers. 'William,' who was also sold for L30 to Mr.
McDonell and afterwards carried to Quebec, had been taken from his
master's house by Mohawk Indians under Captain John the Mohawk with a
wagon and horses which he had got ready to convey his mistress Mrs.
Fonda wife of Major Fonda to Schenectady ... another Negro man, name
unknown, was sold 'by a soldier of the 8th Regiment to Lieutenant
Herkimer of the Corps of Rangers, who disposed of him to Ensign
Sutherland of the Royal Regiment of New York.'"
Negroes were not the only victims of Indian raids. In 1782 Powell had
another experience, which is indicative of the practices of the
Indians during the Revolutionary War.[22] In his letter to the
Commissary of Prisoners at Quebec he wrote:
Montreal, 22 August, 1782.,
"Sir
I should make an Apology for the Liberty I take but that I
consider it a public Duty.
When you were here some time since, I am informed that mention
was made to you of a young female slave bought of the Indians by
a Mr. Campbell, a Publican of this Town, and that when you
learned that she was the Daughter of decent family in
Pensilvania[23] captured by the Indians at 10 years of age, your
Humanity opposed itself to the barbarous Claim of her Master and
you Promised that she should be returned to her Parents by the
first Flag with Prisoners.
"In consequence of such a Promise," continued he, "the Child had
been taught to expect a speedy release from her Bondage, and,
finding that her Name was in the List permitted by his Excellency
to cross the Lines with a flag from St. Johns,[24] she imagined
that there could be no Obstacle to her Return; but, being
informed that Mr. Campbell had threatened to give her back to the
Indians, she eloped last Evening, and took refuge in my House
from whence a female Prisoner, (sometime a nurse to my children)
was to sett off this Morning for the Neighborhood of the Child's
Parents. Upon Application from Mr. Campbell to Brigadr. Genl. De
Speht setting forth that He had furnished her with money, an
order was obtained for the delivery of the Child to her Master
and there was no time for any other Accommodation than an
undertaking on my part to reimburse Mr. Campbell the Price he
paid for her to the Indians. This I am to do on his producing a
Certificate from some Military Gentleman, whom he says was
present at the Sale. I have no objection to an Act of Charity of
this Nature, but _all Political Considerations aside_, I am of
opinion that the national Honor is interested, that this
Redemption should not be the Act of an Individual. As Commissary
of Prisoners I have stated the Case to you, Sir, that you may
determine upon the propriety of reimbursing me, or not, the sum I
may be obliged to pay on this occasion.
"That all may be fairly stated I should observe that the Child
was never returned a Prisoner,[25] nor has drawn Provisions as
such--although there can be no doubt of her political character,
having been captured by our Savages."
The reply to this communication was:
"I am favored with your's by Saturday's post and have since layed
it before His Excellency the Commander in Chief, and I have the
Pleasure to inform you that he approves much of your Conduct and
feels himself obliged for your very humane Interposition to
rescue the poor unfortunate Sarah Cole from the Clutches of the
miscreant Campbell; and I am further to inform you that your
letter has been transmitted by his Secretary to the Judges at
Montreal, not only to make Campbell forfeit the money he says he
paid for the Girl, but if possible to punish and make him an
example to prevent such inhuman conduct for the Future; but in
any Event you shall be indemnified for the very generous
Engagement you entered into."
It has been established that Mr. Powell had redeemed his word the day
it was given and paid Mr. Campbell Twelve Guineas[26] on production of
a string of Wampum delivered by the Indians with the girl and the
money paid by Campbell. A cartel went forward August 22, 1782, and in
the list of prisoners sent south appears the name "Sarah Coal."[27]
Haldimand gave Mr. Justice Mabane, the man of all work of his
administration, instructions to see to it that Campbell did not profit
by his inhumanity and also to take such steps that the practice should
not prevail for the future.[27]
A petition presented to Haldimand in 1783, however, discloses another
transaction with the Indians.[28] Jacob Adams presented the petition
December 13 of that year from Carleton Island. He said:
"I have taken a Yankee Boy (by name Francis Cole)[29] with a
party of Messesagee Indians--afterwards when I arrived at
Carleton Island with the said party of Indians and said Yankee
Boy, the Commanding Officer (Captain Aubrey) demanded the
Prisoners Vizt. this Boy and an old man[30] the Indians refus'd
giving them up on which Capt. Aubrey gave me Liberty to purchase
them and so I did by paying sixteen Gallons Rum for the Boy which
cost me at this place twenty shillings, York Currency, pr.
Gallon,[31] and he the said Yankee Boy was to serve me the term
of four years (with his own lawfull consent) for my redeeming
him. As for the old man I likewise bought him for two Gallons Rum
but Capt. Aubrey requested I should send him Prisoner to Your
Excellency. I acted accordingly. I likewise gave a shirt apiece
to each of the two Chiefs who belonged to said party in like
manner I lost twenty-four shillings York Currency by four Keggs
which the above Rum was put into.[32]
"Now, may it please Yr Excellency this said Yankee Boy remained
very peaceably and quietly with me for the space of two months
during which Time I took him several Journeys to Fort Stanwix and
Oswego and whilst I was absent he got acquainted with some of the
soldiers on this Island who persuaded him to get off from me and
accordingly he got off in the manner following: when Lieut.
Peppin of the 5th Regiment and his Party were embarking on board
the Haldimand to go to Niagara, he privately got on board and
remained there Incog. for one Day and a Night on which I made an
application to Mr. Peppin to make a search for him and
accordingly he did and found him and likewise brought him before
the Commanding Officer who asked the Boy his Reasons for Running
away from me: he replied He did not chuse to live with me on
which Capt. Aubreay has sent him down as Prisoner to Yr.
Excellency.
"May it please Your Excellency I expect your Excellency will
please to take my Case into consideration by granting me the
Request of being paid for what I have lost by said Prisoner or
the Yankee Boy, to be returned to me...."[33]
There were not wanting at this time or later instances of those
convicted of crime buying their lives by enlistment for life. One case
of a mulatto, a slave, may be here mentioned. A mulatto called
Middleton was convicted at Montreal in 1781 of a felony (probably
larceny) which carried the sentence of death. He was an expert
mechanic of a class of men much in demand in the army and he was given
a pardon conditioned upon his enlisting for life. He chose the Second
Batallion of Sir John Johnson's Royal American Regiment then in Quebec
and was handed over by Sheriff Gray to the officers of that corps
after having taken the oath of allegiance administered to all
recruits.[34]
Many slaves were employed as boatmen, laborers, and the like, in the
army. We find a letter from headquarters at Quebec to Captain Maurer
who was at Montreal, dated October 6, 1783, which reads:
"Having had the Honor to communicate to His Excellency, the
Commander-in-Chief, your intimation that applications have been
made by the Proprietors of some Negro's Serving Capt. Harkimer's
(Herkimer) Company of Batteau Men to have them restored to them
and desiring to receive His Excellency's Pleasure therein, I am
directed to signify to you His Excellency's Commands that all
such Negro's to be given up on the Requisition of their owners,
provided they produce sufficient Proofs of their Property and
give full acknowledgments or Receipts for them which must be
taken in the most ample manner to prevent future claims and to
have the necessary recourse to those Persons who receive them
should different applications be made for the above Negro's."[35]
Peace had come[36] and there was no more need for a large army. But it
was some years before the Indians of the western country ceased from
their practice of making prisoners.[37]
[Transcriber's Note: The following two tables were published as
one large, wide table. They have been split into two tables, with
the first column repeated, for clearer presentation in this
e-book.]
RETURN OF NEGROES AND NEGRO WOMEN BROUGHT INTO THE PROVINCE BY PARTIES
UNDER THE COMMAND AND DIRECTION OF LIEUT. COL. SIR JOHN JOHNSON, BART
1783
================+==============+=========+========+================+
| Former |Property | Rebel | By Whom |
Names | Masters | of |Property| Brought In |
| |Loyalists| | |
----------------+--------------+---------+--------+----------------+
Tom |Conyne |Loyalist | |Canada Indians |
Charles[1] |Smyth | | Rebel | |
Nero[2] |Col. Gordon | | ditto |Mohawk Indians |
Jacob[3] | ditto | | ditto |Mohawk Indians |
A Negro Wench[4]| ditto | | ditto |Mohawk Indians |
Betty |Capt. Collins | | ditto |Mohawk Indians |
Tom[5] |Col. Fisher | | ditto | ditto |
Jack |Barney Wimple | | ditto |Royal Rt., N. Y.|
Diana |Adam Fonda | | ditto | ditto |
William[6] |Major Fonda | | ditto |Mohawk Indians |
Combwood |J. Wimple | | ditto | ditto |
Catharine |Dora Fonda | | ditto |Canada Indians |
Simon[7] | | | | |
Boatswain |Lewis Clemont | ditto | |Canada Indians |
Jane | ditto | ditto | | ditto |
Dick |Col. Butler | ditto | |Mohawk Rangers |
Jack[8] |Wm. Bowen | ditto | |Royal Rt., N.Y. |
Peggy |Mr. Young | ditto | | ditto |
Mink[9] |Capt. Harkemaw| ditto | | |
----------------+--------------+---------+--------+----------------+
=============+==================+=======+=============================+
| | Price | |
Names | To Whom Sold | Sold | Where They Are |
| | For | at Present |
-------------+------------------+-------+-----------------------------+
| |Halifax| |
| | Curry.| |
Tom |Jacob Jordon |L12-10 |Montreal with Mr. Jordon. |
Charles |Rev. Mr. DeLisle | 20--- |Montreal with Mr. DeLisle. |
Nero |John Mittleberger | 60--- |Montreal in Provost Gaol. |
Jacob |Saml. Judah | 24--- |Quebec. |
A Negro Wench| ditto | 60--- |Montreal with Mr. Judah. |
Betty |John Gregory | 45--- |Montreal with Mr. Gregory. |
Tom | Captn. Thomson | 25--- |Montreal with Mr. Tangen. |
Jack | | |Montreal with Capt. Anderson.|
Diana | | | ditto ditto |
William |Mr. McDonell | 30--- |Quebec. |
Combwood |Capt. Sherwood | 12-10 |St. James with Capt. |
| | | Sherwood. |
Catharine |John Grant | 12-10 |St. Genevieve with |
| | | Capt. A. McDonell. |
Simon | | |Niagara with A. Wimple. |
Boatswain | | |Niagara with |
| | | his former master. |
Jane | | | ditto ditto |
Dick | | | ditto with |
| | | his former master. |
Jack |Captn. J. McDonell| 70--- | ditto with Captn. McDonell. |
Peggy | | | ditto with |
| | | her former master. |
Mink | | |Coteau du Lac with |
| | | his former master. |
-------------+------------------+-------+-----------------------------+
[1] Taken at Bells Town, making his escape out of a window in Col.
Gordon's House.
[2] Runed away some time ago from his late Master.
[3] Taken at the same place endeavoring to make his escape, also runed
away from his late Master.
[4] Sold by Sir John Johnson in lieu of a Negro wench and child of his
Property which Col. Gordon exchanged for this Wench.
[5] Sold by Capt. Thomson of Col. Butlers Rangers, to Sir Johnson who
gave him to W Langen Since Dead.
[6] Taken at his masters house by Capt John the Mohawk, with Waggon &
Horses which he got ready to convey his mistress to Schenectady.
[7] Sold by John Grant to Captn Alexander McDonell.
[8] Sold by Wm. Bowen his Former Master, to Captn John McDonell of
Col. Butlers Rangers.
[9] Came in with Sir John Johnson, and are now employed in Captn
Harkimers company of Batteau Men.
[Transcriber's Note: The following two tables were published as
one large, wide table. They have been split into two tables, with
the first column repeated, for clearer presentation in this
e-book.]
============+============== +=========+========+======================+
| Former |Property | Rebel | By Whom |
Names | Masters | of |Property| Brought In |
| |Loyalists| | |
------------+-------------- +---------+--------+----------------------+
Tance |Adam Fonda | | Rebel | |
Cato |Pruyne | | ditto | |
Jack |Major Fonda | | ditto | |
Jack | ditto | | ditto | |
William |Sir J. Johnson |Loyalist | |Rl. Rt., N. Y. |
Frank | ditto | ditto | | ditto |
Farry | ditto | ditto | | ditto |
Jack | ditto | ditto | | ditto |
Abraham | ditto | ditto | | ditto |
Tom[10] | ditto | ditto | | ditto |
Sam | ditto | ditto | | ditto |
Jacob a boy | ditto | ditto | | ditto |
Tanoe a boy | ditto | ditto | | ditto |
Phillis | ditto | ditto | | ditto |
Betty | ditto | ditto | | ditto |
Jade | ditto | ditto | | ditto |
Jane | ditto | ditto | | ditto |
Hager | ditto | ditto | | ditto |
Nicholas |Col. Claus | ditto | |Mohawk Rangers |
Tom | ditto | ditto | | ditto |
Peter | ditto | ditto | | ditto |
Maria | ditto | ditto | | ditto |
A Negro man name unknown[11] |
N. B. several others carried to Niagara by Indians and White Men[12] |
Chas. Grandison Col. Warner |
------------+--------------+---------+--------+-----------------------+
============+==================+========+=============================+
| | Price | |
Names | To Whom Sold | Sold | Where They Are |
| | For | at Present |
------------+------------------+--------+-----------------------------+
Tance | | |Coteau du Lac. |
Cato | | | ditto |
Jack | | | ditto |
Jack | | | ditto |
William | | |With his Master. |
Frank | | | ditto |
Farry | | | ditto |
Jack | | | ditto |
Abraham | | | ditto |
Tom[10] | | | ditto |
Sam | | | ditto |
Jacob a boy | | | ditto |
Tanoe a boy | | | ditto |
Phillis | | |With her master. |
Betty | | | ditto |
Jade | | | ditto |
Jane | | | ditto |
Hager | | | ditto |
Nicholas | | |With his master. |
Tom | | | ditto |
Peter | | | ditto |
Maria | | | ditto |
------------+------------------+--------+-----------------------------+
[10] Since dead--All these marks for Sir John Johnson Joyned him on
the Mohawk.
[11] Sold by a Soldier of the 8th Regt to Lieut Harkemer of the Corps
of Rangers, who sold him to Ensign Sutherland of the Rl Rt N. Y.
[12] Sent a Prisoner to Fort Chambly--The Indians still claim the
allowance promised them by ye Commandr in Chief.
JOHN JOHNSON,
Lieut Col Comm.
FOOTNOTES:
[1] See this Treaty which was concluded at Paris, February 10, 1763
"au Nom de la Tres Sainte & indivisible Trinite, Pere, Fils & Saint
Esprit"--Shortt & Doughty, _Constitutional Documents_, 1759-1791, pp.
73 sqq.
[2] What we now call Lake Nipissing.
[3] See the Proclamation, Shortt & Doughty, _Const. Docs._, pp. 119,
sqq.
[4] Per Hargrave, _arguendo_, Somerset _v._ Stewart (1772), Lofft 1,
at p. 4; the speech in the State Trials Report was never actually
delivered.
[5] (1772) Lofft, 12 Geo. III, 1; (1772) 20 St. Trials 1.
[6] These words are not in Lofft or in the State Trials, but will be
found in Campbell's _Lives of the Chief Justices_, Vol. II, p. 419,
where the words are added: "Every man who comes into England is
entitled to the protection of the English law, whatever oppression he
may heretofore have suffered and whatever may be the color of his
skin. _Quamvis ille niger, quamvis tu candidus esses_ and certainly
Vergil's verse was never used to a nobler purpose. Verg. E. 2, 19.
William Cowper in _The Task_, written 1783-1785, imitated this in his
well-known lines:
"Slaves cannot breathe in England; if their lungs
Receive our air, that moment they are free.
They touch our country and their shackles fall."
[7] I use the spelling in Lofft. The State Trials and Lord Campbell
have "Somersett" and "Steuart."
[8] This was in direct opposition to the opinion of Sir Philip Yorke,
Attorney General (afterwards Lord Chancellor Lord Hardwicke) and Sir
Charles Talbot, Solicitor General (afterwards Lord Chancellor Lord
Talbot) who had pledged themselves to the British planters for all the
legal consequences of Slaves coming over to England. The law of
Scotland agreed with that of England.
[9] See _e.g._, Vinogradoff, _Villeinage in England_, passim. Hallam's
_Middle Ages_ (ed. 1827), Vol. 3, p. 256; Pollock and Maitland,
_History of English Law_, Vol. 1, pp. 395, sqq. Holdsworth's _History
of English Law_, Vol. 2, pp. 33, 63, 131; Vol. 3, pp. 167, 377-393.
[10] See Pollock and Maitland's _History Eng. Law_, Vol. 1, pp. 1-13,
395, 415; Holdsworth's _Hist. Eng. Law_, Vol. 2, pp. 17, 27, 30-33,
131, 160, 216.
[11] "So spake the fiend and with necessity,
The tyrant's plea, excused his devilish deeds."
Paradise Lost, Bk. 4, ll. 393, 394.
Milton a true lover of freedom well knew the peril of an argument
based upon supposed necessity. Necessity is generally but another name
for greed or worse.
[12] For example, the Statute of (1732) 5 Geo. II, c. 7, enacted, sec.
4, "that from and after the said 29th September, 1732, the Houses,
Lands, Negroes and other Hereditaments and real Estates situate or
being within any of the said (British) Plantations (in America) shall
be liable" to be sold under execution. Note that the Negroes are
"Hereditaments and Real estate," as were the villeins--a rule wholly
different from that of the French law.
[13] His Commission is dated November 28, 1763, Shortt & Doughty,
_Constitutional Documents_, 1759-1761, pp. 126, sqq.
[14] _Canadian Archives, Murray Papers_, Vol. II, p. 15: the Quebec
Act mentioned immediately below is (1774) 14 George III, c. 83.
In 1774 the well known Quebec Act reintroduced the former French
Canadian law in civil matters while it retained the English law in
criminal matters; but the change made no difference in the condition
of the slave.
[15] The three which follow I owe to the interesting paper of Mr. E.
Z. Massicotte, Archivist of Montreal published in _Le Bulletin des
Recherches Historiques_ for November, 1918, pp. 348 sqq.--the
advertisement in the Gazette is to be found in Terrill's _Chronicles
of Montreal_. The paper was 2-1/2 Spanish dollars per annum, 10 sous
per copy, published every Wednesday.
[16] The "Upper Countries" were Detroit and Michilimackinae, sometimes
including the Niagara region--at this time there were practically no
residents in what became the Province of Upper Canada and is now the
Province of Ontario. The letter is to be found in the _Canadian
Archives_, B. 217, p. 21: as no further record appears, it is to be
presumed that an order was made for sale by the Sheriff.
The Report of James Monk Attorney-General at Quebec about to be
mentioned is to be found in the _Canadian Archives_, B. 207, p. 105.
[17] In the same year a much wronged Negro petitioned Haldimand. His
petition dated at Quebec, October 17, 1778, reads: "To His Excellency
Frederick
Haldimand, Governor & Commander in Chief of all Kanady and the
territories thereunto belonging,
The Petition of Joseph King humbly sheweth that Your Petitioner has
been twice taken by the Yankys and sold by them each time at Public
Vendue: he has made his escape and brought two white men through the
woods: he was a servant to Captain McCoy last winter in Montreal and
came here (Quebec) last spring. Your Petitioner has gone through many
Perils and Dangers of his life for making his escape from the Yankeys.
He hoaps that Your Excellency through the abundance of Your
Benevolence will grant him his liberty for which your poor Petitioner
as in Duty bound will ever pray." _Canadian Archives_, B. 217, p. 324.
[18] In the Petition referred to _post_, Mrs. La Force states that her
husband was "late of Virginia."
[19] I have followed the Powell MSS. in spelling, capitalization, etc.
[20] They were taken in an expedition nominally under Captain Bird but
he had little control over the Indians and had only a few men of his
own British Regulars. He had had bitter experience of the cruelty and
unreliability of the Indians in 1779 but had to go with them in 1780.
This was not one of the two large Forts which Bird took in his 1780
expedition, Fort Liberty and Martin's Station, but a smaller
fortification. It was taken June 26, 1780 (_Can. Arch._, B. 172, 480);
that there were several small forts is certain; that some of the
prisoners brought to Detroit were from the small forts and that they
(or some of them) were not rebels appears from the letter from De
Peyster of August 4, 1780 (_Canadian Archives_, B. 100, p. 441): "In a
former letter to the Commander in Chief," said he, "I observed that it
would be dangerous having so many Prisoners here but I then thought
those small Forts were occupied by a different set of people."
[21] The well-known so-called Renegade, is in reality a loyal subject
whose reputation pays the penalty of a losing cause. The others are
all well-known loyalists of Detroit.
Mrs. La Force's Petition to Haldimand is still extant. _Canadian
Archives_, B. 217, p. 116. Her name is included in the list of women
and children remaining at Montreal, the list being dated Quebec,
September 11, 1782, and she being given as of Virginia and taken June
26, 1780.
[22] The correspondence, &c., is in the _Canadian Archives_, B. 129,
p. 221, 225; B. 159, p. 152; B. 183, p. 284. A Negro taken "horse
hunting" by a party of Puttewatamies in the West is mentioned August
16, 1782, in B. 123, p. 290. He belonged to Epharaim Hart from whom he
deserted and was taken about 20 miles up Cross Creek. I copy from a
Manuscript of Powell's in my possession which I have compared with a
photostate copy of a manuscript in the _Canadian Archives_.
[23] The western part of Pennsylvania is meant. This region was
seething with conflicts on a small scale between the Loyalists and the
Republicans. The Indians for the most part took the side of the
former.
[24] In what is now the Province of Quebec.
[25] In 1780 Germain instructed Haldimand that "all prisoners from
revolted Provinces are committed as guilty of high treason not as
prisoners of war" (_Canadian Archives_, B. 59, p. 54) but a change
soon took place and after some intermediate stages, Shelburne, the
Home Secretary, in April, 1782, instructed Haldimand that all American
prisoners were to be held for exchange. _Canadian Archives_, B. 50, p.
164.
[26] By the Ordinance of March 29, 1777, 17 George III, c. 9, the
guinea was declared equivalent to L1.3.4, Quebec Currency: this would
make the price of the girl, $42.60. See note 30 post. It is to be
presumed that Powell was repaid. He nowhere complains that he was not
as he certainly would have done if he had cause to do so.
Negroes were frequently arriving in the colony and seeking aid and
subsistence. For example, we find Thomas Scott, J. P., reporting
Thursday, May 17, 1781: "The Bearer John Jacob a Negro man just
arrived from Montreal has applied to me for relief in his case as set
forth in the Annexed Paper. But as I apprehend that can only be given
him by His Excellency the Governor I respectfully recommend him to His
Excellency's notice." _Canadian Archives_, B. 100, p. 72.
[27] See _Canadian Archives_, B. 130, pp. 33, 34.
[28] It is more than doubtful that the prohibition of the sale of
white captives by the Indians would be productive of good. The natural
result would rather be that the Indians would kill their white
captives at once or torture them to death. At the best the prisoners
would in most cases, if adults become slaves and if young be adopted
into the tribe. There are numerous instances of white captives being
slain because unsaleable while the Negroes escaped death because they
found a ready market. See the story of Thomas Ridout, post, note 37.
The order of Haldimand will be found in the Canadian Archives.
[29] Remembering that Sarah Cole was bought by Campbell from the
Indians at Carleton Island (near Kingston) it seems likely that
Francis Cole was her brother or some other relation. That Adams says
nothing of Sarah is not at all strange.
The Mississagua Indians occupied a great part of the territory now the
Province of Ontario and were always loyal to the British Crown.
[30] In the "Return of Prisoners whoa have requested leave to remain
in the Province made at Quebec, November 3, 1782," appear the names of
"Mich. & Phoebe Roach to remain at Montreal to receive a child with
the Savages and a man at Carleton Island." These were white. The
Report of the Negroes follows. _Canadian Archives_, B. 163, p. 258.
[31] The York Shilling (or shilling in New York currency) was 12-1/2
cents, one eighth of a dollar.
[32] $5.00 for the rum; $3.00 for the Keggs.
[33] _Canadian Archives_, B. 216, pp. 14, sqq.
No proceedings seem to have been taken on this Petition and it is
probable that Mr. Adams had to stand the loss on Francis Cole the said
Yankee Boy as Campbell did on Sarah Cole of Pennsylvania.
Indians were not the only slavers. As soon as the Declaration of
Independence was promulgated, if not before, Boston began to fit out
privateers to prey on British trade. We read of four privateers
reported by Governor Montague as seen in the Straits of Belle Island
in 1776, two off Placentia in 1777 and in 1778 committing daily
depredations on the coast of Newfoundland. They harried the
unprotected fishermen and the farmers of Newfoundland and Labrador but
some at least of them went further. Those who had demanded political
freedom themselves denied even personal freedom to others. They seized
and carried away into slavery some of the unoffending natives, the
Eskimos, who were freemen and whose only crime was their helplessness.
One instance will suffice. The _Minerva_ privateer of Boston, Captain
John Grimes, Master, mounting 20 nine pounders and manned with 160 men
landed on Sandwich Bay, Labrador, at Captain George Cartwright's
station, took his brig, _The Countess of Effingham_, loaded her with
his fish and provisions and sent her off to Boston. Cartwright not
unnaturally said: "May the Devil go with them." "The _Minerva_ also
took away four Eskimo to be made slaves of." W. G. Gosling,
_Labrador_, Toronto, n. d., pp. 192, 244, 245, 333.
[34] See _Canadian Archives_, B. 61, p. 83, where he is called a
Negro. _Ibid._, B. 158, p. 261, where he is called a mulatto.
[35] _Canadian Archives_, B. 215, p. 236.
[36] The Definitive Treaty of Peace between the mother country and her
revolted colonies, now become the United States of America, was signed
at Paris, September 3, 1783, but it had been incubating for months
before that date.
[37] It may not be out of place to give some account of the capture by
Indians of Thomas Ridout, afterwards Surveyor General and Legislative
Councillor of Upper Canada. His story is given in his own words by his
granddaughter Lady Edgar in her interesting _Ten Years of Upper
Canada_.
Thomas Ridout, born in Dorsetshire, when twenty years of age came to
Georgia in 1774. After trading for a few years he left Annapolis,
Maryland, in 1787 for Kentucky with letters of introduction from
George Washington, Colonel Lee of Virginia and other gentlemen of
standing. Sailing with Mr. Purviance, his man James Black and two
other men towards the Falls of the Ohio, the party was taken by a band
of about twenty Indians. Ridout was claimed by an elderly man,
apparently a chief, who protected him from injury, but could not save
his hat, coat and waistcoat. Soon he saw tied two other young men who
had been taken that morning and set aside for death. Ridout was able
to secure their release. The Indians were Shawanese, Pottawatamies,
Ottawas and Cherokees. One prisoner, William Richardson Watson, said
to be an Englishman but who had lived for some years in the United
States, they robbed of 700 guineas and then burnt to death. Purviance,
they beat to death but Ridout was saved by the Indian who claimed him
as his own. A white man, Nash, about twenty-two who had been taken by
the Indians when a child and had become a chief, encouraged him and
told him that he would be taken to Detroit where he could ransom
himself. He was more than once within a hairsbreadth of death but at
length he was brought by his master, Kakinathucca, to his home. He was
a great hunter and went every year to Detroit with his furs for sale,
taking with him his wife Metsigemawa and a Negro slave. The chief had
a daughter Altewesa, about eighteen years of age "of a very agreeable
form and manners." She saved Ridout from death from the uplifted hand
of an Indian who had his hand over him ready to strike the fatal blow
with his tomahawk.
At the end of three weeks the whole village set off for the Wabash.
Arriving at the Wabash his papers were read by the interpreter, a
white man who had been taken prisoner several years before and held in
captivity. The Indians were assured that Ridout was an Englishman and
not an American and they consented that he might go with his master to
Detroit for ransom. The Indians were excessively enraged at the
Americans who they claimed were the cause of their misfortunes. The
preceding autumn the Americans had come to their village on the Scito
River from Kentucky and in times of profound peace and by surprise
destroyed their village and many of their people, their cattle, grain
and everything they could lay their hands on.
Ridout witnessed the torture and heard the dying shrieks of an
American prisoner Mitchell who had been captured with his father
Captain Mitchell on the Ohio. The father had been liberated but the
son given to a warrior who was determined to burn him.
After three or four days, Ridout's master collected his horses and
peltry and with his wife the Negro and Ridout set out for Detroit. On
the way there were met other Indians among whom was the noted Simon
Girty. A council was held at which the murderer of Mitchell claimed
Ridout as his but at length Kakinathucca prevailed and Ridout's life
was again spared. The murderer asserted that he was a spy but his
papers proved his innocence. The little party went on to Fort Miami
where several English and French gentlemen received Ridout with open
arms. Mr. Sharpe clothed him and a French gentlemen lent a canoe to
carry the party and furs 250 miles by water to Detroit. Reaching
Detroit, which, it should be remembered, remained in British hands
until August 1796, he was received with every attention and a bed was
provided for him at Government House. The officers furnished him with
money and gave him a passage to Montreal where he arrived about the
middle of July, 1788. Ridout settled in Upper Canada. In 1799,
Kakinathucca and three other Shawanese chiefs came to pay him a visit
at York, (Toronto), and were hospitably treated, the great and good
Kakinathucca receiving substantial testimony of the gratitude of the
man he had saved from a death of torture.
Ridout's memorandum of the fate of the other prisoners is terribly
significant: "Samuel Purviance, Killed; Barland, Killed; Wm. R.
Watson, burnt; James Black, beat to death; Symonds, burnt; Ferguson,
sold for corn; a negro woman unharmed."