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THE COURTS AND SLAVERY.   97

it, and the slave-owners had to bow finally to the decisions of the courts.

No precise date for the extinction of slavery in Lower Canada can be given. Several writers on that province. apparently following each other, trace it back to an adverse decision by Chief-justice Osgoode in 18o3, but these are manifestly in error. That gentleman, who had been removed from Upper Canada to Lower Canada, returned to England, according to the " Report on Canadian archives for 1892", during the summer of 18o1, and there resigned his office early in 1802. James Monk, who had discharged his duties and applied to be appointed his successor, remained chief justice of Montreal, while Elmsley, previously of Upper Canada, succeeded Osgoode as chief justice of the lower province. The decision is said to have been rendered at Montreal ; it is altogether probable, therefore, that reference is intended to the judgment given at that place about 1799 by Chief-justice Monk, whose opposition to slavery may have been partially due to his associations with certain other judges.

In the Maritime Provinces the action of the higher courts was equally interesting and important. The Hon. Thomas Andrew Strange, chief-justice of Nova Scotia for the five years ending in 1797, when he was made a baronet and appointed to a more responsible position in Bombay, had been throwing the whole weight of a powerful influence in favor of freedom to the slave.' His successor, Sampson Salter Blowers, he seems to have impressed with his own views ; and it is not improbable

' One hundred pounds were given by Chief justice Strange to protidea Library room at King's College. Windsor. ills law library, presented by him to the province, became the nucleus of the present library of the bar at Halifax. In isoo the Nova Scotia House of Assembly made a grant of £172. Cs o., to defray the expense of a portrait of him, to "presen-e the memory of an upright judge and an honest man". "Murdoch's History", Vol. . This portrait, which adorns the legislative Council chamber, was painted by Benjamin West.


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