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THE COURTS AND SLAVERY.   103

greatly increased in number. In that state slavery died later, and in a large measure from the influence of an uncongenial climate. The effect of environment on Chief-justice Ludlow was recognized by his fellow chief-justice in Nova Scotia when the latter wrote to Ward Chipman : ra It is not improbable that in New York the principles of the Common Law were contaminated by the more arbitrary notions of the Dutch".

In February, 'Soo, the question of the legality of slaver- in New Brunswick came before the full bench of judges at Fredericton. The question came up on the return to a writ of habeas corpus. issued by Judge Allen to Caleb Jones, Esq., directing him to bring into court Nancy, a colored woman in his possession, whom he claimed the right to hold as a slave. The counsel engaged on both sides included the ablest men in the province. For the master were Jonathan Bliss—attorney-general for the province—Thomas \Cetmore, John Murray Bliss, Charles J. Peters and William Botsford ; while Ward Chipman and Samuel Denny Street were counsel for the slave, as " volunteers", to use Chipman's words, " for the rights of humanity".' Each member of the counsel addressed the court. Jonathan Bliss's speech being divided into thirty-two heads, and Ward Chipman's covering

 

 

1 Daniel Bliss, a loyalist from Concord, Naas., and father of John ]Iumv Bliss—one of the counsel for the master—was the author of the elegant and widely-copied epitaph found on a stone in the old '• Hill Burying-ground" in Concord, ]lass.: •' God wills us free : man wills us slaves. I will as God wills; God's will be done. Here lies the body of John Jack, a native of Africa, who died 3fareh, 1m, aged about 6o years. Though born in a land of slavery he was born free. Though he lived in a land of liberty, he lived a slave, till by his honest (though stolen) labours he acquired the cause of slavery which gave him his freedom, though not long before Death—the grand tyrant—gave him his final emancipation and put him on a footing with kings. Though a slave to vii he practised those virtues without which kings are but slaves". John Jack, a slave to Benjamin Barren, of Concord. must have saved one hundred and twenty pounds, which was the price of his freedom. Daniel Bliss, after his exile a prominent man in New Brunswick. died at Lincoln, near Fredericton, in ,8o6. The late Lemuel .;Ilan Wilmot, judge of the supreme court and governor of New Brunswick, was a grandson of Daniel Bliss.


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