THE COURTS AND SLAVERY. 105
In reference to the issue of this exciting trial the St. John Gazette, of Tuesday, February iz, 1800, reports that " the question of slavery upon general principles was discussed at great length by the counsel on both sides, and we understand the court were divided in their opinions, the Chief justice and Judge Upham being of opinion that by the existing law of this province Negroes may be held as slaves here, and Judge Allen and Judge Saunders being of opinion that the law upon that subject is the same here as in England, and therefore that slavery is not recognized by the laws of this province. The court being thus divided, no judgment was entered", and the Negro woman, Nancy Morton, having failed in obtaining her liberty, was conveyed by Mr. Agnew to William Bailey, from whom he had purchased her and to whom she bound herself for a fifteen vears'service. Immediately after the close of the trial Ward Chipman reported to Chief-justice Blowers an intention to commence an action for false imprisonment against Captain Jones, and in that way to test his right, but such intention must have been abandoned.
Eighteen months later—at the September term of the supreme court, 18or—an important case was tried in Nova Scotia. A slave named Jack had run away from James DeLancey, Esq., near Annapolis, and after brief service with John Umlach, at St. Margaret's Bay, had gone to Halifax, where he found employment on wages with William \Goodin. Having learned this fact. Colonel DeLancey directed his attorney. Thomas Ritchie, Esq., to inform Mr. Woodin that the man in his employ belonged to Mr. DeLancey, who demanded his wages, and in the event of non-payment of these and detention of the slave
t Two at least of these assistant judges were, or had been, slave-holders. Judge Allen had brought several slaves with him to Nova Scotia: Luke, a slave of Judge Upham, was tried in St. John in September, 170, and executed, for the murder of a girl. See Lawrence's •' Footprints, p. 58.