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Ito   NOVA SCOTIA HISTORICAL SOCIETY.

of trover was the proper form of action ". The same gentleman also gave special emphasis to a fact stated by Mr. Aplin, which must have presented itself to the minds of readers of this paper while glancing at the numerous extracts from probate records, that " Negroes, even in this province, have always been allowed to pass by will, as personal estate. They have always found their way into inventories, both of testate and intestate persons. They have constantly been made the subjects of distribution, under our Provincial law, as part of the intestate's personal estate. They have uniformly been sold here under execution ; and add to all this, they are and always have been sold, in the common course of traffic, as other chattel interests are or were sold, and warranted by the bill of sale to be the property of the seller".

At the September term of the supreme court at Annapolis in 1803, William Woodin was summoned to appear to answer to James DeLancey on a plea of trespass in this case, damages being laid at five hundred pounds. Papers preserved in the office of the prothonotary in Halifax prove the production of sufficient evidence that " Jack" was the son of slaves in the possession of James DeLancey's father in New York, and that upon the division of the estate at the death of the father he had fallen to the share of the plaintiff, in whose possession as "slave and servant" he had been both in the revolted colonies and in Nova Scotia ; but these documents furnish no information respecting the issue of the trial. It seems clear, however, that Colonel DeLancey failed to regain possession of the slave. On May 2 of the following year—I 804—that stern, uncompromising Loyalist, whose activity as leader of his troop of light horse in behalf of royal interests had obtained from the Whigs the title of the " Commander of the Cow-boys", and later of the " Outlaw of the Bronx", and whose declining health had obliged him in 'Soo to resign


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