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THE COURTS AND SLAVERY.   Itt

his seat in the Council of Nova Scotia, passed away from earth at his farm near Round Hill, Annapolis. In the inventory of his personal estate, duly recorded, the man

Jack", whose absence had proved one of the worries of his later months, finds no place among the several Negroes there enumerated.

In speaking of slavery in the Maritime Provinces, the few who have recognized its existence as an historical fact have assumed that during some one or other of the first years of the century it became illegal through some special decision of the courts. In Nova Scotia a distinct condemnatory judgment was passed, according to the late John George Marshall, who in 1823 was appointed chief justice of the common pleas for Cape Breton. Judge Marshall has stated—naming no year—that a slave suddenly left the service of his master in Shelburne and came to Halifax. The master followed him and was about to take him back to Shelburne, when application was made on the slave's behalf to Mr.. afterwards Judge, Wilkins, who obtained a writ of habeas corpus, under which both master and slave were taken before Chief-justice Blowers. When the case itself, and the question of slavery in general, had been pretty fully argued by counsel on each side, Chief-justice Blowers,—to use Judge Marshall's own words—" legally and righteously decided that this province was not debased with that cruel and abominable slave system which John Wesley appropriately characterized as the • sum of all villainies' ". On the other hand Judge Thomas C. Haliburton, in his „ Ilistor• of Nova Scotia, published in 1829, only five years before the general emancipation, says that this question had then in Nova Scotia •• never received a judicial decision".t

No such decision was at any time given, as far as is known, in New Brunswick. In the Royal Casette and

1 ' History of Nova Scotia", vol. 2, p. 280.


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