The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
In the year 1793, there came up in the Court of Appeal at Quebec a
case involving slavery but nothing was really decided. The plaintiff
Jacob Smith sued Peter McFarlane in the Court of Common Pleas for
taking away his wife and her clothes and detaining them. McFarlane
claimed that Smith's wife was his slave. The Court of Common Pleas
gave the plaintiff judgment for L100 and McFarlane appealed to the
Court of Appeal. The Court pointed out that it was for McFarlane to
prove that Smith's wife was his slave and that he had not done so: but
as there had been error in the proceedings the case was sent back to
be retried. It is important to notice that the court considered that
if McFarlane could prove that Smith's wife was his slave, he had the
right to take her away.[5]
A lawsuit also arose over the Negro Manuel (Allen) sold August 25,
1797, to Thomas John Sullivan. When Blaney sold him for L36 Sullivan
paid down only half and the balance with interest L30.15.2 was sued
for in the Court of King's Bench at Montreal in 1798. Sullivan pleaded
that Manuel was not the plaintiff's slave but a free Negro and that
he had run away March, 1798, at Montreal where he continued to be: and
Sullivan claimed to be reimbursed the L18 which he had paid. On the
sixth of October Manuel himself came into the suit and claimed that
"by the laws of this land he is not a slave but a freeman." Evidence
was given that he had absconded from Sullivan's service alleging as a
reason that he was a freeman, "that other blacks were free and that he
wanted to be free also." In February, 1799, the court held that no
title or right to sell Manuel has been shown and dismissed the action
directing the return of the L18.[6]
Public-domain text, read in full here on John Shaqi.
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