The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
The most celebrated of these decisions was in the case of Robin,
_alias_ Robert, a black. James Fraser, a Loyalist of the colony of New
York, became the owner of Robin a Negro man in 1773, before the
American Revolution. The colonies were successful and provisional
articles of peace were signed November 30, 1782. Congress proclaimed
them April 11, 1783 and it was almost inevitable that they would
become a permanent and definitive treaty. Article VII provided for the
speedy evacuation by the British forces of territory to be allotted to
the United States of America "without carrying away any negroes or
other property of the American inhabitants." There was allowed full
time for everyone who desired to live under the British flag to leave
New York. James Fraser made up his mind to go to Nova Scotia and
obtained a pass from William Walton, the Magistrate of Police of the
city, for his slave Robin and another, Lydia, September 23, 1783.[15]
Fraser went to Shelborne, Nova Scotia, and the following year in
September he went to "the Island of St. John,"[16] accompanied by
Robin who was and acknowledged himself to be Fraser's property.
Afterwards Fraser brought him to the Current of Saint Mary near the
city of Montreal where Fraser became a farmer. Robin, infected with
the pernicious doctrines of freedom then rather prevalent left Fraser,
March 19, 1799, and went to live with Richard, a tavern keeper in
Montreal. Fraser laid an Information before Charles Blake, a justice
of the peace, and January 31, 1800, Charles Blake, Robert Jones and
James Dunlop, justices of the peace of the District of Montreal
committed Robin to the "Common Gaol and House of Correction at
Montreal" with a warrant to Jacob Kuhn "Keeper of His Majesty's Jail
and House of Correction" to receive "a negroman named Robert who
refuses to go home to his owner and him safely to keep till he may be
discharged or otherwise dealt with according to law."
In the February Term 1800 of the Court of King's Bench for the
District of Montreal[17] Mr. A. Perry, his advocate, obtained a writ
of habeas corpus and on the tenth of February the black was produced
in court. Mr. Perry for the black and Mr. Kerr for James Fraser
presented their arguments upon this day and on the thirteenth of
February, and after consideration and consultation the court five days
later ordered the discharge of Robin alias Robert from his confinement
under the warrant.[18]
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