The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
The decision proceeded on the ground that the Act of 1797 which
repealed the provision for the sale of Negroes to answer a judgment
had revoked all the laws concerning slavery. Remembering that the Act
of 1732 was intended to change the common law of England which did not
allow the sale of land under a writ of execution, fieri facias, it
should probably be considered that the sole effect of the repeal of
the act as regards Negroes was to exempt them from sale under fieri
facias, without affecting their status. And it is well known that
slavery continued in the West India Islands and in Upper Canada long
after the Act of 1797.
The effect of the decisions while not technically abolishing slavery
rendered it innocuous. The slave could not be compelled to serve
longer than he would, and the burden of slavery was rather on the
master who must support his slave than on the slave who might leave
his master at will. The legislature refusing to interfere, the law of
slavery continued in this state until the year 1833 when the Imperial
Parliament passed the celebrated act which forever abolished slavery
in British Colonies from and after August 1, 1834.[19]
As Lower Canada passed no legislation on slavery, the extradition of
fugitives was made impossible and Canada became therefore an asylum
for the oppressed in the United States. Before the Act of 1833 there
was one instance of a request from the Secretary of State of the
United States for the delivery up of a slave. The matter was referred
to the Executive Council by Sir James Kempt, the Administrator of the
Government.[20] The report of the Executive Council shows the view
held that "the Law of Canada does not admit a slave to be a subject of
property."
At a meeting of the Executive Council of the Province of Lower Canada
held at the Council Chamber in the Castle of St. Lewis, on Thursday,
June 18, 1829, under Sir James Kempt, the Administrator of the
Government, the following proceedings were had:
"Report of a Committee of the whole Council Present The Honble.
the Chief Justice in the Chair, Mr. Smith, Mr. DeLery, Mr.
Stewart, and Mr. Cochran on Your Excellency's reference of a
letter from the American Secretary of State requesting that Paul
Vallard accused of having stolen a Mulatto Slave from the State
of Illinois may be delivered up to the Government of the United
States of America together with the Slave.
"May it please Your Excellency,
"The Committee have proceeded to the consideration of the subject
matter of this reference with every wish and disposition to aid
the Officers of the Government of the United States of America in
the execution of the laws of that dominion and they regret
therefore the more that the present application cannot in their
opinion be acceded to.
Public-domain text, read in full here on John Shaqi.
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