The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
Some of the reports of judges who presided over criminal assizes,
moreover, contain references to slavery. Mr. Justice Powell tried a
Negro, Jack York, with a jury at Sandwich for burglary in 1800. He was
found guilty and in accordance with the law at that time, was
sentenced to death. Powell respited the prisoner that the pleasure of
the Lieutenant Governor might be known. The Lieutenant-Governor at
that time was General Peter Hunter a rigid disciplinarian. Hunter
wrote Powell that as York had been convicted of "the most atrocious
offence without any circumstances of doubt or alleviation" he was to
be hanged. When York was made aware of his fate, he promptly escaped
from the ramshackle gaol at Sandwich.
In the proceedings Captain McKee informed the judge that the main
witness had "been an Indian prisoner redeemed by his father and had
lived in his kitchen and he did not think her credit good." She was
one of Mr. James Girty's three Negroes and "known to be saucy."[40]
Another report nearly a score of years later may be of interest. It
can be best understood in its historical setting. During the war of
1812, as soon as the American invasion of Canada began, prices of all
commodities began to soar.[41] There was a great demand for beef for
the troops regular and militia and the commissariat was not too
scrupulously particular to inquire the source whence it might come.
The result was that a crime which had been almost unknown suddenly
increased to alarmingly large proportions. Cattle roaming in the woods
were killed and the meat sold to the army. Prosecutions were
instituted in many cases. It was found that the perpetrators were
generally, but by no means always, landless men, not infrequently
refugee slaves, who had come to the province from the United States.
The offence was punishable with death:[42] and convictions were not
hard to obtain. But the punishment of death was not in practice
actually inflicted.
Whatever the cause, the crime continued until normal conditions were
reestablished when it became as rare as it had been before the war. At
the Fall Assizes, 1819, at York before Mr. Justice Campbell and a
jury, a man of color, Philip Turner, was convicted of stealing and
killing a heifer and sentenced to death: Mr. Justice Powell who had
been in the Commission of Oyer and Terminer with Campbell reported to
the Lieutenant-Governor[43] that there had as yet been no execution
for this offence in the province and recommended that the sentence
should be committed to banishment for life from His Majesty's
dominions.[44] Tradition has it that Turner was a refugee from the
United States and begged to be hanged rather than sent back where he
would be again enslaved.[45]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account