The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
When the fugitive slave reached the soil of Upper Canada he became and
was free with all the rights and privileges of any other freeman: but
sometimes the former condition of servitude had unhappy results. One
case will suffice. John Harris was a slave in Virginia. He rented a
house in Richmond and lived in it with his wife Sarah Holloway. Harris
was a painter and gave the greater part of his earnings to his master.
The wife earned money by washing and gave to her mistress part of her
scanty earnings. The wife's second name was that of her master Major
Halloway in whose house she had been married in 1825 to Harris by the
Reverend Richard Vaughan, a Baptist minister, a free man. The couple
had three children.
In 1833 Harris effected his escape to Upper Canada and came to Toronto
(then York) in the spring of 1834 under the name of George Johnstone.
In 1847 he obtained from John Beverley Robinson, Chief Justice of
Upper Canada a deed of three acres of land part of Lot 12 in the First
Concession from the bay east of the river Don in the Township of York.
He died without a will in February, 1851. The deserted wife after his
escape married a man by the name of Brown. She continued a slave
until the fall of Richmond and died in 1869 or 1870.[46]
About that time the eldest son came to Canada, and he brought an
action as the heir-at-law against one Cooper, the person in
possession. All the facts were clear and the only difficulty in the
way was as to the validity of the marriage of the Negro. Chief Justice
William Buell Richards, of the Court of Queen's Bench tried the case
at the Fall Assizes, 1870, at Toronto. Evidence was given by a
Virginia lawyer and judge[47] that there was no law in Virginia either
authorizing or forbidding the marriage of slaves because "slaves were
property and not persons for marital purposes.... In short, by the law
of Virginia, slaves were but property, treated as property
exclusively, except where by special Statute they were made persons."
On this evidence, therefore, the Chief Justice dismissed the action.
The plaintiff appealed to the full Court of Queen's Bench urging that
the slaves had done all they could to make their marriage legal. In
vain, they were not British subjects and the rules of international
law were too rigid to allow of the court holding the marriage legal.
Mr. Justice Wilson in giving the judgment of the Court said:[48]
Public-domain text, read in full here on John Shaqi.
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