The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
The last, the seventeenth, is the most pleasant of all to record.
John Young appeared, June 8, 1797, before Charles Stewart and A.
Dumas, Notaries Public, in the former's office with the lad Rubin, and
declared that he bought him from Mr. Dennis Dayly, August 15, 1795.
He, as an encouragement to honesty and assiduity in Rubin, declared
in the presence of the Notary, Charles Stewart, that if Rubin would
faithfully serve him for seven years, he would give him his full
and free liberty, and in the meantime would maintain and clothe him
suitably and give him two and sixpence a month pocket money, but if
he got drunk or absented himself from his service or neglected his
master's business, he would forfeit all right to freedom. This was
explained to Rubin, "who accepted with gratitude the generous offer."
All parties, including the Notaries, signed the act, Rubin Young
by his mark, so that the slave by good conduct and refraining from
drunkenness would achieve his freedom, June 8, 1804.
I have discovered certain Court proceedings copied in the Canadian
Archives at Ottawa,[22] which have not been made public in any way and
which are of great interest in this connection. A short historical
note will enable my readers to understand the proceedings more clearly.
After the Conquest of Canada, 1759-60, for a few years the country
was under military rule. The three Districts of French times, Quebec,
Montreal, and Three Rivers, were retained, each with its Governor or
Lieutenant Governor. To administer justice, the officers of militia
in each Parish, generally speaking, were constituted courts of first
instance with an appeal to a council of the superior officers in the
British Army in the city, this court having also original jurisdiction.
On July 20, 1762, a council sat, as of original jurisdiction, composed
of Lieut. Col. Beckwith, Captains Falconer, Suby, Dunbar and Osbourne,
to hear the plea of a poor Negro called André against a prominent
merchant of Montreal, Gershon Levy. The proceedings, recorded in
French, are somewhat hard to decipher after a hundred and sixty years
have elapsed but well repay the labor of examination.
André asked to be accorded his liberty, claiming that Levy had bought
him of one Best, but that Best had the right to his services for only
four years which had now expired. Levy appeared and claimed that André
could not prove his allegation, but that he (Levy) had bought him from
Best in good faith and without any knowledge of the alleged limitation
of the right to his services. Of course, Best could sell only the
right he had and it became a simple question of fact. The court heard
the parties, ordered André to remain with his alleged master until he
had proved by witnesses or by certificate that he "had been bound to
the said Best for four years only, after the expiry of which time he
was to have his liberty."
Public-domain text, read in full here on John Shaqi.
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