The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
The passengers of the Underground Railroad had but one real refuge,
one region alone within whose bounds they could know they were
safe from reënslavement; that region was Canada. The position of
Canada on the slavery question was peculiar, for the imperial act
abolishing slavery throughout the colonies of England was not
passed until 1833; and, legally, if not actually, slavery existed
in Canada until that year. The importation of slaves into this
northern country had been tolerated by the French, and later, under
an act passed in 1790, had been encouraged by the English. It is a
singular fact that while this measure was in force slaves escaped
from their Canadian masters to the United States, where they found
freedom.[551] Before the separation of the Upper and Lower Provinces
in 1791, slavery had spread westward into Upper Canada, and a few
hundred negroes and some Pawnee Indians were to be found in bondage
through the small scattered settlements of the Niagara, Home and
Western districts.
[551] "A case of this kind," says Dr. S. G. Howe, "was related
to us by Mrs. Amy Martin. She says: "My father's name was James
Ford.... He ... would be over one hundred years old, if he were
now living.... He was held here (in Canada) by the Indians as a
slave, and sold, I think he said, to a British officer, who was a
very cruel master, and he escaped from him, and came to Ohio, ...
to Cleveland, I believe, first, and made his way from there to
Erie (Pa.), where he settled.... When we were in Erie, we moved a
little way out of the village, and our house was ... a station of
the U. G. R. R." _The Refugees from Slavery in Canada West_, by
S. G. Howe, 1864, pp. 8, 9.
The Province of Upper Canada took the initiative in the restriction
of slavery. In the year 1793, in which Congress provided for the
rendition by the Northern states of fugitives from labor, the
first parliament of Upper Canada enacted a law against the
importation of slaves, and incorporated in it a clause to the
effect that children of slaves then held were to become free at
the age of twenty-five years.[552] Nevertheless, judicial rather
than legislative action terminated slavery in Lower Canada, for a
series of three fugitive slave cases occurred between the first
day of February, 1798, and the last day of February, 1800. The
third of these suits, known as the Robin case, was tried before the
full Court of King's Bench, and the court ordered the discharge
of the fugitive from his confinement. Perhaps the correctness of
the decisions rendered in these cases may be questioned; but it is
noteworthy that the provincial legislature would not cross them, and
it may therefore be asserted that slavery really ceased in Lower
Canada after the decision of the Robin case, February 18, 1800.[553]
[552] Act of 30th Geo. III.
[553] See the article entitled "Slavery in Canada," by J. C.
Hamilton, LL.B., in the _Magazine of American History_, Vol. XXV,
pp. 233-236.
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