The Journal of Negro History, Volume 5, 1920

407

The western part of Pennsylvania is meant. This region was seething with conflicts on a small scale between the Loyalists and the Republicans. The Indians for the most part took the side of the former.

408

In what is now the Province of Quebec.

409

In 1780 Germain instructed Haldimand that "all prisoners from revolted Provinces are committed as guilty of high treason not as prisoners of war" (Canadian Archives, B. 59, p. 54) but a change soon took place and after some intermediate stages, Shelburne, the Home Secretary, in April, 1782, instructed Haldimand that all American prisoners were to be held for exchange. Canadian Archives, B. 50, p. 164.

410

By the Ordinance of March 29, 1777, 17 George III, c. 9, the guinea was declared equivalent to £1.3.4, Quebec Currency: this would make the price of the girl, $42.60. See note 30 post. It is to be presumed that Powell was repaid. He nowhere complains that he was not as he certainly would have done if he had cause to do so.

Negroes were frequently arriving in the colony and seeking aid and subsistence. For example, we find Thomas Scott, J. P., reporting Thursday, May 17, 1781: "The Bearer John Jacob a Negro man just arrived from Montreal has applied to me for relief in his case as set forth in the Annexed Paper. But as I apprehend that can only be given him by His Excellency the Governor I respectfully recommend him to His Excellency's notice." Canadian Archives, B. 100, p. 72.

411

See Canadian Archives, B. 130, pp. 33, 34.

412

See Canadian Archives, B. 130, pp. 33, 34.

413

It is more than doubtful that the prohibition of the sale of white captives by the Indians would be productive of good. The natural result would rather be that the Indians would kill their white captives at once or torture them to death. At the best the prisoners would in most cases, if adults become slaves and if young be adopted into the tribe. There are numerous instances of white captives being slain because unsaleable while the Negroes escaped death because they found a ready market. See the story of Thomas Ridout, post, note 37. The order of Haldimand will be found in the Canadian Archives.

414

Remembering that Sarah Cole was bought by Campbell from the Indians at Carleton Island (near Kingston) it seems likely that Francis Cole was her brother or some other relation. That Adams says nothing of Sarah is not at all strange.

The Mississagua Indians occupied a great part of the territory now the Province of Ontario and were always loyal to the British Crown.

415

In the "Return of Prisoners whoa have requested leave to remain in the Province made at Quebec, November 3, 1782," appear the names of "Mich. & Phoebe Roach to remain at Montreal to receive a child with the Savages and a man at Carleton Island." These were white. The Report of the Negroes follows. Canadian Archives, B. 163, p. 258.

416

The York Shilling (or shilling in New York currency) was 12½ cents, one eighth of a dollar.

417

$5.00 for the rum; $3.00 for the Keggs.

418

Canadian Archives, B. 216, pp. 14, sqq.

No proceedings seem to have been taken on this Petition and it is probable that Mr. Adams had to stand the loss on Francis Cole the said Yankee Boy as Campbell did on Sarah Cole of Pennsylvania.

Indians were not the only slavers. As soon as the Declaration of Independence was promulgated, if not before, Boston began to fit out privateers to prey on British trade. We read of four privateers reported by Governor Montague as seen in the Straits of Belle Island in 1776, two off Placentia in 1777 and in 1778 committing daily depredations on the coast of Newfoundland. They harried the unprotected fishermen and the farmers of Newfoundland and Labrador but some at least of them went further. Those who had demanded political freedom themselves denied even personal freedom to others. They seized and carried away into slavery some of the unoffending natives, the Eskimos, who were freemen and whose only crime was their helplessness. One instance will suffice. The Minerva privateer of Boston, Captain John Grimes, Master, mounting 20 nine pounders and manned with 160 men landed on Sandwich Bay, Labrador, at Captain George Cartwright's station, took his brig, The Countess of Effingham, loaded her with his fish and provisions and sent her off to Boston. Cartwright not unnaturally said: "May the Devil go with them." "The Minerva also took away four Eskimo to be made slaves of." W. G. Gosling, Labrador, Toronto, n. d., pp. 192, 244, 245, 333.

419

See Canadian Archives, B. 61, p. 83, where he is called a Negro. Ibid., B. 158, p. 261, where he is called a mulatto.

420

Canadian Archives, B. 215, p. 236.

421

The Definitive Treaty of Peace between the mother country and her revolted colonies, now become the United States of America, was signed at Paris, September 3, 1783, but it had been incubating for months before that date.

422

It may not be out of place to give some account of the capture by Indians of Thomas Ridout, afterwards Surveyor General and Legislative Councillor of Upper Canada. His story is given in his own words by his granddaughter Lady Edgar in her interesting Ten Years of Upper Canada.

Thomas Ridout, born in Dorsetshire, when twenty years of age came to Georgia in 1774. After trading for a few years he left Annapolis, Maryland, in 1787 for Kentucky with letters of introduction from George Washington, Colonel Lee of Virginia and other gentlemen of standing. Sailing with Mr. Purviance, his man James Black and two other men towards the Falls of the Ohio, the party was taken by a band of about twenty Indians. Ridout was claimed by an elderly man, apparently a chief, who protected him from injury, but could not save his hat, coat and waistcoat. Soon he saw tied two other young men who had been taken that morning and set aside for death. Ridout was able to secure their release. The Indians were Shawanese, Pottawatamies, Ottawas and Cherokees. One prisoner, William Richardson Watson, said to be an Englishman but who had lived for some years in the United States, they robbed of 700 guineas and then burnt to death. Purviance, they beat to death but Ridout was saved by the Indian who claimed him as his own. A white man, Nash, about twenty-two who had been taken by the Indians when a child and had become a chief, encouraged him and told him that he would be taken to Detroit where he could ransom himself. He was more than once within a hairsbreadth of death but at length he was brought by his master, Kakinathucca, to his home. He was a great hunter and went every year to Detroit with his furs for sale, taking with him his wife Metsigemawa and a Negro slave. The chief had a daughter Altewesa, about eighteen years of age "of a very agreeable form and manners." She saved Ridout from death from the uplifted hand of an Indian who had his hand over him ready to strike the fatal blow with his tomahawk.

At the end of three weeks the whole village set off for the Wabash. Arriving at the Wabash his papers were read by the interpreter, a white man who had been taken prisoner several years before and held in captivity. The Indians were assured that Ridout was an Englishman and not an American and they consented that he might go with his master to Detroit for ransom. The Indians were excessively enraged at the Americans who they claimed were the cause of their misfortunes. The preceding autumn the Americans had come to their village on the Scito River from Kentucky and in times of profound peace and by surprise destroyed their village and many of their people, their cattle, grain and everything they could lay their hands on.

Ridout witnessed the torture and heard the dying shrieks of an American prisoner Mitchell who had been captured with his father Captain Mitchell on the Ohio. The father had been liberated but the son given to a warrior who was determined to burn him.

After three or four days, Ridout's master collected his horses and peltry and with his wife the Negro and Ridout set out for Detroit. On the way there were met other Indians among whom was the noted Simon Girty. A council was held at which the murderer of Mitchell claimed Ridout as his but at length Kakinathucca prevailed and Ridout's life was again spared. The murderer asserted that he was a spy but his papers proved his innocence. The little party went on to Fort Miami where several English and French gentlemen received Ridout with open arms. Mr. Sharpe clothed him and a French gentlemen lent a canoe to carry the party and furs 250 miles by water to Detroit. Reaching Detroit, which, it should be remembered, remained in British hands until August 1796, he was received with every attention and a bed was provided for him at Government House. The officers furnished him with money and gave him a passage to Montreal where he arrived about the middle of July, 1788. Ridout settled in Upper Canada. In 1799, Kakinathucca and three other Shawanese chiefs came to pay him a visit at York, (Toronto), and were hospitably treated, the great and good Kakinathucca receiving substantial testimony of the gratitude of the man he had saved from a death of torture.

Ridout's memorandum of the fate of the other prisoners is terribly significant: "Samuel Purviance, Killed; Barland, Killed; Wm. R. Watson, burnt; James Black, beat to death; Symonds, burnt; Ferguson, sold for corn; a negro woman unharmed."

423

Canadian Archives, B. 163, p. 258: ibid., B. 163, p. 324.

424

Ibid., B. 163, p. 258.

425

As Britain kept possession of Detroit until 1796, many United Empire Loyalists settled on the west side of the river at that point. A few remained on the east side of the Niagara River as Fort Niagara was held in the same way.

426

Canadian Archives, B. 168, pp. 44, 47, 48, 51, 55, 61, 63, 67, 68, 71, 77, September, 1784. See also B. 168, pp. 81, 88, 92, 95, 99, 100, 101, 102. These may be found in the Report for 1891 of the Canadian Archives Department, pp. 5-20.

427

Ibid., B. 169, p. 1. There is a column for "Male Slaves" and one for "Female Slaves." Thomas McMicken has the proud monopoly, he had one male slave. The other fifteen householders had none. But then he had 20 hogs to look after and no one else had more than 14; most many fewer.

428

Canadian Archives, B. 225, 2. p. 406. Massicotte B. R. H. ut supra.

429

Lafontaine ut supra, pp. 21, 22.

430

In a letter from Henry Hope, Lieutenant-Governor dated Quebec, November 6, 1786, to Captain Enys, 29th Reg't., we read:

"I am by desire of His Excellency the Commander in Chief (Lord Dorchester) to require that no negro slaves shall be permitted on any account to pass into this Province by the Post under your command."

431

Lafontaine ut supra, pp. 22, 23, 24, 44, 45, 46. Le Monde Illustré December 9, 1893. Massicotte, Bulletin des Recherches Historiques for November, 1918, pp. 348 sqq.

432

Lafontaine ut supra, p. 43. The advertisements spoken of are on p. 21.

433

Can. Arch., B. 217, p. 397. What if anything was done on the petition does not appear.

434

(1790) 30 George III, c. 27.

435

The division of the Province of Quebec into two provinces, that is, Upper Canada and Lower Canada, was effected by the royal prerogative, Sec. 31, George III, c. 31, the celebrated Constitutional Act of Canada. Technically and in law, the new province was formed by Order in Council, August 24, 1791, but there was no change in administration until December 26, 1791.

436

These I owe to the kindness of the officers of the Canadian Archives Department of Ottawa.

437

Under the Canada Act of 1791, the provinces had each a parliament or legislature, an upper house, the Legislative Council, of nominated members, not fewer than seven in Upper and not fewer than fifteen in Lower Canada, and a lower house, the House of Assembly, sometimes called the House of Commons elected by the people, not fewer than sixteen in Upper and not fewer than fifty in Lower Canada.

438

In the sister province a bill to the same effect was more fortunate in the same year a little later. This will be considered in the next chapter.

439

In a work of some authority, Bibaud's Pantheon Canadien, page 211, it is said that "Joseph Papineau, Notary Public, Member of the Legislature Assembly for Upper Quebec presented about 1797 a petition of the citizens of Montreal for the abolition of slavery." If that be the case there was nothing done on the petition, but it seems probable that the author refers to the petition of 1799 spoken of later in the Text.

440

From Massicotte ut supra in Le Bulletin des Recherches Historiques, Vol. II, p. 136, it is said: "Une annonce publiée dans la Gazette de Quèbec vers: cette époque (i.e., 1797) represente un nègre courant à toutes jambes. 'Il est offert une recompense honnête a qui remenera a son maître marchand de Trois Rivières son esclave fugitif' Ce pauvre diable pensait sans doute que la loi qu'on proposait pourrait pas d'effet retroactif."

441

Lafontaine ut supra, pp. 49-51.

442

Lafontaine ut supra, pp. 52 & 56.

443

For the Act of 1732 (5 George II, c. 7). The repealing Act was (1797) 37 George III, c. 119 (Imp.).

444

The Statute of 1562, 5 Elizabeth, c. 4, not repealed until 1814, 54 George III, c. 96 (Imp.).

445

See ante, p. 304.

446

Ibid., p. 305.

447

Ibid., p. 310.

448

"Ou qu'une loi puisse être passée déclarant qu'il n'y a point d'esclavage dans la Province; ou telle autre provision concernant les esclaves que cette Chambre, dans sa sagesse, jugera convenable." The Act of 1799 providing for houses of correction (really the common gaol) was 39 George II, c. 6 (L. C.), and was to be in force for two years. It was amended and continued for four years by the Act (1802) 42 George III, c. 6 (L. C.) and again by (1806) 46 George III, c. 6 (L. C.), until January 1, 1810 when it expired.

449

See ante, note 7. The effect of this Act was probably not as stated. The slave of Mr. Fraser's was Robin alias Robert to be spoken of infra, page.

450

The two reasons given for the request are the familiar ones. The petitioners had paid large sums for the slaves who had left them and "they are all wholly convinced that that class of men really lazy leading an idle and abandoned life would attempt to commit crime."

451

The definitive treaty was in fact signed September 3, 1783, but not ratified by Congress until January 14, 1784. The armistice had been concluded January 20, 1783. In the definitive treaty, Article VII contains the same provisions as to Negroes as the corresponding article in the preliminary articles.

452

Isle St. Jean so called from about the end of the sixteenth century until 1798, when it was given the name Prince Edward Island out of compliment to Prince Edward, Duke of Kent (father of Queen Victoria), then commanding the British Forces in North America. The name it still retains.

453

The Judges were James Monk, Chief Justice and Pierre Louis Panet and Isaac Ogden, Puisne Justices.

454

Lafontaine ut supra, pp. 56-63. It has often been said that it was Chief Justice Osgoode who gave the death blow to slavery in Lower Canada. For example, in James P. Taylor's Cardinal facts of Canadian History, Toronto, 1899, on p. 88 we find a statement that in 1803, Chief Justice Osgoode in Montreal declared slavery inconsistent with the laws of Canada. But Osgoode became Chief Justice of the Province in July, 1794. Continuing as such Chief Justice, he became Chief of the Court of King's Bench for the District of Quebec later on in the same year on the coming into force of the Act of 1794, 34 George III, c. 6, which erected two Courts of King's Bench one for each District. James Monk became Chief Justice of the Court of King's Bench for the District of Montreal, which position he retained until 1825. Osgoode resigned his position and went to England in 1801 and lived in England until his death in 1824: he was never Chief Justice at Montreal.

455

One result of these decisions was to induce the escape of Negro slaves from Upper Canada where slavery was lawful to Lower Canada. For example one hears of two of the three slaves whom Captain Allan brought with him into Upper Canada from New Jersey running away to Montreal. The owner pursued them to Montreal and searched for them in vain for ten days. The third slave, a woman, he sold with her child.

The Statute is (1833) 3, 4, William IV, c. 73 (Imp.). One result of this Act is exceedingly curious and to the philosophical lawyer exceedingly interesting. Slaves which had been real estate, as soon as the act was passed ceased to be such, and the benefit to be obtained from their labor until fully enfranchised and the money to be paid by the legislature as compensation for their freedom became personal estate. See the luminous judgment of the Judicial Committee of the Privy Council in Richard v. Attorney General of Jamaica, Moore's Report of Cases in the Judicial Committee (1848), Vol. 6, p. 381.

In a note on p. 35 of a paper in the Transactions of the Royal Society of Canada, 1900, on La Declaration de 1732 M. L'Abbé Auguste Gosselin, Litt.D., F.R.S., Can., we read:

"On trouve dans le livre de Mgr. Tanguay A travers les Registres, p. 157, une notice sur l'Esclavage au Canada, avec un 'Tableau des familles possédant des esclaves de la nation des Panis' L'esclavage ne fut definitivement aboli par une loi, en Canada, qu'en 1833."

The learned author does not mean that there was legislation on slavery in Canada in 1833, or that it was Canadian legislation which abolished slavery; for such was not the case.

456

From September 8, 1828, to October 19, 1830.

457

Canadian Archives, State K, p. 406.

458

The Statute is (1792) 32 George III, c. 1 (U.C.).

459

Compare the opinion of the Chief Justice of the Supreme Court of the United States in the celebrated Dred Scott case. 19 Howard, 354, pp. 404, 405.

460

See as to this Reginald W. Jeffery, The History of The Thirteen Colonies of North America 1497-1763 (London), p. 190. This interesting work which I have found accurate gives Governor Spotswood as enforcing the Royal decree rigidly.

461

See ante, p.

[5] This is copied from the Canadian Archives, Q. 282, pt. 1, pp. 212 sqq.; taken from the official report sent to Westminster by Simcoe. There is the usual amount of uncertainty in spelling names Grisley or Crisley, Fromand, Frooman, Froomond or Fromond (in reality Vrooman).

The following is a report of a meeting of his Executive Council:

"At the Council Chamber, Navy Hall, in the County of Lincoln, Wednesday, March 21st, 1793.

"Present

"His Excellency, J.G. Simcoe, Esq., Lieut.-Governor, &c., &c.,

The Honble. Wm. Osgoode, Chief Justice,

The Honble. Peter Russell.

"Peter Martin (a negro in the service of Col. Butler) attended the Board for the purpose of informing them of a violent outrage committed by one Fromand, an Inhabitant of this Province, residing near Queens Town, or the West Landing, on the person of Chloe Cooley a Negro girl in his service, by binding her, and violently and forcibly transporting her across the River, and delivering her against her will to certain persons unknown; to prove the truth of his Allegation he produced Wm. Grisley (or Crisley).

"William Grisley an Inhabitant near Mississague Point in this Province says: that on Wednesday evening last he was at work at Mr. Froemans near Queens Town, who in conversation told him, he was going to sell his Negro Wench to some persons in the States, that in the Evening he saw the said Negro girl, tied with a rope, that afterwards a Boat was brought, and the said Frooman with his Brother and one Vanevery, forced the said Negro Girl into it, that he was desired to come into the boat, which he did, but did not assist or was otherwise concerned in carrying off the said Negro Girl, but that all the others were, and carried the Boat across the River; that the said Negro Girl was then taken and delivered to a man upon the Bank of the River by Froomand, that she screamed violently and made resistance, but was tied in the same manner as when the said William Grisley first saw her, and in that condition delivered to the man … Wm. Grisley farther says that he saw a negro at a distance, he believes to be tied in the same manner, and has heard that many other People mean to do the same by their Negroes.

"Resolved—That it is necessary to take immediate steps to prevent the continuance of such violent breaches of the Public Peace, and for that purpose, that His Majesty's Attorney-General, be forthwith directed to prosecute the said Fromond.

"Adjourned."

462

John White was called to the bar in 1785 at the Inner Temple. He practised for a time but unsuccessfully in Jamaica and through the influence of his brother-in-law, Samuel Shepherd, and of Chief Justice Osgoode was appointed the first Attorney General of Upper Canada. It is probable, but the existing records do not make it certain, that it was he who introduced and had charge in the House of Assembly of the bill for the abolition of slavery passed in 1793, shortly to be mentioned. His manuscript diary is still extant, a copy being in the possession of the writer: One entry reads under date Newark Tuesday March 6 1793 "John Young from Grand River came with Mr. MacMichael respecting his runaway negro. Rec'd 5 Dols."

463

The statute is (1793) 33 Geo. III, c. 7 (U.C.). The Parliament of Upper Canada had two houses, the Legislative Council, an upper house, appointed by the Crown; and the Legislative Assembly, a lower house or House of Commons, as it was sometimes called, elected by the people. The Lieutenant Governor gave the royal assent. The bill was introduced in the Lower House, probably by Attorney General White, as stated in last note, and read the first time, June 19. It went to the committee of the whole June 25, and was the same day reported out. On June 26 it was read the third time, passed and sent up for concurrence. The Legislative Council read it the same day for the first time, went into committee over it the next day, June 28, and July 1, when it was reported out with amendments, passed and sent down to the Commons July 2. That house promptly concurred and sent the bill back the same day. See the official reports: Ont. Arch. Reports for 1910 (Toronto, 1911), pp. 25, 26, 27, 28, 32, 33. Ont. Arch. Rep. for 1909 (Toronto, 1911), pp. 33, 35, 36, 38, 41, 42.

464

Canadian Archives, Q. 279, 2, p. 335.

White in his diary says "To the 21 June, some opposition in the House not much"—under date June 25 when the Bill was in Committee of the whole he says "Debated the Slave Bill hardly: Met much opposition but little argument."

465

Simcoe was almost certainly the prime mover in the legislation of 1793. When giving the royal assent to the bill he said: "The Act for the gradual abolition of Slavery in this Colony, which it has been thought expedient to frame, in no respect meets from me a more cheerful concurrence than in that provision which repeals the power heretofore held by the Executive Branch of the Constitution and precludes it from giving sanction to the importation of slaves, and I cannot but anticipate with singular pleasure that such persons as may be in that unhappy condition which sound policy and humanity unite to condemn, added to their own protection from all undue severity by the law of the land may henceforth look forward with certainty to the emancipation of their offspring." See Ont. Arch. Rep. for 1909, pp. 42-43.