NOTES ON THE SLAVE IN NOUVELLE-FRANCE
The French Canadian historian, François-Xavier Garneau, in his Histoire du Canada, says: "Nous croyons devoir citer ici une résolution qui honore le gouvernement français: c'est celle qu'il avait prise de ne pas encourager l'introduction des esclaves en Canada, cette colonie que Louis XIV préférait à toutes les autres à cause du caractère belliqueux de ses habitants; cette colonie qu'il voulait former à l'image de la France, couvrir d'une brave noblesse et d'une population vraiment nationale, catholique, française sans mélange de races. En 1688, il fût proposé d'y avoir des nègres pour faire la culture. Le ministère répondit qu'il craignait qu'ils n'y périssent par le changement de climat et que le projet ne fût inutile. Cela anéantit pour ainsi dire une entreprise qui aurait frappé notre société d'une grande et terrible plaie. Il est vrai que dans le siècle suivant, on étendit à la Louisiane le code noir des Antilles; il est vrai qu'il y eut ici des ordonnances sur la servitude: neanmoins l'esclavage ne régnait point en Canada: à peine y voyait-on quelques esclaves lors de la conquête. Cet événement en accrut un peu le nombre un instant; ils disparurent ensuite tout à fait."[1]
In another place speaking of the proposal of Denonville, the Governor, and De Champigny, the Intendant, at Quebec, in 1688 to introduce Negro slaves by reason of the scarcity and dearness of domestic and agricultural labor, and the refusal in 1689 of the minister to permit, Garneau says: "C'était assez pour faire échouer une entreprise, qu'aurait greffé sur notre société grande et terrible plaie paralyse la force d'une portion considerable de l'Union Americaine, l'esclavage, cette plaie inconnue sous notre ciel du Nord."[2]
This language has been considered by some—rather heedlessly be it said—to indicate that Garneau thought that Negro slavery did not exist in French Canada, but a careful examination of his actual words will show that he denied only the prevalence "l'esclavage ne régnait point en Canada," not the existence. Slavery was not so widespread in Canada as to become a curse, "a great and terrible plague," "paralyzing energy."
If there were any doubt as to the existence of Negro (and other) slavery in Canada before the British Conquest, it would be dispelled by the document printed in the latest Report of the Archivist of the Province of Quebec.[3] These are Notarial Acts (Actes notariés) preserved in the Archives at Quebec and are of undoubted authenticity; they range from September 13, 1737 to August 15, 1795, the first 14 being before the capture of Quebec in 1759, the last 3 after that event.
The first document is the sale of a Negro[4] called Nicolas by Joseph de la Tesserie, S. de la Chevrotière, ship-captain, to François Vederique of Quebec, ship-captain, for 300 livres.[5] The Negro was about 30 years of age and the Act was passed before midday, September 13, 1757.
The fourth, September 25, 1743, evidences a sale of five Negro slaves, two men and three women and girls[6] then in the house of "la dame Cachelièvre," the vendor being Charles Réaume, merchant of l'Isle Jésus near Montreal, the purchaser Louis Cureux dit Saint-Germain, for 3000 livres.
The seventh, January 27, 1748, is the sale of a Negro[7] slave called Robert, 26 to 27 years of age, by Damelle Marie-Anne Guérin, widow of Nicolas Jacquin Philibert, merchant of Quebec, to Pierre Gautier, sieur de la Veranderie, for 400 livres in cash or bills payable by the Treasurer of the Navy having currency in the country as money—the Negro to be delivered on the first demand "avec seulement les hardes qu'il se trouvera avoir lors de la livraison et trois chemises."[8]
The eighth, June 6, 1749, evidences the sale by Amable-Jean-Joseph Came, Esquire, sieur de St. Aigne, officer in the troops in Quebec (a detachment from the troops of L'Isle Royale), to Claude Pécaudy, Esquire, sieur de Contrecoeur, Captain of the troops (a detachment of the Navy) in garrison at Montreal, of a Negro woman, Louison, about 17 years old, for 1000 livres.
The tenth, May 26, 1751, gives us the sale by Jacques Damien of Quebec to Louis Dunière, Jr., of a Negro, Jean Monsaige "pour le servir en qualité d'esclave," for 500 livres. But as "le dit nègre paraissant absent du jour d'hier soir, pour par le dit ... Denière disposer du dit nègre comme chose à luy appartenant le prenant le dit ... Dunière sur ses risques, périls et fortune, sans que le dit ... Dunière puisse tenir à aucune" and it is expressly provided "le dit ... Damiens sic cède, quitte et transporte au dit ... Dunière sans aucune garantie le dit nègre pour par le dit ... Dunière en disposer ainsy qu'il avisera." What a tragedy lies underneath these words![9]
The thirteenth, May 4, 1757, is a sale by Estienne Dassier, formerly Captain in the Navy, then living "en sa maison, rue de Buade," Quebec, to Ignace-François Delzenne, merchant-goldsmith, living "en sa maison, rue de la Montagne," of a Negro, Pierre, about 18 years of age, whom the purchaser had had in his house since the previous November. The Negro is sold for 1192 livres, 600 in cash, 592 in a fortnight, whatever happens to the Negro who is now to be at the risk of Delzenne, the purchaser. The purchaser as security hypothecates all his property movable and immovable. He also expresses his knowledge of and satisfaction with the condition of the Negro.[10] On July 1, 1757, Dassier acknowledges payment of the 592 livres.
These are all sales of Negros during the French regime; there are two instances of sales of Mulattoes in this period, but there are five of the sale of Indian slaves, Panis (fem. Panise).[11]
The second act, September 14, 1737, is the sale by Hugues Jacques Péan, Seigneur of Livaudière, Chevalier of the Military Order of St. Louis, Town Major of Quebec, to Joseph Chavigny de la Chevrotière, captain and proprietor of the ship Marie-Anne then in the roads of Quebec, of an Indian girl Thérèse of the Renarde Nation, about thirteen or fourteen, and not baptized.[12] The purchaser had seen her, admitted her soundness in life and limb (le connait pour être same et n'être estropiée en aucune façon) and paid 350 livres for her. The vendor was to keep the "sauvagesse" until the departure of the purchaser, not later than the end of the coming month, but not to guarantee against accident, sickness or death, binding himself only to treat her humanely and as he had been doing.
The third, October 1, 1737, gives the sale by Augustin Bailly, Cadet in the troops of the marine residing ordinarily at Saint-Michel in the Parish of Saint-Anne de Varennes, to Joseph de Chavigny de la Chevrotiètre, Sieur de la Tesserie,[13] Captain in the Navy, of an Indian (male) of the Patoqua Nation, age not given, bought by Bailly on the ninth of May preceding from Jean-Baptiste Normandin dit Beausoleil according to a contract passed before Loyseau, Notary at Montreal. The price was 350 livres, 250 in money and 100 paid with two barrels (barriques) of molasses.[14]
The ninth is the sale, September 27, 1749, by Jean-Baptiste Auger, merchant of Montreal but then in Quebec, to Joseph Chavigny, Sieur de la Tesserie, of an Indian girl (une panise) of about 22 years of age named and called Joseph for baptism, price 400 livres, Island money,[15] which the purchaser promises and agrees to send to be invested in pepper (?) and coffee for the account and at the risk of the vendor, Auger, by the first ship leaving Martinique for Canada, the pepper (?) and coffee to be addressed by the purchaser, de la Tesserie, to Voyer, a merchant at Quebec for the account of Auger. De la Tesserie hypothecates all his goods as security. The eleventh, November 4, 1751, is the sale by Jacques-François Daguille, merchant, of Montreal but then in Quebec, to Mathieu-Theodoze de Vitre, Captain in the Navy, of an Indian girl (une panise) about ten or eleven, called Fanchon but not yet baptized,[16] price 400 livres cash.
The twelfth, September 8, 1753, sale by Marie-Josephe Morisseaux, wife and agent of Gilles Strouds of Quebec, then at Nontagamion, to Louis Philippe Boutton, Captain of the Snow,[17] Picard, of an Indian girl (une sauvagesse panise de nation nommée Catiche) of about twenty years of age, price 700 livres payable on delivery, "with her clothes and linen as they all are."
The fifth, December 27, 1744, is a contract by Jean-Baptiste Vallée of Quebec, rue de Sault-au-Matelot, the owner of a Negro, commonly called Louis Lepage, whom Vallée certifies as belonging to him, and to be faithful and well-behaved. Vallée hires him to François de Chalet, Inspector General of the Compagnie des Indes to serve him as a sailor for the whole remaining term of de Chalet's tenure of the Ports of Cataraqui (Katarakouye, i.e., now Kingston, Ontario) and Niagara (on the east side of the river). The Negro is to serve as a sailor on the boats of the ports. Vallée undertakes to send him from Quebec on the first demand of de Chalet to serve him and his representative in all legitimate and proper ways, not to depart without written leave, etc. The amount to be paid to Vallée was 25 livres per month, de Chalet in addition to furnish the sailor a jug (pot) of brandy and a pound of tobacco a month, and for his food, two pounds of bread and half a pound of pork a day.[18]
The sixth act is a petition, April 27, 1747, to the Lieutenant Civil and Criminal of Quebec by Louis Parent, merchant of Quebec, asking him to direct Lamorille, Sr., and Jugon who had by judgment, April 25, 1747, been named as arbitrators, for the valuation of a Negro, named Neptune, part of the estate of the late Sieur de Beauvais, that they should proceed with their valuation—Chaussegros de Léry to be present if he wished, but if not, the two to proceed without him. A direction was given by Boucault to meet at his place the next day at 2 P. M. and a certificate by Vallet, the bailiff (huissier) to the Superior Council at Quebec, is filed that he had served Chaussegros de Léry, La Morille, Sr., and Jugon.
The first instance here recorded of sale of a slave after the Conquest by the British was November 14, 1778. This, the fourteenth document copied, evidences a sale by George Hipps, merchant butcher, living in his house, rue Sainte-Anne in Upper Town, Quebec, to the Honorable Hector-Theophile Cramahé, Lieutenant-Governor of Quebec, of a mulatto slave called Isabella or Bell about fifteen years old.[19] She had been already received in Cramahé's house, and he declared himself satisfied with her. She had been the property of Captain Thomas Venture who had sold her at auction to Hipps. The price paid by Cramahé was £50 Quebec money, equal to 200 Spanish piastres; and Hipps acknowledged payment in gold and silver. Cramahé undertakes to feed, lodge, entertain, and treat the slave humanely.
The next, the fifteenth, April 20, 1779, is the sale of the same mulatto girl, Isabella or Bell, by Cramahé to Peter Napier, Captain in the Navy, then living at Quebec, with her clothes and linen for 45 livres, Quebec or Halifax money. Napier undertakes to treat the slave humanely.[20]
The sixteenth, August 15, 1795, is the first written in English, all the preceding being in French. It is dated August 15, 1795 and is sale by Mr. Dennis Dayly of Quebec, tavern-keeper, to John Young, Esquire, of the same place, merchant, of "a certain Negroe boy or lad called Rubin" for £70 Halifax currency. Dayly had bought the boy from John Cobham, of Quebec, September 6, 1786.[21]
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."
The following year, April 20, 1763, the council sat again to hear the case. Lieut. Col. Beckwith again presided, and Captains Fraser, Dunbar, Suby and Davius sat with him. The parties were again heard and witnesses were called by André; but they were "not sufficient"—and "the Council ordered that the Decree of July 20, last, shall be executed according to its tenor; and in consequence, that the said Negro André remain in the possession of the said Levy until he has produced other evidence or has proved by baptismal extract or the official certificate of a magistrate of the place where he was born that he was free at the moment of his birth."[23] Although these courts continued until the coming into force of purely civil administration of justice, September 17, 1764, I do not find that André made another attempt to secure his liberation from the service of Le Sieur Gershon Levy, negotiant.
I am indebted to my friend, Mr. R. W. McLachlan, F. R. S. C., of the Archives of the District of Montreal, for a memorandum of the following sales of which a record exists in Montreal:
1784, December 16, James McGill of Montreal for and in the name of Thomas Curry of L'Assomption in the Province of Quebec, sold to Solomon Levy of Montreal, merchant, for £100 Quebec currency, a Negro man Caesar and a Negro woman, Flora.
1785, February 20, Hugh McAdam of Saratoga sends by his friend John Brown to James Morrison of Montreal, merchant, "a Negro woman named Sarah" to sell. "She will not drink and so far as I have seen, she is honest."[24]
1785, March 9, Morrison sells Sarah to Charles Le Pailleur, Clerk of the Court of Common Pleas, for £36.
1785, January 11, John Hammond of Saratoga, farmer, sold to Paul l'Archeveque dit La Promenade, gentleman, a mulatto boy called Dick, 6 years old, for £30 Quebec currency.[25]
1785, April 26, sale by William Ward of Newfane, County of Windham, State of Vermont, to P. William Campbell in open market at Montreal of three Negroes, Tobi (aged 26), Sarah (aged 21) and child for $425. These had been bought with another Negro, Joseph, a year older than Sarah, from Elijah Cady of Kinderhook, County of Albany, State of New York, for £250.[26]
1789, June 6, James Morrison who had sold Sarah for McAdam to Charles Le Pailleur, bought her for himself and sold her to Joseph Anderson of Montreal, gentleman, for £40.[27] The purchase from Le Pailleur is evidenced in French; it was for £36.
1790, December 23, Guillaume Labart, Seigneur, living at Terrebonne, sold to Andrew Todd, merchant of Montreal, a young panis called Jack, about 14 years of age, for £25.
1792, August 10, "Joshuah Stiles, late of Litsfield in the county of Birkshire, Massachusetts, at present in Montreal," sold to Daniel Carberry of Montreal, hair-dresser, a Negro boy named Kitts, aged 15 years, for the sum of one hundred and fifty dollars each of the value of five shillings Halifax currency.
1793, July 11, Jean Rigot, master hair-dresser, living on Boulevard St. Antoine, sold a mulatto slave boy, Pierre, aged 16, to Sir Charles Chaboille, merchant of the Upper Country (i.e., Niagara, Detroit, Michillimackinac), for $200 Spanish, each worth s.5 Halifax currency. Rigot had raised the boy from infancy (l'ayant élevé de bas age).
1793, July 27, William Byrne, formerly captain in the King's Royal Regiment of New York, in a letter of May 29, 1793, having promised his adopted son, Phillip Byrne, on his marriage to Mary Josephine Chêne, daughter of Charles Chêne of Detroit, to give him a Negro boy, Tanno, aged 16, and a Negro woman, Rose, aged 28, carried out his promise by Deed of Gift, July 27, 1793, but he stipulates for "half the young ones"!!
1795, December 15, François Dumoulin, merchant of the Parish of Ste. Anne, Island of Montreal, sells to Meyer Michaels, merchant of Montreal, a mulatto named Prince, aged about 18, for £50.
1796, November 22, John Turner, Sr., merchant, sold to John Brooks, a Negro man named Joegho, aged 36, for £100, Quebec currency, and a Negro woman, Rose, aged 25, for £50.
1797, August 25, Thomas Blaney (attorney for Jervis George Turner, a soldier in the 2d Batt. Royal Canadian Volunteers) and Mary Blaney, his wife, sold to Thomas John Sullivan, tavernkeeper, a Negro man named Manuel, aged about 33, for £36.[28]
1781, August 9, sale per inventory of the estate of the late Naethan Hume, "one pany boy, Patrick, sold to McCormick for £32."
Perhaps this paper may well close with the following:
1781, October 31, a Negro, named York Thomas, a freeman, indentured himself for three years to Phillip Peter Nassingh, a Lieutenant in his Majesty's 2d Battalion, New York, for and in consideration, the said Nassingh to provide the said servant with meat, drink, washing, lodging, and apparel, both linen and woolens, and all other necessaries, in sickness and in health, mete and convenient for such a servant, during the term of three years and at the expiration of the said term, shall give the said York Thomas, one new suit of apparel, above his then clothing, and £6 Halifax currency.
William Renwick Riddell
Osgoode Hall
Toronto, Dec. 23, 1922