[21] The notaries are A. Dumas and Charles Stewart; the act was passed in the latter's office.
[22] See the latest Report of the Archives of Canada.
The Ordinance of General James Murray establishing Military Courts in Quebec and its vicinity will be found printed in Shortt and Doughty's Documents relating to the Constitution of Canada, pp. 42, 44. General Gage's Ordinance established them in the District of Montreal will be found in the publication of the Archives of Canada. Le Règne Militaire.
[23] It is to be observed that it was considered that prima facie the Negro was a slave. The same rule was applied in many states (Cobb, Law of Negro Slavery, pp. 253 sqq.), unless the alleged slave had been in the enjoyment of freedom; but Chief Justice Strange of Nova Scotia and his successor Salter Sampson Blowers by throwing the onus upon the master did much toward the abolition of slavery in that province. See The Slave in Canada, pp. 105-108.
[24] I here copy the letter, verbatim et literatum, a delightful literary effort.
Saratoga 20 Feby 1785.
Dr Sir,
I send by John Brown a Negro woman Named Sarah my Right & Lawful property—which you will Pleas Dispose of with the advis of your friends.—I have Wrote Mr Thomson on the same subjet—she has no fault to my knolage She will not Drink and so fare as I have seen she is honest—many many upertunitys she has had to have shown her Dishonesty had she been so in Clined ... I am sory to give you the troble—She cost me sixty five pounds should not Lick to sell her under.—Should you not be able to get Cash you may sell her for furrs of any Kind you think will sutt our market and send them down by the Return sladges; any trobl you my be at shall Pay for these.
I am Dr. Sir. Your
as hurede frind &c:Hugh McAdam
Mr. Morrison
mercht. Montreal.
As to a subsequent disposition of Sarah, see sale of June 6, 1789.
[25] It is possibly the same mulatto boy, Dick, the subject of the following Bill of Sale:
Thusberry octrs 19. 1785.
Know all men By these presents that I William Gillchres in the County of Rutland and State of Vermount, Yoeman for and in consideration of twenty pound Law Money to you in hand paid by Joseph Barrey of Richmond in the County of Cheshier in State of New Hampshier yeoman whereof I acknoledg the receipt and barggained and sold one molate Boy six years old naimed Dick to him the said Joseph Barney and his heirs for ever, to have and to hold the said molater boy, I said William Gillchres who for myself and my heirs promise for ever to warrant socure and defend said promise against the lawful claims or demand of any person or persons in which I have set my hand, hereunto, and seal this nineteenth day of October one thousand seven hundred and eighty-six, in the eleventh year of endipendency.
(Signed) William Gillchres
Signed, sealed
in the presence of us
(Signed) Elisha Fullan
Lucy Yeomans
On the back of this document were written thus the following words: