The Americans have not unfrequently essayed to fasten the ignominy of this domestic institution upon the British nation, by asserting that it was the English that first brought slaves to the American continent. Supposing this to be true, it was the most pitiable attempt at excuse for continuing the accursed thing, after Britain had spent millions to abolish slavery in all her broad realm, that can possibly be imagined. But it is all untrue that slaves were first brought by the English. It was the Dutch, who found sale for them in Virginia. This was in 1620. “Shortly after the New England States adopted the ‘institution,’ the colonists and merchants introducing and controlling the whole trade, Massachusetts leading the way.” And with all the cry, for ever echoing in the North against the South, because of slavery; it was the Yankee owners of ships, sent out from Northern ports to engage in the world-condemned crime of the slave trade, that kept alive the worst feature of American slavery, until the celebrated military necessity of Lincoln, emancipated the Southern slaves.
The present generation of Canadians are almost ignorant of the fact that the “institution” of slavery once existed in Canada, both Lower and Upper. The proud and pleasing appellation, which Canada enjoyed for so many years, of a safe asylum for slaves, who had effected their escape from the United States, is in most cases alone known to have belonged to us. But the record of our young country is so honorable upon the question of slavery, that the fact that slaves did once breathe among us, casts no stigma upon the maple leaf, no single stain upon her virgin garments. The fact is, slavery could not live in Canada; much less grow. The leading principles which guided the settlers of the country were of too noble a nature to accept the monstrous system of human bondage as an appendage of the Colony. They felt the truthfulness of the words, not long before uttered by John Wesley, that slavery was the “sum of all villainies,” and knew they would be villains of the deepest dye to encourage it.
The history of slavery from the time Joseph was sold by his brothers into Egypt, by which it may be inferred that persons were already held in bondage, up to the present, is of no little interest; but it forms no part of our task to give even a sketch of it, except in relation to its existence in Canada.
In the year 1732, an Act was passed in the Imperial Parliament “for the more easy recovery of debts in His Majesty’s plantations and colonies in America,” by which “lands, houses, negroes, and other hereditaments and real estate, shall be liable to be taken by due process of law for any indebtedness.”
Another Imperial Act having reference to slavery in Canada, was passed so late as 1790. The Act is intituled “An Act for encouraging new settlers in His Majesty’s colonies and plantations in America.” Among other things it is provided that if any persons shall come to the West India Islands or the Province of Quebec, from United States, with the view of settling, it shall be lawful for such, having obtained a license from the Governor, to import among other things “any negroes” he may possess. Such was the law in all Canada when Upper Canada was erected into a distinct Province.
The first Session of Parliament in Upper Canada was naturally and necessarily occupied in arranging the machinery requisite for the government of the body public. The second Session witnessed legislation to secure defence of the country by organizing a militia body; and also upon two most important subjects having reference to moral principles, viz.: concerning marriages, and
“An Act to prevent the further introduction of slaves, and to limit the term of contract for servitude within this Province.”
“Whereas it is unjust that a people who enjoy freedom by law, should encourage the introduction of slaves, and whereas it is highly expedient to abolish slavery in this Province, so far as the same may gradually be done without violating private property; be it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada,” &c. It is enacted “that from and after the passing of this Act, so much of a certain Act of the Parliament of Great Britain, entitled “An Act for encouraging new settlers,” &c., as may enable the Governor or Lieutenant-Governor of this Province, heretofore parcel of His Majesty’s Province of Quebec, to grant a license for importing into the same, any negro or negroes, shall be, and the same is hereby repealed; and that from and after the passing of this Act, it shall not be lawful for the Governor to grant a license for the importation of any negro or other person to be subjected to the condition of a slave, or to a bounden involuntary service for life, in any part of this Province, nor shall any negro, or other person who shall come, or be brought into the Province after the passing of this Act, be subject to the condition of a slave, or to such service as aforesaid, within this Province, nor shall any voluntary contract of service or indentures that may be entered into by any parties within this Province, after the passing of this Act, be binding upon them or either of them for a longer term than a term of nine years.”
The second clause provided that the owners of slaves, at the time within the Province, should be secured in their property and contracts already made should not be affected. But in the third clause it is declared that
“In order to prevent the continuation of slavery within this Province, be it enacted by the authority aforesaid, that immediately from and after the passing of this Act, every child that shall be born of a negro mother, or other woman subjected to such service as aforesaid, shall abide and remain with the master or mistress in whose service the mother shall be living at the time of such child’s birth, (unless such mother and child shall leave such service, by and with the consent of such master or mistress) and such master or mistress shall, and is hereby required to give proper nourishment and clothing to such child or children, and shall and may put such child or children to work, when he, she, or they shall be able so to do, and shall and may retain him or her in their service until every such child shall have obtained the age of 25 years, at which time shall be entitled to demand his or her discharge from, and shall be discharged by such master or mistress, from any further service. And to the end that the age of such child or children may be more easily ascertained, the master or mistress of the mother thereof, shall, and is hereby required, to cause the day of the birth of every such child as shall be born of a negro or other mother, subjected to the condition of a slave, in their service, as aforesaid, to be registered within three months after its birth, by the clerk of the parish, township or place wherein such master or mistress reside, which clerk shall be authorized to demand and receive the sum of one shilling for registering the same. And in case any master or mistress shall refuse or neglect to cause such register to be made within the time aforesaid, and shall be convicted thereof, either on his or her confession, or by the oath of one or more credible witnesses before any justice of the peace, he or she shall for such offence forfeit and pay the sum of £5 to the public stock of the district.