“And be it further enacted, that in case any master or mistress shall detain any such child born in their service, after the passing of this Act, under any pretence whatever, after such servant shall have attained the age of 25 years, except by virtue of a contract of service or indentures duly and voluntarily executed, after such discharge as aforesaid, it shall be for such servant to apply for a discharge to any justice of the peace,” and the party accused may be summoned to show cause why the servant is not discharged. The master failing to prove the servant under age, the justice is to discharge the same, and it was “provided always that in case any issue shall be born of such children during their infant servitude or after, such issue shall be entitled to all the rights and privileges of free-born subjects.”
“And be it further enacted, that whenever any master or mistress shall liberate or release any person subject to the condition of a slave from their service, they shall at the same time give good and sufficient security to the church or town wardens of the parish or township where they live, that the person so released by them shall not become chargeable to the same, or any other parish or township.” This act which reflects so much glory upon the Upper Canadian Legislators, was passed July 9, 1793. We thought our readers would prefer to see the act complete than any synopsis we might prepare.
To Robert Gray, then Solicitor-General, is Upper Canada primarily indebted for the above act. He was an earnest friend of the African race. He was lost in the schooner Speedy, on Lake Ontario.
Slavery in Lower Canada.—According to Garneau, in the year 1689, it was proposed to introduce negroes to the colony of France. But it was thought the climate would prove unsuitable. That slavery was, not long after introduced, seems certain, and that it “was legally recognized in Canada, is plain, from an ordinance of intendant Hocquart, dated 1736, regulating the manner of emancipating slaves in Canada.”—(Bell.)
There are extant several royal declarations respecting slaves in the colony, bearing dates, 1721, 1742, and 1745. At the Conquest there were slaves in the province; and slavery “then increased for an instant, only to disappear forever.” Slavery having continued to exist in Canada until the first decade of the present century. By a stipulation in the treaty of Montreal, the colonists were “to be allowed to retain their slaves.” Says Bell in Garneau’s history, “Sir L. H. Lafontaine in 1859, investigated this matter,” (respecting the existence of slaves in French Canada), and from the published reports of his enquiries, it appears that in 1799–1800, the citizens of Montreal presented requisitions to Parliament, tending to cause the Legislature to vindicate the rights of masters over their slaves. The applicants invoked in favor of their demand, an ordinance rendered by Jacques Roudat, 9th intendant, dated April 13, 1709, which edict was, they urged, in force when the definitive treaty of peace was signed, and by consequence formed part and parcel of the laws, usages, and customs, of Canada, recognized by the Act of Quebec. The bills, on the subject, were introduced, in 1800, 1801, and 1803; but none of them passed. Since that time no Local Legislation sanctioned this matter; and if the act of the Imperial Parliament of 1797, had the effect of abolishing slavery in the British plantations, these would, of course, include Canada. “But,” says Bell, “the act in question could have no such effect. It only enacted, that negroes could not be taken in execution as chattels, for the debts of their masters, as had previously been the case in His Majesty’s American Colonies.” It appears tolerably certain from the foregoing, that slaves were introduced by the French into Canada, about the beginning of the 18th century, and that at least in 1709 it was a recognized institution, by virtue of an edict issued by the intendant. And, when the country was conquered by Great Britain, the colonists were “allowed to retain their slaves.” In 1784, when Upper Canada was first settled, the number of slaves in Lower Canada according to census was 304.
When Upper Canada, in 1793, took the lead in the whole of Britain’s vast domain in legislating against slavery, Lower Canada continued to regard it without disfavour; and, even in Montreal, endeavoured to fix the chains of bondage more firmly upon the negro. But what the Provincial Legislature did not, although presented with the example set by Upper Canada, was done in a different way by Chief Justice Osgood, who in 1803, at Montreal, declared slavery inconsistent with the laws of the country, and gave freedom to the persons in that condition. And when the British Act of Emancipation was passed, in 1833, setting free the slaves in all parts of the Empire, there was no slaves in Canada, Upper or Lower. Thirty years previous had the evil been crushed in Lower Canada, and forty years before Upper Canada had declared that it was “highly expedient to abolish slavery,” and had enacted laws to secure its abolition.
At the time of the rebellion of 1776–83, slavery was not limited to the Southern States.
There were a good many held by the old Knickerbocker families, both amongst the loyalists and rebels. When the families both of English and Dutch nationality, came as refugees to Canada, there accompanied them a number of slaves. In many cases these slaves came of their own accord, would not be separated from their masters, with whom they always lived; upon whose land they had been born. Indeed, the attachment between these faithful blacks and their owners was frequently of the most enduring nature, and, as we shall see, in some cases, although made free, they would not leave their old places as domestics.
The Rev. Mr. Stuart in his memoir, says, in speaking of his removal to Canada; “My negroes, being personal property, I take with me, one of which being a young man, and capable of bearing arms, I have to give £100 security to send back a white prisoner in his stead.” Capt. Joseph Allan brought with him from New Jersey, after the war had ended, to Upper Canada, three slaves—Tom, Sam and Sal. The two men, some years after, ran away to Lower Canada. Their owner pursued them to Montreal, and searched for them for ten days; but failed to get them. He sold the female, Sal, with her child, to Silas Hill. This boy was afterwards sold to Abram Barker, who kept him until he became twenty-one, when he became free. Freedom did not suit him, as he became a worthless fellow. Major VanAlstine had slaves, whom he treated with patriarchal kindness, and who lived in great comfort in the old-fashioned Dutch cellar kitchen, in his home, in Fourth Town. The Bogarts and John Huyck also had slaves. Capt. Myers had slaves; one, Black Bet, would never leave him, but continued until his death, under the care of her old master.
Cartwright, Herkimer, and Everitt, each was the owner of slaves. And Powles Claus, of the Mohawk settlement, had two slaves.