Black Woman Ann Otherwise Called Nancy

Court Transcript of an Anti-Slavery Case, Fredericton NB, 1800
Supreme Court of New Brunswick

The Case of Nancy a black woman, claimed as a Slave;
upon Habeas Corpus against the Master

A Brief presented by Ward Chipman

Questions to be considered:
1. What are the grounds upon which the right of Slavery is supported, as a general question?
2. The utility of it’s introduction, if this were a matter in the discretion of the court.
3. How far Slavery has at any time been tolerated in England?
4. What is the Law of England at this day upon the Subject?
5. What is the Condition of Slavery in the Colonies where it is tolerated & in what manner & how far has it been recognized by Acts of Parliament?
6. What is the Law of this Province respecting Slavery?

Slavery, properly so called, is the establishment of a right which gives to one man such a power over another as renders him absolute master of his life and fortune.

Another definition of Slavery is – “a service for life for bare necessaries”

“Harsh and terrible to human nature, as even such a condition is, slavery is very insufficiently described by these circumstances – it includes not the power of the master over the slave’s person, property and limbs, life only excepted; it includes not the right over all acquirements of the slave’s labour; nor includes the alienation of the unhappy object from his original master to whatever absolute low, interest caprice or malice may choose to transfer him, it includes not the discernable property from father to Son; and in like manner continually of the Slave and all his descendents.”

"Yet such a state of servitude or slavery as is contended for, by the return to the present involves most if not all these cruel and inhuman consequences.

…the several origins of slavery not only appear to be built upon false foundations, but to be exploded among the civilized nations of the world at this day.

…I trust that we shall not in this Province, whose pride it is to copy the example of the Parent State, introduce into our political system a practice so derogatory to every principle of law and justice.

…men will commonly exert more activity when they work for their own benefit, than when they are compelled to labour for the benefit merely of another – The introduction of personal liberty has therefore an infallible tendency to render the Inhabitants of a Country more industrious.

…none of the reasons which have operated to establish it [Slavery] there West Indies], exist at all in this Country, and therefore its introduction here Should be resisted upon the same grounds that it has been so successfully opposed in the Parent State".

“The principal aim of society and the first & primary end of human laws is to maintain and regulate the absolute rights of Individuals, which were vested in them by the immutable laws of nature, and to protect them in the enjoyment of those rights.

...the freedom of the Negro upon his being brought into England was one of those rights which God & Nature had established, which needed not the aid of human laws to be more effectually invested in him, and which could not be abridged or destroyed by an inhuman legislature unless he should himself commit some Act, that amounted to a forfeiture;

…it is beyond the power of human laws to establish that condition of Slavery which is contended for on the present occasion…

It is by the constitution of nations, and not by the law of nature that the freedom of mankind has been turned into Slavery, - But our Laws are called Libertates Anglice because they make men free.

…the Common law takes no notice of Negroes being different from other men…

…the discovery of America revived those tyrannic doctrines of servitude, with their wretched consequences.

The power of a Master over a Slave has been extremely different in different Countries. The state of slavery is of such a nature, that it is incapable of being introduced upon any reasons moral or political…Whatever inconveniences therefore may follow from a decision I cannot say this case is allowed or approved by the law of England; and therefore the Black must be discharged”.

"…England still remains the happy Country, Note: in whose very soil the spirit of liberty is so deeply rooted That a slave or Negro, the moment he lands upon it, falls under the protection of the laws and becomes a Free man.
The question therefore before this Court is simply this – Whether any dominion, authority or coercion can be exercised in this Province on a Slave according to the municipal laws of those Plantations in which Slavery is established as lawful."

“When a custom is actually proved to exist, the next inquiry is into the legality of it; for if it is not a good custom it ought to be no longer used…With regard to the existence of the Custom of Slavery in this Province – It is presumed it never has existed and that of course no proof can be produced of it.

That some Masters have brought Slaves here is true, and that the Slaves have in some instances continued with their Masters, without disputing the right of their Masters to their service is also true. – But it must also be admitted that the Slaves have in many instances controverted this right, and have been manumitted, or indented themselves voluntarily to serve for a term of years upon condition of being discharged at the expiration of it. The question is now for the first time brought forward, for the legal decision of this Court.

Its merits have never yet been discussed, nor any determination had upon it. No Act of Assembly has ever been passed in this Province in the smallest degree recognizing any such Custom or condition as Slavery. – On the other hand, the general opinion, if that were of any consequence, I believe I may venture to assert, is against its admission or toleration here.

Will the existence of such a custom and such laws in any other of the English Colonies, render them binding here?

Now this custom of American Slavery, says Lord Mansfield, “is of such a nature, that it is incapable of being introduced on any reasons moral or political: It is so odious that nothing can be suffered to support it…And I may add it is such an usurpation upon the natural rights of mankind that no human laws can justify or support it.

Were we for a moment to place ourselves in the situation of the unhappy Africans, and suppose ourselves kidnapped and transported and sold as Slaves by the Subjects of another Nation, and there is a nation, whose strides to universal domination, if not successfully checked, may not perhaps terminate less fatally for us; would all the reasoning and pretences which we hear urged in favour of the Slavery of this unfortunate people, reconcile us to our fate? – Let every man’s reason and feelings give an answer to this question – "

This case was argued at the Supreme Court at Fredericton at the Hilary Term in February 1800.

Mr. Street for the Slave
Mr. Chipman
The Atty. Gen Mr. Bliss
Mr. T. Wetmore for the Master
Mr. J.M. Bliss
Mr. Peters
Mr. Botsford

The Court divided – the Chief Justice & Judge Upham in support of the return.
Judge Allen & Judge Saunders against its sufficiency –
No judgment entered.

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That the said Ann or Nancy was at the time of her birth and ever since hath been a female Negro Slave or servant for life born of an African Negro Slave and before the removal of the said Caleb Jones from Maryland to New Brunswick was & became by purchase the Lawful and proper Negro Slave or Servant for life of him the said Caleb Jones and so being by the Laws of Maryland and consistently with the laws of all his Majestys Colonies and plantations in America the proper Negro Slave or servant for life of him the said Caleb Jones. That the said Caleb Jones in the Year of our Lord one thousand seven hundred and eighty five brought and imported the said Ann or Nancy his Negro Slave or servant for life into this province of New Brunswick as it was lawful for him to do and has always had…held the said Ann or Nancy as his proper Negro Slave or servant for life in the said Province of New Brunswick as by Law he has good right and authority to do And the said Caleb Jones now renders her the said Ann or Nancy to the orders of the Court as by the said Writ he is commanded.

Signed Caleb Jones