Page 135 - Transcriptions d'actes notariés - Tome 20 - 1682-1686
P. 135

slavery  was  a  reality.  -4nd  to  enforce  the  custom  on  this  point,  he
                                  enacted,  "Nous  sous le bon plaisit  de Sa Majesté ordonnona,  que tous les
                                  Panis et Nègres qui onk  été achetés et  qui le seront dans  la suite, appar-
                                  tiendront eu pleine propriété à ceux qui les ont aehetés comme étant leurs
                                  eslavefi."(')
                                      Nolhing  could  indicaie  more  elearly  the  existence  of  a  sbve class,
                                  hnwevcr  small,  in  New  France,  and  the  conccrii  of  the  autho~ities to
                                  regularize  and  protcct  thie kind  of property.  Although  there  appear  tn
                                  be  no  incidents resembling  ~he slavc rebellions  which  occurred  rarely  in
                                  the  Brilish  colonies  10  the  south,  there  were  oceasions  when  filaves
                                  expressed themstlves  soinewhat dramatically .  A Negro woman beIonging
                                  to  Madaine  de  Franeheville  in  Montreal  set  fire  10  her  mistress's  home
                                  on  the night  of  10th ApriI,  11734.  In the ensujng fire,  part  of  Montreal
                                  was  destrnyed.  Fur  this  crime:  the  offending  slave  was  tried,  and
                                  sentenced  to  death.  She was  haiiged  June,  1734.131
                                      Since  ivi~h some  of  ihe  culonists,  the  serious  nature  of  the  legal
                                  bond which kept the slave in servitude meaut very litile.  &O little that they
                                  freed ~heir slaves verlially  and sent them  on their way,  on  1st September,
                                  1736. the Inteudan t  Gilles Hoequart promulgated  an ordiriance comrnand-
                                  ing that the manurniasion  of  slaves must be  by  notarial act, and that  any
                                  other form of  manuini~sion was invalid.'")
                                      With the conquest of  Qnebec by the British, the status of  Negro and
                                  Indian  slaves owned  by  French colonists was  guaranteed  by  the  Artieles
                                  of  Capitnlatioii.  The 47th  Artiele  stated,  that  "the  Kegroes  and  Panis
                                  of  both  Sexes  shall  remain  in  possessioii  of  the  French  and  Canadians
                                  to  whom  they  lielong;  they  shall  be  at  liberty  to  keep  them  iii  their
                                  service iu the Colony or sel1 them:  and  they  may  also  continue to  bririg
                                  them  II~ iti  the  Roman religion."")
                                      Althuugh  slavery  was ended  in Eiigland by the judicial  decision  of
                                  the  Kiiig's  Berich,  handed  dowii  Ly Lord MansfieId,  on  22  June,  1772,
                                  (Lord Wyndham estimates that arourid  14,Oûû Negro  slaves were freed) ,
                                  the  decision had  no efiect  in  the  rest  of  the British  Enipire.  Emancipa-
                                  tiori  thronghout  ihe  Empire  had  to  await  the  action  of  the  Imperia1
                                  Parliament  in  1833.  When,  therefore,  the  War  of  Anieriean  IndePen-
                                  dence drove thousandu of  loyal  Aineriean  suhjects of  the  Crowri  riorth-
                                  wards,  they  brought  with  them  in  sorne  cases  their  Negro  slaves.
                                  Father  Jean-Baprute Loba6
                                      However difficult  it  is to firid  opinions  regarding  Negro  slavery  in
                                  the  sevenieenth  and  early  eighteen th  centuries,  there  are a  few  gourees.
                                  One of  rhese is the rnemoirs of  Father Jean-Bap~iste Labat.  This Frerieh
                                  Prieet  WOB  a  Dorninican  of  the  Jacobin  variety,  who  travelled  from
                                  Franee  to  Martinique  in  16M.  This  eminentIy  human  Dominican


                                   (4)  Idem,  pp.  265-266.
                                   (2'  ldem,  p.  267.
                                   (8'  Idcni,  p.  267.
                                   iy)  ldem,  p. 268.
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