expressly to the contrary excepted,) as will to abolish
slavery, and to give freedom to the negroes and panis
then in existence, as to the same effect in regard to
negroes and panis subsequently borm in the country.
The law of EnglandEnglandbestows on all its subjects, of every
color, equal rights to personal freedom, and legal
To Question 8th.- Did the 47th article of the capitulation of CanadaCanada
to the British arms, in September 1760, extend to such
of the Children of the negroes and PanisPanis therein
mentioned as were boon in CanadaCanada after the
Anwers,- The 47th. article of the capitulation in September 1760 did not extend to such of the children of the
negroes and PanisPanis therein mentioned as were borm
in CanadaCanada after the capitulation. And my
opinion further is- that the same 47th. article
could not have legitimately been enforced after
the treaty of peace of February 1763, even as to
those negroes and PanisPanis previous by held in slavery,
and who continued in CanadaCanada, for a capitulation is
only a temporary act or agreement by commanders,
or subordinate powers, subject to be afterwards
modified, changed or set aside by the mutual agreement
under a treaty of peace of the Sovereign powers on
both sides. The treaty of peace therefore superceded
the capitulation, and the treaty of peace did not
sanction such a violation of the British public law
as would have been established by a continuation
of Slavery in CanadaCanada, and the powers of no military
commander, as such, could extend to establish, per-
manently, a law at variance with the public law of
the sovereign, or sovereignty, under which he served.
To Question 9th.- Was Slavery (except of the negroes and PanisPanis
mentioned in the said 47th. article,) recognised by
capitulation of September 1760?
Answers.- Slavery was never recognized by the law of CanadaCanada
at any time subsequent to the capitulation of
To Question 10th.- Was the Kings Proclamation of the 7th. of October 1763 ever revoked or repealed, - and if it was, by
what law, and from what date was it so repealed?
Answers.- Some of the provisions of the proclamation of the
7th. of October 1763- such as those relating to the civil
Government of CanadaCanada, (then the Province ofProvince of Quebec
QuebecProvince of Quebec;) and the powers of the Governor and
other civil officers thereof, were revoked and
made void from the first day of May 1775, by
the statute of the British parliament, 14th. GeorgeGeorge
the third, chapter 83, papers in the proceeding year,
and commonly called `the QuebecQuebec Act.'
To Question 11th. - Did the revocation or repeal of that proclamation
effect the revival of any laws respecting slavery in
existence before the Capitulation?
Answers.- No revocation, annullment, or change of the
Proclamation of 1763 ever had the effect of revising
any laws respecting slavery in existence before the
capitulation of 1760, or of reviving or establishing
slavery in CanadaCanada.
To Question 12th. - Was the legality of the Slavery of Negroes, PanisPanis ,
or other persons, were tested in the Courts of Justice
in Lower CanadaCanada,- and if it was - what was the
result of the test?
Answers.- The question of the existence or legality of slavery
in Lower CanadaCanada of negroes or PanisPanis has been brought
before the Courts of Justice there, and all Slavery
has been adjudged illegal in lower CanadaCanada. There was
a case decided in the Court of King's Bench, at