all colonies should be placed upon the same
footing in regard to slavery as those in the West
Indies. Slavery formed no part of the public
law of FranceFrance but required the legislators authority of
the Crown for its establishment and accordingly
we find, that by this authority, it was introduced
into the West India Islands by the
Code Noir in
1685.â It has been doubted, whether Mr.RandotRandot ,
or any governor of a particular colony, could
establish therein, such a general principle of
further law, as slavery, without the special authority
of the Crown, and it may be informed, from the
expressions used, that Mr.RandotRandot was under this
impression by his stating that he made the above
sous le bon plaisir de sa majestÃ©.â
which bon plaisir I see no when noticed or
confirmed. It is certain, however, that from the
time of this Ordinance and even before, slavery
of negroes and PanisPanis , as therein stated, had been
practised, and was still continued in the colony in
1736, as by an Ordinance of Mr. Hocquart, the then
, of the first of september of that year a
form for the emancipation of slaves is established
and directed to be observed. So for the existence if
not the legality, of slavery would appear..
Question 7- Did any of the articles of capitulation granted to
the conadians upon their surrender of CanadaCanada
to the British arms in September 1760
to slaves then in CanadaCanada?
Crowns- The forty seventh which reformed to them particularly.
To Question 8- Did that article extend to such of the Children
of the negroes and
PanisPanis therein mentioned as
were born in CanadaCanada after the capitulation?
Answers- I think not Children born under the British
cannot be considered as slaves, whatever their
parents may have been.
To Question 9- Did any and what change in the civil and
criminal laws of CanadaCanada take place on the
capitulation of the Country to the British arms
in September 1760?
Answers- In regard of the French and Canadians, the
laws and customs of the Country, as formerly
administrated and recognized, were temporarily
continued.- In regard of merchants and traders,
and others, I believe, the laws of EnglandEngland prevailed.
To Question 10- What was the legal effect of the Kings Proclamation of the seventh of October 1763,
on slavery in CanadaCanada?
Answers- I consider the legal effect of that proclamation
was, to carry with it the abolition of slavery
of every friend in the Colony;- the exception contained
in the forty-seventh article of the capitulation
of september 1760, referred only to such
PanisPanis , as were then in existence,
but could not be extended to their issue
To Question 11- Was slavery ever afterwards (except in
regard to the negroes and panis mentioned in
the 47th article of the capitulation,)
by law, or as being legal in CanadaCanada?
Answer- As for as I know and believe, slavery
after that period (except in the cases referred to
was never recognized, nor considered as
being legal in CanadaCanada.