R v Jones (New Brunswick)
R v Jones was a 1799 court case challenging the legality of slavery in New Brunswick.
Caleb Jones (c. 1743–1816) was a slave owner and Loyalist who fled north from Maryland to New Brunswick after the American Revolution.[1] In the 1780s, Jones purchased slaves in New York and Maryland and moved them to his farm in New Brunswick where he forced them to labour.[1]
By the end of the 18th century, slavery was increasingly controversial in the British colonies, and a number of prominent New Brunswickers sought to challenge the practise, including
The case lasted nearly a year, with the court announcing a split decision on 18 February 1800: Ludlow and Upham found in favour of Jones and Allen and Saunders found for Nancy.[1][4][5] As no judgment was recorded, Nancy effectively lost her case and was returned to captivity.[1]
A similar case was commenced nearly simultaneously on behalf of another enslaved woman, Mary Morton, against her enslaver, Stair Agnew.[3] R v Agnew did not go to trial and several commentators have conflated the two cases, sometimes referring to the petitioner as Nancy Morton.[1][3] Agnew, then a member of the legislature, was so incensed by the dissenting judges that he challenged Allen to a duel.[6] While Allen declined, Nancy's lawyer, Street, eagerly took his place.[6]
Although Nancy was not freed, the case was considered instrumental in turning public opinion against slavery.[5] In fact, one of the judges, Isaac Allen, manumitted his own slaves after the hearing and a number of other slave owners were apparently persuaded to do the same.[1] By 1820, slavery was essentially extinct in New Brunswick, partly due to the controversy provoked by R v Jones.[7]
References
- ^ a b c d e f g h i Spray, W.A. (1979–2016). "Jones, Caleb". Dictionary of Canadian Biography (online ed.). University of Toronto Press.
- ^ ISBN 9780773516328.
- ^ a b c "Related Material in Other Archival or Special Collections". University of New Brunswick Loyalist Collection. Retrieved 28 November 2021.
Slave trials: R v Jones involved the "Black woman Ann otherwise called Nancy" whom Jones had brought with him from Maryland in 1785; R v. Agnew involved the slave Mary Morton whom Agnew had purchased from William Bailey. They were commenced simultaneously but R v Agnew did not go to trial when the verdict was known in the other case.
- ^ "This Week in History". Sackville Tribune Post. 21 February 2018. Retrieved 28 November 2021.
- ^ ISBN 9780228002819.
- ^ a b "Biographical Information". The Ward Chipman Slavery Brief. University of New Brunswick. Retrieved 29 November 2021.
- ^ Wallace, C.M. (1979–2016). "Ludlow, George Duncan". Dictionary of Canadian Biography (online ed.). University of Toronto Press.
External links
- New Brunswick Supreme Court Minutes (1785–1829), held in the Loyalist Collection at the University of New Brunswick