R v Jones (New Brunswick)

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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 Solicitor General Ward Chipman. [2] In 1799 they helped a woman named Nancy (sometimes called Ann) file a writ of habeas corpus challenging her enslavement by Jones. [2] [3] Nancy was represented pro bono by Chipman and Samuel Denny Street, while Jones retained Attorney General Jonathan Bliss, John Murray Bliss, Thomas Wetmore, Charles Jeffery Peters, and William Botsford. [1] Sampson Salter Blowers also advised Nancy's counsel. [2] The case was heard by the full bench of the Supreme Court of New Brunswick: George Duncan Ludlow, Joshua Upham, Isaac Allen, and John Saunders. [1] Saunders was known to oppose slavery, while Ludlow, Upham and Allen all owned slaves themselves. [1]

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]

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References

  1. 1 2 3 4 5 6 7 8 9 Spray, W.A. (1979–2016). "Jones, Caleb". Dictionary of Canadian Biography (online ed.). University of Toronto Press.
  2. 1 2 3 Winks, Robin William (1997). The Blacks in Canada: A History. McGill-Queen's Press. p. 108. ISBN   9780773516328.
  3. 1 2 3 "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.
  4. ↑ "This Week in History". Sackville Tribune Post. 21 February 2018. Retrieved 28 November 2021.
  5. 1 2 Levine-Rasky, Cynthia; Kowalchuk, Lisa, eds. (2020). We Resist: Defending the Common Good in Hostile Times. McGill-Queen's Press. p. 80. ISBN   9780228002819.
  6. 1 2 "Biographical Information". The Ward Chipman Slavery Brief. University of New Brunswick. Retrieved 29 November 2021.
  7. ↑ Wallace, C.M. (1979–2016). "Ludlow, George Duncan". Dictionary of Canadian Biography (online ed.). University of Toronto Press.
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