R v Jones (New Brunswick) explained

R v Jones was a 1799 court case challenging the legality of slavery in New Brunswick.

Caleb Jones (–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. 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.[3] 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] 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.[5] 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] [5] 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.[7] 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.[8]

External links

Notes and References

  1. W.A. . Spray . Jones, Caleb .
  2. Web site: NANCY (Ann) . 2024-07-27 . Dictionary of Canadian Biography.
  3. Book: Winks, Robin William . The Blacks in Canada: A History . 108 . McGill-Queen's Press . 1997 . 9780773516328.
  4. News: This Week in History . 21 February 2018 . 28 November 2021 . Sackville Tribune Post.
  5. Web site: Related Material in Other Archival or Special Collections . University of New Brunswick Loyalist Collection . 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..
  6. Web site: Biographical Information . The Ward Chipman Slavery Brief . University of New Brunswick . 29 November 2021.
  7. Book: We Resist: Defending the Common Good in Hostile Times . 80 . Cynthia . Levine-Rasky . Lisa . Kowalchuk . McGill-Queen's Press . 2020 . 9780228002819.
  8. C.M. . Wallace . Ludlow, George Duncan .