Voices of the People

Nova Scotia House of Assembly Petitions and Correspondence

3 December 1807

The petition of John Taylor and other proprietors of negro servants in the province. Petitioners were inhabitants of the revolted colonies. "That, when His Majesty’s authority began to be opposed in those Colonies, your petitions adhered to their allegiances, and received the Royal assurance of full protection to their persons and security to their properties; That, at that period, throughout all His Majestys Colonies (without any exception) a property in Negroes was maintained and acknowledged if not encouraged; And your petitioners know not of any public act since that time, whereby such sort of property has been declared untenable – On the contrary, the Royal Proclamations and the Acts of Parliament admitting and encouraging persons of Your petitioners political principles to remove out of the United States into this province, expressly authorise them to bring their Negro Slaves, - Your petitioners are far from pretending to advocate Slavery as a System – With the creation of that System they had nothing to do – The introduction of Negro Slaves into His Majestys Colonies was at a time long before your Petitioners were born – It was authorised by the controuling authority of Parliament, in which authority the Colonies had not by representation any share – But, when Your petitioners came to the age of discretion, they found that His Majestys Colonial subjects possessed the right of holding a property in Negroes upon the same grounds that they possessed the right of holding any other species of property, and conceived that right to be as strongly guarded by law as any other of their rights or privileges whatsoever – But, unfortunately for Your petitioners, owing to certain doubts now entertained by the Kings Courts of Law in this Province, such property is rendered wholly untenable by Your petitioners, whose Negro Servants are daily leaving their service and setting Your Petitioners at defiance. For, if it be no longer incumbent upon the Negro who claims his liberty within a Colony, to produce the Certificate of his emancipation; or to shew that he was born of free parents – or, at least to prove that at some former period of his life he exercised the rights of a free person, it is in vain that his possessor attempts to litigate with him – Negroes, universally thro the Colonies, passed like other chattels; sometimes by Bills of Sale, at other times by mere tradition. As in the case of other chattels, possession was a proof of property till the contrary was shewn – And Your petitioners are prepared to prove their property in the Negroes they possess against all adverse claimants – But, as Negroes are transitory, Your petitioners are not (nor from the nature of the thing is it possible they should be) prepared with a legal course of testimony, for deducing such negros Pedigree from an African Slave Ancestor, - Much less (as Colonists) are prepared, or (as they humble conceive) in reason called upon, to maintain the legality of a System which the Parliament of Great Britain has authorised, and the Parliament of The United Kingdoms doth still allow. Leaving all subtle reasoning to better heads, Your petitioners rely, and must rely, in this, as in many other cases, upon the long established usage in His Majestys Colonies, and must humble hope for the same rule and measure of justice here, as might, in their case, be hoped for by His Majesty free colonial subjects of any other of his transmarine dominions – Perhaps however, the peculiar circumstances of this Province, or perhaps the true interests of Humanity, may require in this Colony, the abolition of that particular species of property claimed by your petitioners, (these however are problems that your petitioners presume not to solve) But if so, it seems but reasonable and just, that you petitioners, and others under like circumstances with them, should bear only their proportional parts of the loss or expence attending such abolition – Upon the whole therefore, Your petitioners confiding in the chaste manly and deliberate wisdom of this House; and fully relying upon the justice integrity and honor of this Assembly, Most humble pray: That their Case may be taken under your Consideration, and that either such regulations may be made as in your wisdom shall be deemed expedient for securing Your petitioners property in their Negro Servants, - Or, that, if such property is to be sacrificed to the public good, Your petitioners may, from that public, receive their equitable compensation". 26 names signed. (See bill no. 56, for regulating negro servitude in the province, deferred).

Reference: Nova Scotia House of Assembly Nova Scotia Archives RG 5 Series A volume 14 number 49