''R v Jones'' was a 1799 court case challenging the legality of slavery in
New Brunswick
New Brunswick is a Provinces and Territories of Canada, province of Canada, bordering Quebec to the north, Nova Scotia to the east, the Gulf of Saint Lawrence to the northeast, the Bay of Fundy to the southeast, and the U.S. state of Maine to ...
.
Caleb Jones (–1816) was a slave owner and
Loyalist
Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cr ...
who fled north from
Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
to New Brunswick after the
American Revolution
The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
.
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.
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
A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
Ward Chipman.
In 1799 they helped a woman named Nancy (sometimes called Ann) file a writ of ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' challenging her enslavement by Jones.
Nancy was represented ''pro bono'' by Chipman and
Samuel Denny Street, while Jones retained
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
Jonathan Bliss,
John Murray Bliss
John Murray Bliss (22 February 1771 – 22 August 1834) was a Canadian jurist, politician and administrator.
Biography
Father
John Murray Bliss was born in Massachusetts, the son of Massachusetts loyalist Daniel Bliss, a lawyer and British sold ...
,
Thomas Wetmore,
Charles Jeffery Peters, and
William Botsford.
also advised Nancy's counsel.
The case was heard by the full bench of the
Supreme Court of New Brunswick:
George Duncan Ludlow,
Joshua Upham
Joshua Upham (November 3, 1741 – November 1, 1808) was a lawyer, judge and political figure in New Brunswick. He served as a member of the New Brunswick Council.
He was born in Brookfield, Massachusetts, the son of Dr. Jabez Upham and Kathar ...
,
Isaac Allen, and
John Saunders.
Saunders was known to oppose slavery, while Ludlow, Upham and Allen all owned slaves themselves.
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.
As no judgment was recorded, Nancy effectively lost her case and was returned to captivity.
A similar case was commenced nearly simultaneously on behalf of another enslaved woman, Mary Morton, against her enslaver,
Stair Agnew.
''R v Agnew'' did not go to trial and several commentators have conflated the two cases, sometimes referring to the petitioner as Nancy Morton.
Agnew, then a member of the legislature, was so incensed by the dissenting judges that he challenged Allen to a duel.
While Allen declined, Nancy's lawyer, Street, eagerly took his place.
Although Nancy was not freed, the case was considered instrumental in turning public opinion against slavery.
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.
By 1820, slavery was essentially extinct in New Brunswick, partly due to the controversy provoked by ''R v Jones''.
References
{{reflist
External links
New Brunswick Supreme Court Minutes (1785–1829) held in the Loyalist Collection at the University of New Brunswick
Slavery case law
New Brunswick law
Slavery in Canada
1799 in Canada