MONTREAL
To the Honorable James Monk Chief Justice of the Court of King’s Bench for the district of Montreal—and the Honorable Pierre Louis Panet and Isaac Ogden, Justices of the same Court.
The Memorial and request of Robin alias Robert a black most humbly sheweth.
That your Memorialist on the thirty first day of January in the present year of Our Lord one thousand eight hundred was arrested and taken under a warrant granted on the same day and year by Charles Blake James Dunlop and Robert Jones Esquires three of the Justices of Our Lord the King assigned to keep the peace within the said district and was forthwith under the said warrant and under another warrant granted on the same day and year by James Dunlop Esquire, one of the said Justices committed to the common gaol of the city of Montreal on a charge that he being a slave had absented himself from the house of James Fraser of the current of Saint Mary near the said city of Montreal iu the said warrant stiled the owner master and proprietor of him the said Robin alias Robert without having obtairied the leave or permission and against the consent of the said James Fraser—All which will more fully appear by view of copies of the said warrants du!" certified and annexed to the present memorial.
That Your Memorial doth most mbly pray that Your Honors will be pleased to award him his Majesty’s remedial writ of Habeas Corpus directed to the said keeper of the said common gaol at Montreal commanding him to have the body of the said Robin alias Robert by whatever name he
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may be called together with the day and cause of his caption and detention before Your Honors at such place as Your Honors shall appoint immediately on the receipt of the said writ to do and receive what Your Honors shall then and there consider concerning him in this behalf and to have there the said writ.
And Your Memorialist as in duty bound will ever pray, &c. .
8rd February 1800.
Let a writ of Habeas Corpus cum causà detentionis issue
as prayed.
Montreal 3d February 1800.
Annexed to the foregoing.
Disrricr or MonTREAL,
Charles Blake, James Dunlop and Robert Jones, Esquires, three of the Justices of Our Lord the King assigned to keep the peace within the said district.
To George Sairy constable in the said district and to the keeper of the common Goal and house of correction at Montreal in the said district.
These are to command you the said constable in his Majesty’s name forthwith to convey and deliver into the custody of the said keeper of the said common Goal and house of correction the body of Robin a Negro-man and slave charged before us with having absented himself from the house of James Fraser of the current of Saint Mary near the said city of Montreal the owner master and proprietor of him the said Robin without having obtained the leave or permission and against the consent of the said James Fraser his master, And you the said keeper are hereby required to receive the said Robin into your custody in the said common goal and house of correction at Montreal and him there safely keep till he be thence delivered by the due order of the Law.
Given under our hands and seals this thirty first day of
January in the fortieth year of the reign of his Majesty King George the third.
(Signed) Cnarces BLake, J. P. [L.S$.] Rogserr Jones, J.P. [L.S.] James Duxror, J.P. [L.S.]
vames Dunlop Esquire, one of his Majesty’s justices of the eace—to Jacob Kuhn keeper of his Majesty’s Jail and house F correction.
You are hereby authorized and required to receive into the rison or house of correction a negro-man named Robert, who refuses to go home to his owner and him safely to keep till he may be discharged or otherwise dealt with according to law.
Given under my hand and seal the thirty first day of January 1800.
, (Signed) James Duncor, J. P. [L.S.] MonTREAL,
I Edward William Gray, Esquire, ‘Sheriff of the district of Montreal in his Majesty’s province of Lower Canada do certify that the foregoing are true and literal copies of the warrants of commitment and detention by virtue of which the said Robin alias Robert hath been taken and committed and is now detained in the common gaol of the said district, and that the said Robin alias Robert hath not been taken and committed and is not now detained for any other cause or by virtue of any other warrant or warrants whatever.
Given under my hand and seal of office at Montreal in the said district the third of February in the year of Our Lord one thousand eight hundred and in the reign of his Majesty King George the third the fortieth.
(Signed) Epwp. Wm. Gray, Sheriff.
{Endorsed)
Banco Regis. Montreal February 1800.
Petition of Robin alias Robert, a Black man.
Filed 4 Feb. 1800, (signed) J. Reir.
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Disrrior or MonTREAL, TO WIT,
James Fraser of the current of Saint Mary near the city of Montreal farmer maketh oath and sayeth that from and since the tenth day of July one thousand seven hundred and seventy three this deponent hath been the true master, owner and proprietor of a negro-man called Robin, and that on or about the nineteenth day of March last the said Robin the slave of this deponent absented himself from the house and service of this deponent without having obtained permission or leave of this deponent, and the deponent verily and in his conscience believes that the said Robin now resides in the house of one Richard Dillon of this city tavern keeper against the consent of this deponent, and all this is truth as the deponent shall answer to God.
(Signed) JAMES FRASER.
Sworn before me this twenty eighth day of January in the year of Our Lord 1800.
(Signed) CHas. BLAKE J. P.
(Endorsed)
Affidavit of James Fraser 1800,
Filed, 3 Feb 1800. J. Rein.
Disrricr or MonTREAL,
KING@S BENCH, February Term 1800.
vs TO WIT.
Rogix.
The Honorable Isaac Ogden Esquire once of the justices of this Honorable Court maketh oath and sayeth that on or about the month of September in the year of Our Lord one thousand seven hundred and eighty three one William Walton was Magistrate of Police in and for the city of New-York then under the Government of His Majesty, in the United States of America, and that he this deponent hath seen the said William Walton write and verily and in his conscience
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believes that the name of # Wm. Walton ” in the pass adjoined to this affidavit is in the proper handwriting of him the said William Waltonu, and all this is truth as this depor nent shall answer to God, (Signed) J, Ocpex.
Sworn before me this twelfth day of Feb. 1800. (Signed) J, Moxx, Ch. Just.
(Endorsed) KINGS BENCH,
Tue Kine February Term 1800.
us Rosin Affidavit of Mr, Justice Ogden.
Filed 13 Feb. 1800.
J. Rein.
(Annexed to the above affidavit is a document purporting as fellows :)
Permission is hereby given to Robin and Lydia two blacks to pass with their Master James Fraser to Nova Scotia he having made it appear before me that they are his property, Given under my hand in the city of New-York, the 19th day
of September in the twenty third year of His Majesty Reign,
(Signed) Wm, WaLrTow, Mage. of Police.
