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.[3][2][4] 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][5][6] As no judgment was recorded, Nancy effectively lost her case and was returned to captivity.[1][3]
A similar case was commenced nearly simultaneously on behalf of another enslaved woman, Mary Morton, against her enslaver, Stair Agnew.[4] 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][4] Agnew, then a member of the legislature, was so incensed by the dissenting judges that he challenged Allen to a duel.[7] While Allen declined, Nancy's lawyer, Street, eagerly took his place.[7]
Although Nancy was not freed, the case was considered instrumental in turning public opinion against slavery.[6] 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]
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.