NOTL Black History #3: The Moseby Affair

by Karen Couch
3 years ago
Near Niagara-on-the-Lake, CA

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In 1793, here in NOTL, or Newark as it was then known, Lt. Governor John Graves Simcoe championed the passing of the Act to Limit Slavery. This was the first anti-slavery legislation in Britain, and set the stage for the end of slavery. This came 40 years later! On August 1, 1834, British parliament passed the Abolition of Slavery Act, completely abolishing slavery throughout it's empire, including Canada. Legally, this sent the message that society considered slavery to be morally wrong; something to be fought against. With the abolition of slavery in UC, many African Americans slaves fled to Canada. But what if a former slave was a criminal, and fugitive from US justice? should Canada provide criminal slaves asylum? This question was put to the test in 1837. We'll now walk to the site of the former courthouse where the case of SOLOMON MOSEBY was ruled upon, and Canada's first race riot took place.

1. RYE PARK: On this site, in 1837, the town's courthouse and jail once stood. At that same time, Solomon Moseby, a Black slave, living in Kentucky, took the risk and rode the horse he was given to run an errand, North, to freedom. Somewhere on the 900 km journey, before he crossed the Niagara River, he lost or sold the horse. Solomon settled in and made friends who supported his quest for freedom. Unfortunately, several months later, his former owner came with a court order from Kentucky for Moseby's arrest for horse theft. Simcoe had been returned to England and Sir Francis Bond Head held the Lt. Governor position. He upheld the court order and had Moseby arrested and placed in jail. Herbert Holmes, a teacher and preacher as well as Moseby's friend and freedom fighter, rallied supporters white and black to defend him. They did not want to see Moseby returned to slavery, nor did he want to go quietly. 'How could a piece of property, like a slave, be charged with stealing a piece of property? Petitions were signed but Bond Head would not change his ruling. he felt that if he failed to honour the warrant he would set a precedent for future criminal asylum seekers (even though the 1834 Act gave the Lt. Governor the power to decide each case individually). While Moseby awaited extradition; The local preacher and teacher, Herbert Holmes, put out the call and 200-300 blacks gathered in Niagara to keep vigil at the jail, hoping to obstruct attempts to move him. Sympathetic whites provided food. the sheriff postponed the extradition for 3 weeks, hoping to tire the crowd. finally, on the day of his extradition, the sheriff called in military troops from Fort Erie to escort Moseby to the waiting boat; a riot ensued in which Moseby escaped; one of the guards shot Herbert Holmes and another bayoneted Jacob Green, and 40 people arrested. Following this court case, Holmes death was ruled justifiable homicide and there was insufficient evidence for the jury to rule on the death of Green. The battle was not over, the newspapers continued to debate 'were the rioters right or wrong?'' The people's anti-slavery sentiments were growing louder. a month later another fugitive slave was charged with stealing a horse; the LT-Gov did not want to rule, and sent it to the colonial secretary; Lord Glenelg preferred flexibility; each case should be judged on its own merits; he did suggest a guideline however: SLAVES SHOULD BE CONSIDERED INNOCENT IF THEY COMMITTED THE CRIME IN ORDER TO ESCAPE, AND NOT FOR "FELONIOUS INTENTION". this policy guided future claims to extradite runaway slaves; and helped establish Canadian extradition and refugee policies that are still used today. carry on to the site where the martyrs are said to be buried.

2. NEGRO BURIAL GROUND (Mississauga St. near Mary); where Holmes and Green are said to have be buried. A Baptist church once stood here, erected here in 1830. predominantly Black congregation; the church moved but cemetery remained. It fell into disrepair. the lot was used by the Wesley family. (George was a Black freedom seeker from Kentucky). They lived where today is 519 Mississauga Street, across the street. The remaining headstones belong to George Wesley Sr. and Jr., and Susan Oakley (the daughter of white minister who founded the church).

The Reverend John Oakley, a white minister, came to Niagara around 1814 and was appointed charge of the militia stores at Fort George. After his military employment he became both a teacher and a preacher. John Oakley was the Reverend of the Baptist Church that once stood where the burial ground is today. He helped to raise the funds in order to build the church.

3. ST. ANDREWS SCHOOL HOUSE (323 Simcoe at Gage); Presbyterian congregation formed in 1794, school house in 1802; part of school used to educate Black children; only school for Black children (show picture). Herbert Holmes ran the school until his death at the Solomon Moseby Riot. Holmes a martyr to the cause of Black freedom.

Now continue past Forts Mississauga and George to Navy Hal