The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-30

THE FUGITIVE SLAVE AND MURDERER AMBER
son TO BE TAKEN FROM CANADA TO ENGLAND
We published yesterday the decision of the
Court Of Queens Bench in England in the case
OF the negro John Anderson, now in the Jail of
Toronto, in Canada, claimed in virtue of the
ExtraditiOn treaty, from the courts of that pro-
vince, by the authorities of Missouri as having
committed murder in that State. The fact of
Hshe homicide is not denied; but it was claimed
by the counsel of the accused that the act, hav-
ing been done to secure his liberty, the de
ceased having attempted to detain him as a
| fugitive slave, is not murder in the eye o
British law, and that therefore the prisoner
ought not to be delivered to justice. But this
view of the case enormously assumes that the
nature of the crime is to be determined by
British law, and not by the laws Of the United
States, where the offence is charged to have
been committed; and accordingly majority of
the Canadian Court Of Queens Bench decided
| in favor of the rendition of the criminal Leave
was asked to appeal to the Court of Queens
Bench in England, which was neither granted
nor yet positively refused, but held in reserve
for future decision.
Meantime an application is made by the
counsel Of the negro to the English Court of
Queens Bench for writ of habeas corpus.
After apologies for interfering with ''the colo
NAL independence" of Canada, and expressing
apprehension that the writ may be treated with
contempt, the Court, evidently with great hest
tation, consented to the issue of the writ
"for the protection of the liberty of the SUBJ
ject,' it having been sworn by British aboli-
tionists that the Missouri fugitive slave is
British subject Thus Anderson and the Go
vernon of Canada are to be brought before the
Court, in order to review of the decision Of
the provincial judges. This is an outrageous
infringement on the independence of the Cana
dian JUG ciary, which ought to be resented and
resisted y - people and the Governor. As
for the Missouri authorities, they will have to
employ counsel to argue the case in the British
Court of Queens Bench, or let it go by default;
and if that Court should decide that the accused
ought to be surrendered, then there may be an
appeal on writ of error to the twelve judges,
and, finally, from them to the House of Lords.
II the latter should decide that the prisoner
ought to be delivered up, he will be safer than
before; for, according to the organ of Lord
John Russell, "the Foreign Secretary will never
he advised to surrender fugitive who has had
the misfortune to kill his adversary in defend
ing his own life"
Such is British observance Of treaties. BY
the Asbbarton treaty all that is necessary is to
present afiidavits, not to the courts, but to the
government stating the nature of the offence
and identifying the accused. The government
is bound to surrender him, and in this case
would have done so long since had he been
white man. or had the Union not been rent
asunder as it is.
This is but the beginning of our troubles
with the English government. 1t can now af
ford to dcspise us. Hence it Is that it will not
surrender San Juan Island, in Puget Sound.
Were the States as united as they have been
in other days, Great Britain would speedily
give up both the island and the fugitive from
justice. But if the British authorities snould
be so blind to their own interests as to refuse
to send back Anderson, they may expect re-
tsiatiou in this country, to say nothing OF the
feeling which such a course will be sure to pro-
ducc III Canada. There can be no doubt that
i'm the present temper and prospects of that
province and under the circumstances OF the
formation Of new Northern coufederacy, its
annexation will be FASTENED in a manner be-
yond what the slow coaches of England can
have any conception of. When the thirteen
colonies were ripe for independence, a small
matter prccipitatcd them into revolution. Now
that Canada is ready 10 throw of the yoke,
such an opportunity as interference with her
legislative and judicial independence will be
q godscnd TO her patriotic people.