The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-02-15
THE JEFFERsONIAN DEMOCRAT.
Collision Between Canadian and En-.
Rlish Cnnrta in the Anderson Case.


The case of tho fugitive slave Anderson
bids fair to take prominent place 10 the
history of tho present century. The ulti.
mato disposal of that ono negro may ma
teriully affect the position of Canada toward
the mother country, as we'll as towards tho
United States. Tho history of the case is
familiar to our readers. Anderson, pursued
10 his flight from Southern slavery, turned
ou his pursuor. Tho latter also turned and
| fed. Anderson followed and killed. hiIn
whiisi both tUere running Sonhonrd From
| that last fuct arise all tho complications in
! tho case.
| Anderson escaped to Canada, was arrested
thero at the instance of parties from tho
Unitod States and application made for his
extradtion undor the provisions OF the Ash
burton Treaty. Tho case was ably argued
and carefully weighed by the judges. Tho
! Treaty provides that tho nature OF tho crime
shall bo determined according to tho laws o.
tho place where the culprit is found. An
dorsOn was arrested in Canada, whero
slavery is not known to tho laws, and WHORE
person fleeing from pursuor who med
itatus murder or an Illegal restraint from
liberty, has right to defend his life or lib
erty BY fOrco, Il necessary. But when tho
death blow was given, Anderson, instead of
!
his victim In tho opinion of Nho majority
of tho Judges he therefore became mur.
dcrer, according to Canadian law, and camo
within tho scope of the Extradtion clause of
tho Ashburton Treaty. An appeal was
takon from this decision, and, pending
farther proceedings, tho prisoner was lodged
in Brantford jail.
The news of the decision was received in
England with astOnishmont ana Indignation.
Press, Bar and People unanimously con.
demned t,and ridiculed tho nice distinction
! between lawful resistance and wilfui murder
on which il wns based. 1t was claimed that,
at tho tino of tho homicide, Anderson was
still flying from slavery, and that in turning
on his onomy thoir relative conditions as
pursued and pursuor were not changed. A
| writ of hubsdS corpus was issued from tho
Court of tho Quccn's Bench, commanding
the removal of the prsrnor 10 England for
hearing. Tho announcement of this
action was received by the English Bar with
applause.
Far different was its reception in Canada.
Indignation at the assumption of authority
by the English Court over Canadian Court
OF concurrent jurisdiction, has been followed
BY determination to resist such an arbi
trary exercise of power. Tho Toronto Court
OF common l|edS Hhs lSsupu u VIII Ol HuUcut
} corpss. and conflict of Jurisdiction seems
inevitable. There is but one precedent es.
tablishiug the right of an English Court to
issue writ of habraS corpus for u colony
that of tho Queen rs Lee, and that, it is
claimed, has no relevancy to the present
case In tho instance mentioned, tho colony
was tho littlo island of ST. Helena. morc
dependency, having nothing in common with
solf governing Province like tho Canadas
The Toronto Leader. the organ of the
} Canadian Government. is outspokcn in its
denunciauon of tho English Court. 1t in.
: Inmates that tho messenger from tho Court
of Queons Bench will find no officer "a
) assist him in tho execution of his duty. and
. that no will bo in danger of imprisonmonl
; tor eavoring 20 execute an illegal juris
b. dicton. 1t significantly remarks that
, Canada has obtained Dimensions that ron
: ders it impossible that any attempt should
I be mado to reduce us TO tho condition d
! Crown Colony. But in respect to our ju
. dietary this attempt IS nothing less
! Since tho above was in typo we SEQ by the
; telegraph that ;he Canadian writ has OBJ
] tanned precedence in tho Canadian Cour
s over the English writ Cirpeiand Heraid.
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