New-York daily tribune., 1861-02-18
THE ExTRADI7YON CASE IN CANADA.
ANDERSON BEFORE THE COMMON PLEAS.
u. AL.Dt..LI

IOROSTO, Feb. y, ls6l.
TITS morning, at 10, O'Clock, Anderson was brought
before the Court Of Common Pleas on wrt OF habeas
corpus r.,,-
Present Chief.Justiee Draper, Justices Richards
M1, Frceman. Mr. Matthew Cameron, and Nr.
Hodpus appeared for the prisoner; Mr. Eeces and Mr.
Harrison for the Crown
There were no Manifestations Of excitement lhe
Court room was filed but not inconvenientiy crowded
Admission was by tickets issued by the Sherii Andcr-
son Did not look much in consequence OF hs long
confinement. c,.a
Mr. Freeman read the returns to the writ by Sheriff
Of Bralt, ard Matthews, the committing magistrate
the original commitments that by the Court OF queen
Bench after Intellectual application for discharge, and
the whole Of the evidence received by the magistrates
He then proceeded in a speech of great length TO
establish the following propositions; - ..,,-,.o
J. That prisoner entitled to VIII, snd upon return 10
hse Inquiry by t Court into matters CHARGED against him
That evidence is not sufficient TO put Anderson on H
trial for the crime Of murder assuming that he Is entitled 70 As
III reT requires that the charge should frs, be laid in
the United by Federal ocers aud the evidence does not
show hsi any charge las Geeh aa se 80 hs 10 ,dgirIer
Misson the evidence does not show that state had any
o s Ho @ s' h. peS uSn T % had ts power na.mSch shs
but Municipality relation TO other Government ana the
IT, i 1' word adei the esy murder aocodlnS
10 the laws both countries and not that the omo oAsou
4. 10 be determines By the laws Of Canada :,
While arpung the first point Mr.. Freeman was
interrupted by Mr.. Ecclcs, who said the Attorney
General did not take exception or obJecuo 10 lHe
robt of Anderson 10 have the writ or right TO have al
The circumstance under it inquired into. lie had
given his consent 10 the present proceedings ana was
paving expenses.
Mr. Freeman then argued the second point, and
quoted Blackstone TO show what according to Brilsh
law were AnGeIsOns rights as human beng aud
conicDded that by express provision OF British law
Anderson was entitled, even by force OF arms, TO
defend himself against an encfoachment on those
rights lie read from Works on Slavery 10 show the
horrors Of the state to which Diggs sought 10 send
Anderson back, citing authorities 10 the enect that
IL, r,tbt fbau
Cobb on Slavery an American work, 10 show That me
violation OF the chastity Of female slaves carried with
it other damages than the master may recover Tor
trespass on his property. Where that nght was not
protected it might be assumed that every other Tlgt
was lost TO slaves. lie cOnended that the act OF the
prisoner was 10 than necessary act to protect
him from the horrors TO which be would have been
subjected had Dgges returned bin, and therefore not
murder.
On the third point, he contended that under the
treaty il was improper that should take the lDitE-
tive in reference 10 a charge OF tins nature IL ough
TO be instituted in the country which claimed alleged
offender.
The fourth point he aIgned that Missouri had 10
power 10 make these aws-ths it was not within the
authority delegated to her by the United States lie
comTared the relations otthe State 10 the Federal Gov-
errent with the relations Of County Councils to the
Canadian or British Government.
Chief-Jusce Draper and Judge Richards dissented
from this view and said the theory was that States
were sovereign, and from them the Federal Govern
ment derived delegated authority.
Mr. Freemqn on the fifth point, quoted from debates
in the British Parliament, 10 show The intention o In
gsh statesmen in framing the treaty, and dtcd als9
various established rules Of Interpretation, and argued
from them that the Interpretation given by ChclJu.
tice Robinson TO the pTOyis0 III the treaty was wrong
lie contended that the word evidence IN the SEN
tence such evidence Of criminahy as would lnsliiy
apprehension and commitment means facts proven by
testimony.
Mr. Cameron, after few words in support Of Mr..
Freemans first point to the prisoners light 70 writ,
Ia TO int afs.ftt. al
statute. lie cOntcnded that the statute mus. not be
considered within the category Of remedial laws for
principle therein involved applied only TO tho construc
tOn Of laws operating within our own country. This
statute must be considered by the rules Of Justice not
of echnicalities, that the nature of the olenfe
charged may not be investigated If that done,
il would appear that the accused had at most, been
only guilty OF manslaughter, aud could not be de-
IyeIed up, as that oiiense did not come within the
treaty Again, Great Britain had engaged TO give up
criminals guilty Of murder as that crime under
stood in both countries The STATE oil hssom ask Tor
rendition OF fugitive 'laye upon charge which was
murder only within municipality OF the United Sdtes.
The law OF murder in Missouri was not the law Of
murder in the United States. II was contrary 10 the
Constitution man kept IN slavery Was deprived o.
bis natural rights, and was therefore at war with
h. oppregsor Anderson had been guilty OF political
oftnsc in killing Digges, and therefore eond not be
surrendered
10 be called In TO aid the Judges IN determining the
meaning of the treaty that Digges was acting IN oee-
dence 10 the laws 0 that State at the time he was
stabbed and that the question under the treaty and
under the statute was not whether the prisoner was
0uilty of murder: bat whether the evidence Of Grim
fnality was deemed sufficient by the Justices according
10 the laws Of this Province.
Mr. Harrison took similar grounds and cited nuInei-
ous cases in support Of this argument.
Mr. Freeman made general reply.
Considerable argument took place between judges
and Counsel as to the suiciency Of the original war
rant of commitment, whether IL clearly sPeclcd the
~ u-ich Au1erk0n's eXtTuQltlOn
claimed and their lordshps stated that they hoped 10
be In position 10 give decision on that point on Sat
day next.
Tho proceedings lasted nearly uiae hoars,