New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-21


to-" &c. But murder is emphaticaiy Sn1 w an
mems. with its preseu &c in q document OF su. W.
whelming Importance 20 this prisoners lie ana
az this warrant necessarily Ia unoer tne ~,
given to it, and 10 the Courts JnriSo,e,ioh V' :Sa
be case inst cited As evidence and the only evidence
Latore me NJ deliberate conclusion or adJudcatlon oV
a proper officer that living under the Prolec''n
al our laws has brought himself witiln tne grasp VI
<,aty for the delivery 10 aforelen Siate as
sccart;ny the words here used as legal descflp.
tive ofmurder The law describes this cI1n In WORDS Oh
use and pointed qnivocal .guihcance am
moi 10 conjecture that this necessarily means nruer
or 10 listen to that such words are 700 e'ropg
for manslauphter &c II Is sufficient for me 70 say
thai n mnr}er was meant, murder should have been
expressed consider this Thoroughly suostan,iAi
objection, not mere techniealty but us the want o,
an essential charge necessarily lata 70 we VANITY "
the detention am alro of opinion that the conclusion
of the warrant s defective although our provincial
act has the alternative which the statute governing
Resets case had not The statute directs commit
meut to Jail for special purpose, VIZ extradnon,
and not as in common OF an Indictabie ohense
where the legal deliverance shall surely as jail
delivery think that the commitment should have
strictly pursued the words OF the oct which alone gave
il any authority do not consider that the order OF
tie Court of Queens Bench affects the rights OF the
prisoner 90 ask Lis discharge from court OF coordinate
jurisdiction; be now stands Iemanded ON tie
original warrant, not rs in Rex agt. Marks, OLE.
charged from custody on the defective warrant, and
committed by the Court OF its original authority III
the arrant be bad everything falls with IL. Copsid-
eIDc the prisoner entitled 10 his discharge on these
grounds have not desired TO prolong his detention to
allow further time for deliberations Oh the other very
grave questions raised Nothing would be easier than
to arrive at eouelusion If bad the right 70 dispose OF
this Case simply, my ideas OF night and wrong,
or on the dignity and privileges of human liberty; IT,
In short could ignore my peremPtory obligation 10
decide according TO what believe the law is, and not
as / may think il oueht TO be. In LORD StoWeh
i...t H. ind aaanaA 1flQ l
ton have to consider not according to any private
moral appIeheDsons Of my own Qf 4 entertained
them ever 80 sincerely, but as me Law con
sidsrs it," Our treaty win the Chiseu ooi'eS
IL no; yery unlike those with France aud other pa-
tions, but for the unhappy presence on TINS cohn-
pen OF some milions OF our Acknowledgement lnvoun'
tary servitude, there would be little practical difhcnly
in its operation Bat the existence OF tbs hAGseu
race pre.euts Difficult les which have hardy been duly
proyi ed for in the international contract and rld
sdherenee to Of the constructions ably pressed
upon us in argument would possibly lead to the eIavest
results To treat this class as wholly excluded HON
the treaty as chatels and not responsible persons,
il ihtelgble in statement, but might have this result,
that If apart from any attempt al ffeedoDl Il slave
murder his f.llow-slaye or deliberately burn up
dwelling with lis inmates white or colofed, or
on the seboard commit piracy, &c. and ny TO CanHdA
be would be safe from punishment. Again, to test
fugitiye's criminality in every way AS II the act
charged were done on the coil where he Is arrested,
and 10 hold the crime incomplete unless eSe,{
countries, might insure immunity to the mass OF
offenders willie and colored. Resistance 10 merely
local law even TO the death in Canada or
Missouri would thus be no crime, and the logical re-
ouence might be that the white man UT the slave N
CUSTODY or under sentence for breach Of the law not
In force here might by killing bis keeper, vindcle
bis right escape from what he must thus hold to be
an illegal restraint Again, the doctrine that we must
accept every foreign law, be II right or wrong natural
or unnatural in our eyes readily be pushed to ex,
trayaguut results; As, for example. II II be declared
murder Tor the slave TO slay her rs'sher IL defense o
chastity or resist TO the death corporal punishment
dangerous 10 life or limb. Tbs Ia also inIellslble III
staten ent but would be revolving and uhbearaLle III
practical result Lastly, that the contracting parties
are to SUR ender refuge 10 surrender, according
to their view Of the justice or inJustee The equity
or tue inequity OF the law ssid 10 have been yio-
lated Tits must lead TO endless disputstione, ana
leave the treaty either 10 utter dsuse or 10 ca cios
and offensive execution. But the adoption or repud-
alton OF these interpretations may be altogether Tor lie
consideration Of the Governments OF the retpect'e
COUNTRIES on receiving the reports of the ohcer ap-
pointed BY law TO take the evidence against might've
OIL. Lders could have wished that The arguments
before ME had been more directed to the question
whether ii is in a return 10 viii OF habeas corpus
that these constructions 10 be discussed concur
ia deccing that the prisoner Is ehtlleo 10 his Gle
charge not without strong hope thai sneh m"diheA-
ton may before long be made In such treaty as may
uevent the recurrence Of such "a the present.
Mr.. Sheriff Jsrvis then stepped up TO Anderton ana
announced 10 him that lie was Tree! Andes son roee
from bis seat smiling and turning 10 the bench us re
left the Court, said " Thank you genilsmen-thAnk
your lordshps." lie was then conducted through the
Judges room into the center hall. On reaching the
front Of the building be warmly received by the
large crowd who had filed the Court, and conslrai;
ulated Oh his discharge. number OF elergymen and
others grasped HIM warmly by the hand, AID three
cheers were given for the " British Government, led
by an enthusiastic colored man. A sleigh was pro
cured a. the head OF York street. and into this Ander
son stepped, accompanied by AID Nssmh aud others.
The party drove to several place. iii the city, and IN
the evening comfortable boarding house was found
Tor Anderson. The news that he was free soon
know throughout the city, and every one appeared to
feel glad that the poor fugitive had escaped even by
technically, the vengeance Of the slave owners OF the
South.