The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-04
Progress OF the Revolution In Canada
Resistance to British Authority.

We published yesterday a telegraphic de-
spatch from Toronto stating that the English writ
of babeas corpus had arrived in the case Of the
negro slave and murderer Anderson, but that
tho Canadian Chief Justice of the Common
Pleas had likewise issued o writ of habeas cor
pus. There is thus an irrepressible conflict Of
jurisdiction. Both the Canadian bench and bar
are unanimous in the opinion that the course of
the imperial tribunal is unwarrantable.
In another column to-day we publish an article
from the Toronto Leader, the organ Of the Ca
madam government, commenting upon the de-
cision Of the English Court Of Queens Bench
by which it is attempted to override the decision
of the Queens Bench Of Canada. which is made
by the Canadian constitution coordinate, indie
pendent tribunal, equal in authority and power
to that which sits at Westminster Hall. The is.
sue of the writ of habeas corpus by the Eng
lish court ''has fallen like bombshcll upon
the Canadian community"
The observations of our Toronto contempt
rary on the subject are excellent. The out
rageous Illegally of the order Of the English
court is demonstrated, the statement of Mr.
and it is shown that the principal ground on
which the case rests, namely, that the negro
Anderson is British subject, is an abolition
falsehood. 1t was sworn to by the Secretary
of the Anti-Slavery Society, man with very
hard name, and who, according to our contem-
porary, swears pretty hard OATH man
who mot only sets up his opinion in opposi-
a. 20 -
Bench, but in effect swears that he
is right and they are wrong 1t was
not contended on the trial in Canada that
Anderson was British subject, where it un-
doubleday would have been if the fact were 50,
seeing that it would materially help his case,
and the editor of the Leader observes that .this
is the first time he has heard it alleged that the
accused is subject Of her Majesty" Well,
therefore, may he characterize the proceedings
as of the most extraordinary character"
But whether the Canadian court was
right or wrong is immaterial to the
issue now raised between the colony and
he mother country. 1t is no less an
issue than whether the independence which
the Canadians supposed they had obtained for
their judicature is TO be practically rendered
null and void by London court Of law, and
whether their whole constitution IL not ga
mockery, delusion and snare" The con-
stitution guarantees that writs OF habeas corpus
in Canada shall be issued through the Canadian
courts; but the London court supersedes the
constitution. "If," argues our contemporary,
If the Canadian Court of Queens Bench can be
ignored and set aside by an imperial tribunal,
where Is The guarantee for Canadian libertics'
II the judicial branch Of our government may
be trenched upon in this summary manner, who
is to guarantee the executive and legislative
functions of the government from invasion?"
Very pertinent and suggestive questions, which
will probably soon receive their solution in the
way the thirteen colonies OF old settled their
troubles with the imperial government. PRO
badly no similar attempt" says the Leader, has
been made within our day TO encroach on tho
liberties Of a free people" There is a similar
attempt now being made by the party who con-
trolls the Northern States to cncroach upon the
rights of the South, and IL is resulting In revo-
luton and the complete severance Of the ties
which hold the two sections together. III the
British attempt do not result in the same denoue-
ment, then we are greatly mistaken in the signs
OF the times. The Leader, which reflects the
sentiments of the people Of at least one pro-
vince, declares that Canada will not surrender
the Independence OF her judiciary, one Of "the
attributes Of local self government with which
she has been invested in obedience to q writ
from an English court, which seeks to ''usurp
a jurisdiction that belongs TO her own ,tribu-
nails" II is very plain, therefore, that Andcr-
con will not be sent 10 England in obedience
10 the writ, and then comes the tug Of war.
Will the mother country yield, or will she
fight! That is the question.
The republicans must be greatly delighted ut
this turn OF affairs In Canada. IL il q Godsend
to them. 1t preclpitatcs tho revolution there
faster than they contemplated. The programme
isbeins performed moro rapidly, hotl North and
South, than its author, Mr.. Seward, expected In