The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-29

Supply cation OF every society which car "a
tlsiy US o. s sni'y 10 grow what We want, within
own deptndences or elsewhere The case is in our own
nanof Australia or India could give us all We want;
put no without come pains on own part We
our orr 7r1w; bat be ready % d,s,sn, ,a,L an,
on'omt Ame ,con co,l which cann NJ go 10 oro,o "a
an atmosphere Of roiuica, and SOCIAL revolution.
What England Thinks or the blockade
of the Southern Ports.
from the London Poet, Jan I2l
me DANGER which rs TO b. appreheuded arses not so
mnch from South Carolina (which If ert TO herself eau
not IN the slightest degree dsarrange the balance of
power upon the North American contnent) INIT in the
seatn ~ three separate c0nfedcf aciesrst south
ern States secondly Of Midland and Western states and
thdy Of Northern stateseach Of which will have dit,
fercnt and antgonstic Al present the notion
appears to prevail thai IL South Carolinx should
Dc supported by Georgia Alabama Texas Iouisi.
ana and othr slave States, the North may be
driven INTO some compromise by means Of Viz
gina as Kind Of general arbitrator We do not
thnk NAT the free States will purchase peace the
10 pesrve the Union they have made many sacrifices:
but they cannot further TO submit 10 the AFRO
giant dic'a'n q the South They have, If they please
both the power and the means 70 compel the obedencs
OF south Carolina They have only to apply that re-
belIions State the ordinary laws Of maritime war
fare 10 Intercept the cotton trade, dill the seas
with their irvaieers and 10 bring disaster and ruin
upon the export IL slave produce. But the posi-
ttD which South Carolina has assumed is not without
interest IA importance TO this country. IL England
to recognise the de tda0 government which exists in
the stac, and to receive the ambi which South
S;u0nuh rs about 10 send To tnis country armeu With
otrs OF free trade, WHICH reality would only cover
and eealize thu most detestabe traffic which DIS
g,accd humanii, -c"Dpusory labor and s,ealing9
We befte that The Brush goss7nm ood retrun from
treating a7h such HE President has
hod an o,7srfun' ~ explaining tay upon his policy,
and Of sh wing to the world whether Or moi tna frse
States OF the North are willing, for the sake Of
preserving a worthless, unsubstantial union, TO
give in espife extension 10 the Of slavery.
pcrole geaf a,JIe IF he ustry of thus counry
atNa te e.T w unpopular an fngtind AMI m he United
Stnts DE evh u possible s 70 be avoidei bit It Is
han dly 10 b. expe'ea that ID the ace Of revolutionary
'orce the North will from Just rights or that
the south will in the moment Of
advantages which Mr. Buchanan has placed in hands
AT this d.. appears strange to speak Of the balance Of
power upon tie American couMlent Washington 10
his farewell address, speaking o the Uoon ma 70 use OF
these memorable words He old his fellow. cltzans
"that they should cherish cordial, h,b,tusl and
innovahe attachment TO and them selves
think and speak OF the palladium OF their political
liberty and prosperity" This great work is about to
pass away; in fact, u has been shattered s very
ictu be ur,nJer' I'd b Canada which shows pros
pery and con'entment that monarchcal institutions in
reality constitute the hest and
rational an well REQUESTED liberty In England the SYM
paihy OF the pc pie is with the Northern states No
desires to witness the ACKNOWLEDGMENT great friend
y and ccgnaie nation this object should be 4ccom
pshed the blame will the DO ple of the south
whose treason rebellion have abetted
by the iemporzng and cowardy policy Of Mr. President
Buchanan.
The Canada Fugitive Slave Case.
OF ANDERSON.
from the Iiverp0 i Mercury, Jan. 10
Court or QuEys's BErcH-Re Anderson ii Before the
Lord Chief Justice Mr. Justice Hill, Mr. Justice Black
burn and Mr. Justice Crompton la this court yestr
day, Mr. Edw in James Q. c., with whom Mr. Soily
Flood Mr. g. Allan said he had 10 apply 70 the court
Governor OF the province Of Canada, and the sheriff
and aler OF the city OF Toronto commanding them to
bring the body Of John Anderson, Illegally de-
tanned prisoner In the jail of that city He asked their
loiships to include the Governor Of the province the
writ under the authority Of what known the St.
Helena case. The affidavit on whih he moved
founoed upon the precedent Of the Canaia case ami
was sworn by Mr. Lewis Alexis Chamercuzow, Of No.
iIeman then read the sindavit. In its arst
paragraph Mr.. Chamerouzow swore that John
Anderson, British subject, domiciled in the city Of
Toronto, illegally detained in the jail Of the city
as prisoner without even having been legally accused
OF any CRIME, legally tried sentenced for the
mifson Of any crime known to the law Of the province
Of Canada or any other part Of her Maesys domnions
And IN the second paragraph 1t that the
was Of the greatest and that unless redress
speedily effected John Andersons life exposed TO the
greatest danger) In moving for the writ all he had to
do satisfy the Court that II had authority
H. for he had doubt under the peculiar circumstances
of the case their ordfhps would hesitate exercise
their authority If they once came to the conclusion
that the power was vested ia them. The propo-
sition for which he was prepared to contend
Of hAbeas corpus any part Of her Maesys
Canada, originally part Of the Continent OF America,
was cooDzed some few years before the ascension Of
JONES instance ne ToCOueCteu
being granted by the Crown authorizing emigration to
Canada about the 18th of James L. ami 1t did appear
that originally the whole OF that portion OF America was
called plantations Canada belonged TO England until
the 1888, when II was coded to France. II
taken, however, by England M the year 1859.
Mr. Justice Hill-The statute IA Geo. Ill, cap. 80,
rectes that then part Of the British possessions
The Chief Justice-ihat is enough for your purpose,
Mr.. James.
Mr. Justice Hil-The eleventh section OF that statute
declares that the criminal law OF England is TO prevail
throughout the whole of the colony.
Mr James then proceeded at great length to contend
that any part Of her Maestys dominions espe
cialy where the Laws which governed those domnions
emanat.d from her Majesty in Engand-her Majesty had
q right TO know what bad become OF her sub
jects BY the common law Of England the writ Of haDeas
corpus lay at any part Of the Queens doninons The
"Bacon's Abridgmentv Haoeas Corpus letter b. which
spoke Of the places to which the writ might be granted
II there aid down having been hello that the writ
Of habeas corpus lay to Calais 1t the time subject
to the King Of England Up TO the time Of act Of Par
lament having been passed by the Irish Parliament the
King 3 writs also lay to Ireland.
The Lord Chief JustceThere Is no express case Of the
writ having been tsued 70 Calais '-s's--
Mr.. James-Oh, yes; and very remarkable case IL
reign Of Richard H. The writ was Issued TO the Governor
OF Calais TO bring up the body Of Thomas Duke Of Gloster
That To be found in Try mer's F1dera-"
Mr.. Justice Backburn--f remember rightly, the
writ issued by the House Of Lords sitting court
OF justice, and II but act Of habeas corpus ad
respondendum, not subjiciendum.
Mr. James then quoted the judgment Of Lord Mansfield
In the "King v. Burroughs, and the "Kng " Cowel
ia was ber WICK case, 'Ihe
Queen Crawford, the Ise Of Man case and the judy
ments of Mr.. Justice Paterson and Mr.. Justice Erie
thereon Likewise "vattel on the Law Of Nations =
book IL, cap. II, sec. no. Campbell " HAIL. Hoop
ers Reports page 2o and the judgment Of the court In
that case.
Mr.. Justice Crompton--In Cowells case IL admitted
that the town Of Berwick was not subject 70 the law Of
Scotland.
The Lord Chief Justice--The question was, had he
power 10 issue the writ In where there
independent Legislature and independent udcatures
The Of the Isle of Man certainly great favor
Mr.. James--Yes my lord, there local courts; yet
has been decided at all events since the passing OF the
act Of George H. which vested tho island In the King OF
England that this court has the power 10 issue tho writ
Of habeas corpus there. Likewise In the 81 Helena case,
the writ Of habeaa corpus ad subciendum granted
by this court Tho learned counsel then proceeded 70
argue at length thst the existence OF local judcature
did not abrdge tho Of the Of Eng
land and their ordships represented the crown Of Eng
land II the present application refused he might
appear before the Court Of Exchequer and make SINH.
Lar application there for II would be answer 10 him
TO be told that the Court Of Queens Bench had refused
compliance Their ordships not asked 10 interfere
with any Judgment. Tbs prisoner was not in custody
under conviction Ia thes local cours 10 the Jersey
the application was made under the common law