The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-13

BEEN naa1s under thsE suiAorisy Instead Of that the
s1ah was voluntary oIs: man with an uspsonosnSs
s ss VINO ana xS Ss
81 Canade those Of this country, made voluntary an
dayit ne writ Of habeas corpus was gIs.sed, and i'd
and to the Governor Of Canada, civil ocer with mill
tary powers writ Of habeas corpus might with as
much propriety addressed 70 the Governor Of Now
gate and the Duke Of Cambridge he spoke the
sentiments Of some Of the ablest lawyers in this
Of Queens Bench had created great surprise here,
and he knew that IL had caused the greatest con
stsrns.on IN me colony In these ne made
planned that their rights had been violated The Court of
Queens Bench doubt, founded its jurisdiction on the
treaty but the best authorities in Canada called ques
the power Of any authority In this country TO do
so-they called in question the treaty making power
The colony had government and Legislature Of s
own, and was competent TO perform all the acts that
WAS PROVISION made for appeals from the decisions Of its
courts Of law. If was dissatisfied with the de-
tision Of Of the ordinary courts he had right Of
could appeal to the Privy Council That the only
mode in which the Judgments Of the Canadian
mode it was However able and learned the
Canadian Judges might be- they themselves ready
erudton Of the Judges Of England 10 send writ 70
Canada 70 take man out Of the country and bring him
1s 2 3 ys va the
the coony and especially Of Montreal reoiced to think
that they had got rid Of the responsibility Of this case
ind were nearly Illuminating their houses but st they
wished that the thing should be done legally and Al
the expense Of their rights The ordinary course of ap
peal had been passed over; writ Of habeas corpus had
been sent over and officer sent with 70 receive the
man. II was rather humiating proceeding TO
on such an Grand considering the he was sure to
receive The answer would be that In Canada they did
not recognise the authority Of such Court He certainly
wished that they would deliver the up
occur again HsarS No one pretended % say
rights Of Canada in what had been done BE sup.
posed the judges Of the Court Of Queens Bench had
that there were such places as Guernsey Jersey, Alder
ney and sark laugh He took il for granted there
map, but he had never seen it, and who
bad. "a laugh) The Judges Of the Court Of Queens
hea) with regard to the orders sent by the Duke Of
Newcastle to Canada, he should like 10 know first Of
all what authority he had 70 send orders at all The Co.
time, and when it did it usually did 80 in wrong
manner "a laugh He hoped the oorrespondence would
other colonies too might be able to see what these
ders Of the Duke Of Newcastle were and whether they
nominee Of the Colonial ONCE the Governor Of Canada
often In communication with the Colonial Secre-
tsIy and there might Be many occasions on which u
the Governor, md to recommend that he should take
such and such course. But orders were public docu
try was not to be governed by orders that not to be
seen. Hear hear) The government Of constitutional
Governor,
with the advice Of his Council IT, therefore, any order
went out which directed him 70 pursue certain course
without the advice Of his Council, it would be contra
vention Of the constitutional rights Of the people Hear
The Duke Of Newcastle had been recently in Canada and
had seen there the noble reception given TO his Royal
sasm and heartfelt demonstrations Of the people
not demonstrations got up, as in neighboring
country, by means Of spies and police, but hearty,
honest outbursts of loyalty and aecton-(hear hear-
he might have seen what the character Of those
nj n IN mt nm with xvha
they considered slight Or an insult: Hear hear) He
took for granted therefore, that the Duke Of
orders contained nothing that unconstitutional But
the production Of these orders refused he would
which he wrote to the Mayors of the Of
Canada. (Hear) It might be said that this was only
These were not people to put up with although
they would do anything they asked in civil language
lHear) The difficulty arose merely nom their having
been badly managed. He would, however, say no more
this subject would probably at distant day be
brought before Parliament He would con6ne himself at
present 70 asking the Under Secretary OF State for the
Colonies for information the extradton Of the
rican slave Anderson, In custody In Canada, and
passed relation thereto between the secretary
state for the Colonies and the Governor in Canada and
for all orders issued thereupon.
Mr. G. FoRnscus did not intend to follow the honorable
and learned gentleman into the he had made
as to the conduct Of his noble friend in his dealings with
the OraDgemen OF Canada he glad 10 hear it
intended 10 give his noble friend an opportunity Of usti
yDg himself in another place. and in his hands he should
however, spoken in OF complaint which he felt
would not be echoed in Canada, or the efforts made
for securing unfortunate fugitive afu and fair con-
sderaton OF his rights He represented that there had
the acton Of the Court Of deems Bench 10 Iondoo the
Judges OF which thought t their duty upon applca
ton made not By the government but private parties
TO iseue writ OF haoeas corpus not his duty to
discuss either whether the Queens Bench were legally
entitled 70 issue that writ whether if they had such
view taken by the Colonial Office amounted to this that
along with that writ despatch sent by his noble
friend to the acting Governor General Of Canada that
in the event Of bis being called upon to take any
action in regard to that writ he should DO guided by the
TIE rights OF the Csnadas was written by his noble friend
with great prompttde and readiness when he heard from
Sir Edmund Head who was then in this country that the
Court Of Queen Bench ct Toronto had that udg
ment which vel known to the Louise and the country
Considerable misapr ehenson existed the
mnded Anderson TO prison. but did no more The Court
Of Queens Bench had the power Of setting free
deliver Anderson Up 10 the American government was
mot within the competency Of any court Of law Cneers
II was admitted BY Chief Justice Robinson that the
power Of the government 70 surrender fugitive could
lot be affected BY anything said or done In the Court Of
Toronto Il was impossible 70 agree with the honorable
Of State FOR the Colonies had right to address the
Queens representative in Canada this subject (Hear
not between the colony Of Canada and foreign Power
but between the Imperial government and the United
castle writing to the Governor General Of cansds sad
III the result should be adverse the prisoner you will
bear IN mind that under the treaty he cannot be delivered
70 the Crited Slater the action Of
only by under the band Of the Governor
General OF Canada Tine OF the gravest possible
character and her Majesty government not Salts
ted That the decision OF the Court Is m accordance with
the views Of the treaty hitherto held by the authorities
in this country. You will therefore abstain from COM
plene the exradtion any case TN l the government
have an opportunity OF considering that question:
Hear, nearl The Governor General had Acknowledged
the receip. OF that despatch and the government now
had he matter under tie consideration. the pro
ductior Of the correspondence would not add TO the
substantial knowledge Of the case possessed by the
House, would IL be desirable that transactions OF
:his delicate nature, which might give diploma
tic correspondence, should DO laid before Parliament
their presen. stage The delivering up OF the prisoner
Was not IN me hands o. any court OF justice, but in tho
hands Of her Eaestys and there the House
might very ss.ey cave Il. (Cheers)
Free Negroes OF the west Indies.
From the London NewsSFeb. II
Yesterday public meeting held at Wills Rooms,
nnder The auapicea Of the Banfe xieaansIy and