The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-02-06
BALTIMORE.
WEDNESDAY, FEBRUARY c, 1851

WEDNESDAY, FEBRUARY c, 1851
The case Of the negro ANDERSON, which has
lately occupied the attention ofthe Court of Queens
Bench, threatens TO bring the English Judiciary
into conflict with that of Canada Our readers
will probably remember that ANDERSON was a flu
gitive slave who succeeded in making his escape
to Canada. After remaining in that province for
some time he returned TO Missouri and whilst
there resisted the attempt which was made to ar
rest him; and in doing so, slew his pursuer, and
again escaped into Canada. By one of the provi-
sons of the treaty entered into between Great Bri-
tain and the UNITED STATES, in 1913, it was mutu-
ally agreed to surrender fugitives from justice to
the authorities of the country where the particular
crime had been committed, and from whence they
fled. Under this clause of the treaty demand
was made by our Government upon the Canadian
authorities. The case came up for trial before the
Court at Toronto, and the decision left no doubt
that ANDERSON would be delivered up to the UNITED
STATES Marshal. But before the final issue was
reached the case ELECTED the attention of the
British and Foreign Anti-Savery Society of Lon
don, who employed Mr.. EDWIN JAMES, the ceebra-
brated English barrister, assisted by Messrs. SOL
LY and FLooo, to bring the case before the Court
of Queens Bench. 1t came up for hearing about
three weeks ago on application for writ Of haJeaS
corpus-Mr. CHAMERoUzoN, the Secretary TO the
Anti-Slavery Society, making the necessary oath
that ''JoHN ANDERSON, a British subject, domi
''ciled in the city of Toronto, was illegally de-
Claimed prisoner in the Jail of that city," &C.
60 ND H.
his life was in danger. Several precedents were
cited by Mr.. JAMES to show that the Court pos
sessed the power TO issue the writ, especially as
Judgment had not yet been rendered by the local
courts. 1t was nevertheless felt by the Lord Chief
Justice thatit was adelcate matter to interfere with
the proceedings Of an independent Judiciary, and
that the question might become q very serious one
if the writ, after being granted, were treated with
contempt by the Canadian authorities. 1t was
finally concluded, however, that the writ ought to
issue, although it was acknowledged that the as
sertion of this right of jurisdiction ''might be
Thought inconsistent with that higher degree of
Colonial independence, both legislative and Judi
''cal, which has happily been brought into effect
Tin modern times" BY this decision the case
is transferred from Toronto, Canada, to the
Court of Queens Bench, London, if the writ
should be respected by the Canadian authorities
Herein it is that the question begins to assume
grave aspect. The people of Canada claim that
they possess Court Of Queens Bench, ''expressly
"vested with powers coordinate with those of the
Queens Bench in England and that under the
guarantees of the Canadian Constitution, writ
of habeas corpus can only issue through the Cana
IN last Tho
reached Toronto, and we learn by Geographic
despatch, which reached us yesterday from that
city, that the Chief Justice of the Court of Com
mon Pleas, has anticipated it by the issue Of
another writ of haJeas corpas which is made re-
turnable to his Court. 1t is moreover stated, as
being the unanimous opinion of the Canadian
Bench and Bar, that the English Chief Justice has
exceeded his authority by attempting to execute
a writ within the jurisdiction of the Chief Justice
OF Canada. Thus the matter at present stands
1t is easy to see that this conflict of authority NAV
olahs are proud or the quasllndependence which
they have so long enjoyed, and although pro-
'esslng devoted loyalty to the English Crown,
are tenacious Of their prerogatives In Upger
Canada, which is by far the wealthiest and
most populous portion of the Province, there
4 III,
tam classes of the population, a vague desire TO
throw off their political connection with England
and to establish an Independent form of govern
ment. This feeling has found expression On sew
eral occasions, and has been greatly increased of
late by the opposition which has grown ND be-
tween the Orangemen of the Upper, and the Cath
ollcs OF Lower Canada. IF ever there was n time
when it might have been supposed that all such
manifestations would have been suppressed. il was
on the occasion of the visit of the PRINCE OF
WALES; but even then the spirit of faction rose
for season, above the instinct of LOYALTY, and if
required all the reticence Of the PRINCE, and all
the firmness of the DUKE OF NEWCASTLE, to quel
the obnoxious demons tration. This temporary
check, as may well be supposed, has by no means
tended to make the feud less bitter than it was
BEFORE or to increase the attachment of the Or
angemen and Chartists of Western Canada to the
British throne. A still deeper interest in the
question of separation from the Mother Country
has been ELECTED recently, in Upper Canada by the
campaign speeches of Senator SEWARD, during
the last Presidential canvass, in which he specu-
lated upon the probable future of the Brit.
ish possessions in the Northwest. Those
and significance since the secession of the Cotton
States from the Union; the imminent danger
of a complete separation taking place between the
North and the South, and the erection of the two
divisions into distinct and independent Republics
1t is true that the Western Canadians have, as
yet merely toyed with the idea of uniting their
fortunes with those of our Northern States but it
is, nevertheless, evident that the sentiment in favor
OF annexation is one which any ill-advised course
on the part of the British Government would have
the effect, at this juncture especially of developing
very rapidly. If then, the English Court of
Queens Bench determine to enforce the execution
of the writ of haJeas copus in the case of AMBER
son, and to convert, in the language of the Tor
onto Leader, "the Governor-General of Canada
into Bailif," for the purpose of carrying out its
behests, the opposition which the Canadians have
already evinced to any invasion of their fran
chises, may, as in the memorable instance of the
old thirteen Colonies lead evenuallysto the adop-
ton of such steps as will result in severing the
slender ties that now bind the Province to Great
Britain.
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