The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-04
THE REVOLUTION IN CANADA.
Resistance to the Tyranny OF British
COurfa.

1NesAhtAnCe ~ Va nAAsAsA
Courts.
from the Toronto Leader, JAM 81
THE ANDERSON CASE IN OBSERVATION-DISCLOSURES
PROCEDURE.
The issue of If habeas corpus in the of Andr-
on the English fOgtof Queens Bench has fallen like
IatSkel upo. tis coy.p,uny There was an unwilling
TO credit the Geographic account but the arrival OF
the detailed reporto the yesterday set all doubt at
rest ProtoLiy similar attempt has been made avihin
day to rod h on tie bey.,es Of free people. Cana
da, great self governing community, with CONNER
cia tonnage than twice as large that or France is
compared to the Isle Of Jersey and the Isle
Of Man. neither OF which has population
larger than that of Toronto The precedents quoted
well enough for n crown colony; but 1t 50
happens that Canada possesses Court OF Queens Bench
expressly vested with powers ordinate with those Of
the Queens Bench in England; and that Court can be
sarane for our lsbeytiesp II The Judicial branch Of our
go,e, may le bcched upon in tsis summary manner
,ehO is to guarantee Tie ercu.,re and Legislative functions Of
themselves upon every mind as the report of this extra
ordinary case Is read.
The whole proceedings in the English Court of Queens
Bench are OF the most extraordinary character Mr..
Chame Secretary of the Anti Slavery Society who
has no personal knowledge of the facts, swore that
John Anderson British subject. domciled in the city
of Toronto, was illegally detained in Jail as
prisoner, without having been legally accused
OF any crime" Take IL all IN ALL this be pronounced
petty hard oath Anderson may BE- British subject, but
his is Ne FIST time hare heard alleged that he IS In
another part Of the OATH Mr. Chamerouzow not only sets
up hs opinion IN opposition to the Canadian Court of
Queens Bench, but he in effect that he Is right
and thoy are wrong Mr. Edwin James, the counsel en-
to writ Of habcas corpus in any part Of her Ma
esty possessions There is doubt that in enuncatng
that the English Court OF Queen Bench has right
sue itself the agent Of the Crown in the of CANADA
When her Majesty issues ift " holcds corpus in tbs part
of her domtnops does constitution guarantee that
shall be done through Of her Canadian eou,tsS We
understand the argument, as applied when Crown
colny without a constitutional government of its own
is in question. Let how Mr.. James tried to
vince the Chief Justice of England that the Canada
Of 1861 was to be treated as a plantation" Cana-
Ia stn SIa.
Society, orginally part OF the continent of America
was colonzed some few years before the ascension OF
james but the rst instance he rccoected of charter
being granted by the Crown authorizing emigration 10
Canada about the 18th Of James and IL did appclr
that originally tho whole Of that portion Of America
called plantations Can ida belonged 10 England until
the year 1888 when II was coded to France. IL
taken, however, by England in 1852" Mr.. james is
great authority in history and indeed he may boast Of
making discovery that ever made before. He
has discovered that Canada English COLONY, gov
erned by English charter till the year 1883 We con
fees we had always supposed that Canada French
colony both before ana after 1858 We have cgead Of
its discovery and colonizat'on have lists of French
Governors volumes Of ordinances by French Coun
ellis; at least hundred and fifty volumes written by
French missionaries and martyrs among the savages
Of Canada. We have accounts Of wars with In
dams and leagues with Indians Of monopoies OF the
fur trade Of the fur trade carried by lie In
short we anced the history Of French Canada before
1888, which fills many volumes, reality
even though that 1t possessed peculiar interest But
according Mr. Edwin James, we have been all wrong
Quebec taken by the English in 1929; but IL
stored TO the French by the treaty Of st. Germaincn
Layc in 1892 This learned gentleman also undertakes
instruct the historical geography Of the country
"CaDada be assuresu originally part of the CONT
nent OF America" Weare that at tho date he
tons 1868 the lower part OF the country terribly d
apidated by earthquake but have always been In
the habit Of supposng that II still adhered TO and formed
part OF the continent Tho point o. Mr. James hisor.
cal alusion is that Canada being English colony up TO
l663-a bunder too gross for any schoolboy of
years, in this country, TO commtthe Court OF Queens
Bench in England never forfeited the right il then acqur
cd OF issuing writs Of hnbeas corpus in this country
Having done with history and historical geography Mr.
James betcok himself to law He went back TO the rcgn
" Richard ILL.,, and cited In which the House OF
Lords issued writ Of haIsds corpus al rcsponienum 10
bring the Duke OF Gloucester from Caasthen treated
az part Of Engand-to give evidence What similarity
there that and the present Calais
not self governing country, having Court OF Queens
Bench Of ordinate with the Court Of
Queens Bench in England We venture TO say that all
the referred 10 by Mr. James had little npplica
tion Canadathat they applied 10 crown colonies,
vefned from England and not TO countries possessed Of
the sovereign power Of administering justice in
whose jurisdiction concurrent with that Of the English
courts We believe will be found that after tho union
OF Scotland with England II has been held that wrts OF
habeas corpus, issued by the English COURTS did not
lay In scotlaDd and havo faint recollection that II
found necessary pass act OF Parliament TO meet
the case The difficulty in tho OF Scotland, the
laws Of that country might not be the same as those OF
England In the Gaze Of anida we know that neither
our civil nor our criminal laws identical with those
England In 1854 the criminal laws Of England
TO Canada and in 1871 the body Of English civil
uw, thtn In force also adopted 50 far as Upper
Canada Nas concerned but with constitutional ma
chDery obtained superior Courts Of our own; and
when the nrt Of Kings Bench was first established in
Canada II j al power all questions that It's English
prototype had The power Of the Crown TO seuo ws OF
habcas corpus in Canada was not altered by that fact
but the machinery by which II was to DO done was
changed.
Prerogativc lawyers in opposition to constitutional
lawyers argue that tho sovereign can command the at
tendance Of one Of her subjects To meet hor In
any OF her courts and reference was made to the
"tanaaa case when this writ moved for as pre-
cedcLt pont But how does her Majesty appesf ~ tho
Court Of Queens Bench by tho Great Seal; but the
seal used in England ~ not the great seal used 10
tbs country nor are we by what means writ Of
habcis corpus issuing from ~ English court y TO take
effect IN tansda. Mr.. Eiwn James has scheme Tor
tuns erting tho Governor General OF British North
America INTO bailiT but he did not show what rola.
ion the Governor General bous TO the Court Of
Qpeeus B,Lch that makes him the proper officer
10 execute tie writ lie W not officer Of the
c8urt ana bc forced into that sort Of service.
M sgnn.a. TOO wit be drootnd % The BLanttord aor