Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1861-01-05
THE CANADIAN FUGITIVE SLAVE CASE
AN APPEAL TO BE TAKEN.

n FUGITIVE SLAVE CASE
AN APPEAL TO BE TAKEN.
The Canadian papers bring us details of The
proceedings in the case Of the fugitive slave An
dsrson. A majority Of the judges of the Court OF
Queens Bench, sitting at Toronto, decided in ia
vor Of the rendition Of the prisoner, Chief Justice
Robinson delivering the opinion of the Court. On
Saturday counsel for prisoner gavo notice Of aps
peal. The Chief Justice said there was no rule
upon which an appeal could lie claimed, but il the
Court of Appeals chose to entertain the matter,
the Court Of Queens Bench would offer no opposi-
too. The prisoner remains, in the meantime, at
the disposal Of the government, and will not he
surrendered until all loyal means have failed.
The history Of this case is briefly as follows {:
John Anderson, the prisoner, was the slave Of Mo
ses Benton, 10 Howard county, Missouri, from
1874 to 1853. In the latter year Benton sold him
to one Mcdonald, who lived in Saline county. in
the same state. McDonald's residence was about
thirty-two miles distant from that Of Benton. The
wife Of Anderson lived with Samuel Brown, 10
Howard county, about two miles from Benion's
place. In September 1853, Anderson ran away
from his new master (McDunald) and took refuge
on Browns farm, where he remained for three
weeks. OG the Goth Of that month he was discov-
cred by one Seneca 7. p. Digges, who demanded
his pass, and on his failing to produce one, de-
nounced him as a runaway. Anderson started TO
run. Digges ordered four of his own negroes 10
pursue him. Anderson then drew a knife and
threatened to kill any one who came near him.
Digges himself continued the pursuit and came up
with Anderson, who stabbed him in the breast
with a long clasp'knife. Digges turned to run
from him and caught his foot in a vine and fell !;
when Anderson went up to him and stabbed him
In the back and ran off. Digges got up and walk
ed fifteen or twenty yards and then fell, being un-
able to get further. The negroes continued to pur-
sue Anderson, but he escaped from them and
found his way to Upper Canada, where he was re-
coguizsd and apprehended in the spring Of 1850.
His extalition was demanded under the Ash
burton treaty, not as a fugitive slave, but as a MUIR
dcror who had escaped from justice and on this
ground the Court ordered his rendition 10 the au-
thOrities of Missouri. The Chief Justice, in de-
livering The opinion of the court, remarked
"Neither the treaty nor the statute makes allow
ance for the circumstance Of a Gugitive offender
having been a SLAVE in the country from which he
fed. That is not recognized in the treaty as o
reason against his surrender to be tried for muir
der, arson or any other crime specified in the
statute; though it could not have escaped attention
that the consequence of the surrender would be
the putting of the fugitive again in the power of
his master 10 case of his acqui.tal,
"Those who are to act judicially in carrying the
statute into effect must, so far as the statute allows,
carly out the treaty faithfully. They have no right
to decline doing SO on account of any distinction
or consideration which neither the statute nor the
treaty has made the ground Of an exception and
when we say of a cou rt of justice that they have
not the right to take a particular course we say the
same thing 10 effect as tha. they have not the pow
er. In my opinion, therefore, we are bound tC
remand the prisoner"
Justice Mclean, in a dissenting opinion, used
the following emphatic language;
"The prisoner was committing no crime in en-
deavoring to escape and to better his own condi
ton; and the fact of his being q slave cannot, in
my humble judgment, make that a crime which
would not be SO if he were q white man. II, in
this country, any number of persons were to pur
sue a colored man with an ayowed determination
to return him into slavery, it cannot, | think, be
doubted that the man pursued would be justified IN
using in the same circumstances as the prisoner
the same means Of relieving himself from SO dread
full a result. Can, then, or must the lar Of Starery
in Missouri be recognized TO such an extent as TO
make ii murder in Missouri, phie ii is j~uStyfable
an this province 10 do precisely the same act. l con-
Tess that | feel it too repugnant to every sense Of
religion and every feeling of justice to recognise a
rule, designated as a law, passed By the strong for
epslaving and tyraunizing over the weak--a law
which would not be tolerated a moment, if those
who are reduced to the condition of slaves and de-
piived of all human rights, were possessed Of
white instead of black or dark complexion" -Ne
York EreniRg Post.