The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-10
The Canada Extradition Case.

The Canada Extradition Case.
Possession is said to be nine points of the
law; and this advantage is on the side Of Cana
da in the famous Anderson extradition Casa
circumstance which she is evidently disposed
to make the best use Of in her struggle with
the Court Of Queens Bench in England. 1t
spoke wen for the public spirit of the Cana
dams that as soon as they heard Of the OBJ
nOxious interference of the British Court they
unanimously agreed that 1t ought to be resist
ed as an uncalled for invasion Of the rights Of
the Canadian constitution. And 1t spoke well
for the dignity of the judiciary of the province
that the Chief Justice was prompt in opposing
the infringement, by issuing a writ of habess
corpus to prevent the execution Of that issued
by the court in Westminster Hall.
1t does not elevate our ideas of the admins
tration of the law in England when we read
the circumstances under which this writ was
obtained. The Secretary Of the London Anti
Slavery Society, man who knows nothing
about the local bearings of the case, comes
forward and afdrms on oath that "John An
derson is q British subject domiciled in the
city Of Toronto, and Illegally detained in Jail
as prisoner, without having been legally &C
cused Of any crime;" and Mr.. Edwin James,
the counsellor engaged, quotes number Of
erroneous precedents, in which he shows an
ignorance Of the geography Of America and
the history Of England that is nothing less
than deplorable. If Anderson is British
subject, why was the fact not mentioned on his
trial. when the pro and con. Of the matter were
much better argued and understood than in
Westminster Hall!
BY The State of Missouri this man had been
legally accused of a crime-the crime Of muir
der-and by the Extradition treaty Canada was
bound to give the man up to the State of Mis-
souri when claimed to be dealt with according
to the laws Of the State in which the murder
was committed. This, as we all know, is no
modern feature in international law and
comfy. Under the Roman law every criminal
was RENTED to his forum crfninis, and in
later times Grotius has declared it an es-
tablished rule that States are bound to refuse
either deliver them over to the rightful
claimants or infiot punishment according to
the laws prevailing in the place where the crime
was perpctrated. This doctrine has been en-
dorsed by Chancellor Kent and other eminent
authorities. But, apart from the consideration
Of all technical points, the active interference
of the Court Of Queens Bench was an unwar-
rantable interference with the acts of the ju-
dietary Of Canada and one without any appli-
cable precedent; for to compare Jersey and
the Isle of Man with self-governing and re-
mote province, as Mr.. Edwin James did, was
ridiculous. That Canada will treat the Eng
fish writ with proper contempt appears evil
dent. But it 80 happens that were it otherwise
the negro could not be conveyed to England
,or some months to come, owing to there be-
ing no communication between the British
territory, where he is now a prisoner, and
Great Britain, without passing through some
portion of the United States, where habeas
corpus would at once relieve the British officer
of his prisoner if the opportunity presented
itself Thus, at least, while the ice barrier re-
mains, the Canadians may calculate upon
keeping at bay the hounds of Westminster
Hall