The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-30
From the liverpool Mercury, Jan. 16
THE EANAnA EITGITIA L SLAVE GA CE,

THE CANADA FUGITIVE SLAVE CASE.
WRIT OF HABEAs CORPUS GRANTED IN THE CASE OF
ANDERSON.
Court of Queens Bench.-Re Anderson.-( Before
the Lord Chief Justice, Mr.. Justice Hill Mr.. JUS
tce Blackburn and Mr.. Justice Crompton. I'm
this court yesterday, Mr.. Edwin James, Q. c., with
whom were Mr.. Solly Flood and Mr.. G. Allen, said
he had to apply to the court to issue writ of ha-
beas corpus to be directed to the Governor of the
province of Canada, and to the sheriff and TAILOR of
the city of Toronto, commanding them to bring up
the body OF John Anderson, now illegally detained
a prisoner in the Jail OF that city, lie asked their
lordshps to include the Governor of the province
in the writ, under the authority of what known
as the st. Helena case. The affidavit on which he
moved was founded upon the precedent of the Can
ada case, and it sworn by Mr. Lewis Alexis
ChamerouzOw, of No. 81 New Broad street, the Sec
retary to the British and Foreign Anti-Slavery So
ciety. (rhe learned gentleman then read the aiii-
davit In its first paragraph Mr.. ChamerOuzow
swore that John Anderson, British subject domi-
ciled in the city of Toronto, was now illegally de-
tanned in the Jail of the CITY prisoner, without
even having been legally accused of any crime,
legally tried or sentenced for the commission of
crime known to the law of the province of Canada,
or any other part of her Maesys dominions. And in
the second paragraph was sworn that the case was
of the greatest urgency and that unless redress
speedily effected, John Andersons life exposed
to the greatest danger) In moving for the writ all
he had to dOwas to satisfy the Court that it had
thority to issue it; for he had doubt under the
peculiar circumstances of the case their lordships
they once came to the conclusion that the power
was vested in them. I he proposition for which he
was prepared to contend was that the Crown had
the power to issue the writ of habeas corpus to any
part of her Majesty's possessions. Canada, origi-
naNy a part of the Continent of America, was
coloniZed some few years before the ascension of
James but the first instance he recollected of
charter being granted by the Crown authorizing
emigration to Canada was about the 18th of James
/; and it did appear that originally the whole of
that portion of America was called "plantations"
Canada belonged to England until the year 1853,
when it was ceded to France. 1t was retaken,
however, by England in the year 1859.
Mr. Justice Hill-The statute IA Geo. H., cap.
SO, recites that it was then part OF the British
possessions.
The Chief Justice-That is enough for your pur-
pose, Mr.. james.
Mr.. Justice Hill-The eleventh section of that
statute declares that the criminal law of Eng land is
to prevail throughout the whole of the colony.
Mr. James then proceeded at great length to
contend that in any part of her Maiesty's domn.
ions-more especially where the laws which gov
erned those dominions emanated from her Majesty
in England-her Majesty had right to know what
had become of any OF her subjects. By the
common law of England the writ OF habeas corpus
lay at any part of the Queens dominions. The
first authority which might be cited on that point
was "Bacons Abridgment," Habeas Corpus, letter
b, which spoke of the places to which the writ
might be granted. 1t was there laid down as hav-
ing been held that the writ of habeas corpus lay to
CaldlS at lne tlne IL was SUBJECT 10 tue hIuS VI
England. Up to the time of an act of Parliament
having been passed by the Irish Parliament the
Kings writs also lay to Ireland.
The Lord Chief Justice-There Is no express case
| of the writ having been issued to Calais
Mr.. James-Ob, yes; and avery remarkable case
| # was. He had copy of the writ before him. In
the reign of Richard H. the writ was issued to the
Governor of Calais to bring up the body of Thomas
| Duke of Gloster. That case was to be found in
"Rymer's Fedora"
| Mr. Justice Blackburn-lf remember rightly,
| the writ issued by the House of Lords sitting
as court of justice and it but an act of habeas
corpus ad respondendum, not subjiciendum..
| Mr.. James then quoted the Judgment OF Lord
Mansfield in the "King v. Burroughs" and the
| the Berwick case; "The Queen v. Crawford" the
Isle of Man case, and the judgments of Mr. Justice
| Paterson and Mr.. Justice Erie thereon. Likewise
"Vattal on the Law ofNations," book l., chap. H.
sec 2l0; "Campbell V. Hal" HoOper's Reports
| page 204, and the judgment of the court in that
case.