The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-27
The Canada Extradition Case.

IL subject Of the extradon of John Anderson under
terday. We would venture to suggest whether similar
step might not be taken by the various chambers of
merce thu oughout the country,
We understand that the committee Of the British and
Foreign Anti Slavery Society have taken the requisite
steps to obtain BY writ Of habeas corpus, the
ference Of the case to the Court of Queens Bench
England. The proceeding is a very unusual one, but
there exists precedent for it in the case OF the Queen
Lees which decided in favor of The defendant
Up TO that period the almost unanimous opinion OF
the English bar that writ of habeas corpus could nos be
issued to a colony
To HIS GRACE ,nE DUKE NEWCASTLE, HER MAJEsTYs
SECRETARY STATE soK THE Colonies
Ny LORD DUKE-We, the undersigned merchants and
traders of the city Of London have learned with deep
greet Of the decision OF majority OF the Judges in the
slave named Anderson, who, in escaping from slavery
in Missouri, in 1859 killed man named Digges VII,
seeking to apprehend him for the purpose Of res,or
ing him TO his master After residing more than seven
years in Canada British subject Anderson has been
claimed under clause Of the Ashburton treaty, as
guilty OF murder
Ii is not the purpose Of your memoralists to dwell
upon the legal points of the argued by the learned
Judges who have decided that the fugitive, Anderson
ought TO be surreDdered into the hands Of those who
clam him. and whose avowed purpose is to burn him to
death at sow fire. though they cannot forbear from
urging that the treaty distinctly sets forth that to justify
the render of any person under its provisions, the
crime with which he is charged must be also crime &C
cordng to the laws OF the country In which he has taken
refuge
Your memoralitts would rather lay stress upon the
great principles of justice and humanity which would be
violated by the rendition OF man who has committed no
crime recognized by British law, and who in defending
u
| the sympathies OF every Christian community.
| Your memoriallsts deem II Of special Importance to
under discuss in the British Parliament in lsl3 the
late Earl OF Aberdeen then at the head of her Aaesys
government and Lord Ashburon, the ncgotaor of the
treaty distinctly affirmed that, under it, no fugtvefrom
slavery could be GAINED, and Lord Mecale, admnistra
tor of the Canadian government, was committed to an
observance of that policy. Further antecedent to the
treaty fugitive having been ordered by the pro-
yrcal executives to be given up charge Of horse
stealing and having rescued the imperial govern
Il tppf rely
Instructors TO the effect that no runaway slave should
| be surrendered in future, under any preence what
| ever
| Your memoriaits would therefore most earnestly
bescech your Grace to take the promptes: measure for
securing the personal safety Of Anderson and for OBJ
tanning of his to the Judicial Committee
Of Pvy Council in Ter that the point which his being
claimed has raised may be discussed by the highest legal
tribuna of the realm, whose decision, 1t may be CONT
IDENTIFY anticipated, will be in accordance with those stri,
principles Of humanity and right which are the ionnda
tion Of the British constitution and Of the personal rights
| of every individual dwelling under its protection
| LONDON, Jan. 2, 1861.
! from the London Herald, January 10l
The extradton pending before the law courts
of Canada cannot fail seriously to compcate the vexed
| question of American slavery In our impression OF
Friday last the decisions oil the Judges fully
reported, and are not about to repeat wha
| Is there recorded, but conlne ourselves to the
simple facts submitted to adjudication. slave named
| anderson, endeavoring TO escape from Missouri,
pursued and slew his pursuer The fugitive sought
shelter in Canada recognized by the agents OF his
other witnesses aud demanded by the anthor
ties Of Missouri by vue Of the Exradition trelty.whch
/
treaty stipules that in all cases of murder or assault
with intent TO commit murder piracy, arson robbery
forgery the criminal shall be Surrendered 70 the country
| in which the outrage was committed. Anderson was
tried by three Canadian Judges two OF whom decided for
lis cxradition, while the third refused An appeal has
been demanded to the fun benchS Judges, and is pro-
babe that the whole proceedings may be brought bere
the Privy Council OF England Should this course be
adopted the will become OF absorbing interest
There doubt hd the spirit Of treaty itself
to Justice for the common principles Of ciiSed iDe the same
IN al communities, demand The punishment Of Moe guilty
0ff ksr
accm1lice. But slavery is altogether exceptional; 4,
dce not properly belong % cirisd ivs, and pure code of
morals ,o,d regard The holder of Slaves enemy the
human And here the natural and the conventional
| law into direct antagonsm, and there be
doubt which ought to succumb in the struggle The MIS-
code Of the most ruthless that fran
cd the following clause shows. II cnacts that II any
r,ory any slave belonging another with intend to de
pve the thereof of the service Of such slave, he
tom thereof shall suffer Death be at hard
| labor for not less than ten years" When England
signed this treaty she perfectly understood nc the
that slaves were constantly crossing the boundary
10 seek shelter in Canada, and that they would
scrupe to clay their pursuers in self defence England
also knows that slavery prohibited in Canada and
that none but white men could perperae the crimes
mentioned in the extradition ordinance and flee from
Canada into the United States for refuge SO far then
conventional law is to determine the case, the claim
| o Missouri appears to be well founded
| But the assumes very different aspect under
natural law The right TO live good against all but tho
donor from this fundamental principle any argu
since the murderer is not put to death from any vim
dctive feeling but because society is entitled to the
security and sacredness OF hfes lie who muir.
dcis once may murder twice, and probably would
do so II he could escape with impunity: and II Is
just he should forfeit his life than that Others
should be exposed to his homcidal passions But IL
% 10 1--WE a s,,sr h 50 s aso the light to Liberty
worse than barren enjoy ment yet this is the Of
the slave. He does not exist for himself but for
other and his master tr ats him chatte by virtue OF
his and by that alone for in the relations between
the two moralit. does not enter there compact
bargain, no agreement The superiority OF the one,
well the submission Of the other, is the result OF
thing brute force and brute force under views OF
natural law, may be justdably exerted any oppor
tunity sever the connection In this sense Anderson
had right to escape from bondage and, when meeting
resistance TO take the life Of him who sought TO per-
peuate his servitude In fact is not the slave who
kills his oppressor in pursuit OF freedom that deserves
death, but the oppressor who uphods the system Of
| slavery.
II must be confessed that throughout Chrstendom poll
teal legislation Of very equiyoca because of very
conventional character. We abolished slavery and recog
Mise the principle among allies and while sensb
tics refuse to send resident ambassador TO Rome
by tho cost Of African squadron and ncte the plant
es Of Cuba TO encourage the very slave trade ships
war are directed to suppress by purchasing the produce
| Of the very slave labor those planters employ These
contradictions may be justified by dipomatists states
men, but their petensons to Chr stianity may be doubt
ed although they deceive themselves into the belief
that their practice and professions correspond They
who dare speak the truth avow that the whole socsl
wS cant w snd ai Individual IS
content stand well among the class with which he
associates, aiming at conventional respectability II
he can pay bis way, get his bills discounted, and
enjoy general credit he Ia content and doubt this
quiet ambition legitimate and honorable But there is
another duty infinitely important, which is rarely
performed Men seldom ask themselves how they stand
before Cod and Ia the omission OF this inquiry which
lies at the basis Of conventionasm In all its forms-po
tcal, commercial social and domestic II they de.
ccivc their contemporaries they aspire other
and as individuals compromise with their conscences
| 20 do legislators.
When Lord Mansfield decided that slave became free
directly his foot touched the soil Of England he rather
| learned practitioners at that time In westmin.
| ser Hall who entertained different opinion,
| but admired an Interpretation Of which,
lawyers, they had grave doubts. But lord Mans.
field supported by natural law however he may have
devated ON the strict terms Of conventional law He
followed his mpusve emotions Of justice, and would
not suffer himself 10 be tied down by formula But tho
virtue OF that upright magistrate has not been nationally
followed As the greatest cotton manufacturers Ia the
world have powerfully contributed TO uphold the do
mestic institution II the United states, and people,
lnCnme