Norwich bulletin., 1914-12-30
FAMOUS TRIALS
Trial of Fugitive Slave Andersen.

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 The trial of the fugitive slave, Am derson, just prior to the Civil war. created much excitement not only in the United States, but in Canada and in England. John Anderson escaped from his master and while being pur- sued killed Seneca Diggs. one of the men who attempted to capture him. He reached Canada, and a demand was made upon that country for his ex- tradition, bat there was much hag- gling, as the Canadian authorities were not willing to return him to the States. They appealed to the home government in England, and when that government suggested that Canada had no right to pass upon case of this kind, and that it must be tried in Lon- don, the Canadian government resent ed this interference as to what they considered was their own rights in the matter.
 The story of the case. briefly told, is as follows: In 1853 there lived in Mis- sourt in slavery John Andehson and his wife. In that year they were both sold by their master. Moses Burton. The former was purchased by a farm CT named Mcdonald and the wife was sold to another man, Samuel Brown, about 40 miles away. Mcdonald decid- ed to sell Anderson again, and the col- ored man, fearing that he was going to be widely separated from his wife, ran
 
 lurking in the neighborhood of the Brown home, where his wife was a slave, and he was charged with being a runaway.
 When Anderson found that he was about to be taken and returned to his owner, he ran away and a posse fol- lowed him. Tn this party was a man named Seneca Diggs. When he found himself cornered, and in order to get away, Anderson killed Diggs and finally succeeded in reaching Canada through the then underground rail- known.
 Merely a fugitive slave, Anderson would have been safe in Canada under the protection of Great Britain. But in 1S42 the two countries had united in a treaty, known as the Ashburton treaty, which agreed to the extradition of Inurderers, Anderson lived in Can ada unfnolested until 1850, when he was recognized. Thereupons the officers of the state of Missouri took proceed 1ngs to bring him back. He was taken before a justice of the peace at Brant- await action. The governor of the province being absent, United States Secretary of State Cass asked for An- derson's return.
 Now the Ashburton treaty, while effective in most respects. ran counter
 
 this case. for the British law held that a man who attempted to deprive an- other of his liberty without the execu- 1on of any legal warrant was laking unlawful chances, and that under such conditions homicide was justIfiable, but this doctrine was opposed to the Amer ican law. Thus the laws of the two countries were at variance.
 The head of the Canadian goYern- ment being in England, he was ap- pealed to for instructions His reply was that those in charge should exer- by the laws of Canada In the mean time the friends of Anderson were not idle, They made application to the court of the queens bench in Canada for a writ of habeas corpus and the legality of Anderson's detention was ably argued before that court.
 The two judges of the queens bench differed in their opinion and delivered their judgment at great length. The chief justice contended that the law of England made 1t murder for a man killing another for attempting to arrest him under a legal warrant and the law of Missouri authorized any person to bring in a cnlored man who was suspected of being a runaway slave Diggs, therefore, was acting under Ie- gal authority as much as if he had been armed with process. Justice Me AAOhu AAAcsb AlAO PrASDItHE fldQ ~lL- fully, malieiously and feIoniousiY stabbed and killed Seneca Diggs and for this offense the keeper of the jail at Brantford is commanded to fEre- ceive the said John Anderson into his custody and hold him until he js safely delivered in due course of the law"
 His lerdship, the governor General, examined the testimony nainutely and took the point that the prisoner was arrested in the first instance on an insufficient complaint, that he was de- tained without sufficient warrant, and on insufficient evidence and no definite charge, and therefore thought the prts- oner entitled to his discharge.
 The majority of the court being of the opinion that the detention was legal. the prisoner was renanded to jail. Notice was immediately given for an appeal to the court of errors and appeals in upper Canada. The case of the colored man met with great sym pathy in England. and the British For ei9n and Anti Slavery society toolr prompt steps to Vindicate the nrfnof- pies and objects of their pecuiiar creed The case was taken up in Westminster hall. It was debated before Judre Lord Mansfield and Chief Justice Cock burn,
 An order was made to have Ander- son sent ta England for trial. This was impossible at the time, as the only way it could be done was by taking him through the United States. when he would no doubt have been seized, The case was still pending when hostilities between the north and south occurred. and nothing further was done by the United States gov ernrent and Anderson was finally re- leased.