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one who should attempt to reduce which would not be tolerated for or replace him in slavery, Mr. a moment if those who are reJustice McLean spoke as became duced to the condition of slaves, one who wears the ermine which and deprived of all human rights, Mansfield dignified. “ Could it
“ Could it were possessed of white instead of be expected,” said the learned black or dark complexions. The magistrate, “from any man in- Declaration of Independence of dulging the desire to be free which the present United States pronature had implanted in his breast, claimed to the world that all men that he should quietly submit to are boru equal, and possess certain be returned to bondage and to inalienable rights, amongst which stripes, if by any effort of his are life, liberty, and the pursuit of strength, or any means within his happiness : but the first of these is reach, he could emancipate him- the only one accorded to the unself ? Such an expectation, it ap- fortunate slaves; the others of pears to me, would be most un- these inalienable rights are denied reasonable, and I must say that, because the white population in my judgment, the prisorier was have found themselves strong justified in using any necessary enough to deprive the blacks of degree of force to prevent what, them. to him, must inevitably have “A love of society is inherent proved a most fearful evil. He in the human breast, whatever was committing no crime in en- may be the complexion of the deavouring to escape and to better skin; its taste is grateful, and his own condition, and the fact of ever will be so till Nature herself his being a slave cannot, in my shall change ;' and in administerhumble judgment, make that a ing the laws of a British Province, crime wbich would not be so if he I never can feel bound to recogwere a white man. If in this nise as law any enactment which country any number of persons can convert into chattels a very were to pursue a coloured man, large number of the human race. with an avowed determination to re- I think that on every ground turn him into slavery, it cannot, I the prisoner is entitled to be disthink, be doubted that the man charged.” pursued would be justified in The majority of the Court being using, in the same circumstances of opinion that the detention was as the prisoner, the same means of legal, the prisoner was remanded relieving himself from so dreadful to jail. Notice was immediately a result.
given of an appeal to the Court of “ Can, then, or must, the law of Error and Appeal in Upper slavery in Missouri be recognised Canada. by us to such an extent as to The British Government were make it murder in Missouri while not insensible to the magvitude of it is justifiable in this Province to the principles involved in the case do precisely the same act ? I con- of Anderson. On receiving infess that I feel it too repugnant to telligence of the decision of the every sense of religion, and every colonial Court of Queen's Bench, feeling of justice, to recognise a the Secretary of State sent a derule, designated as a law, passed spatch to the Governor of by the strong for enslaving and Canada. tyrannizing over the weak-a law “ If the result of the appeal be
adverse to the prisover, you will Crown. The arguments in Westbear in mind that, under the minster Hall were directed solely Treaty of Extradition, he cannot to this preliminary point—wbether be delivered over to the United the Court could direct the writ to States' authorities by the mere officers in Canada. action of the law. That can only In support of the application, it be done by a warrant under the was argued that the Crown had, hand and seal of the Governor. The through the Court of Queen's case of Anderson is of the gravest Bench, power to issue the prerogapossible importance, and Her Ma- tive mandatory writ of habeas corjesty's Government are not sasis- pus to any part of the Queen's dofied that the decision of the Court minions, " the Queen having a at Toronto is in conformity with right to an account of the imprithe view of the Treaty which has sonment of all her subjects." hitherto guided the authorities in “Upon a proper occasion,” said this country. I am, therefore, to Lord Mansfield,
“ the Court may instruct you to abstain in any case issue the writ to every dominion from completing the extradition of the Crown of England; there until Her Majesty's Government is no doubt of the power of this shall have had further opportunity Court where the place is under of considering the question, and, if the subjection of the Crown of possible, of conferring with the England - the only question is Government of the United States to
This on the subject.”
power, however, did not extend In the meanwhile, the case of to the foreign dominions of a the unfortunate negro had met with Prince who succeeds to the great sympathy in England. The Crown of England—not, for inBritish and Foreign Anti-Slavery stance, to Scotland or to the ElecSociety took prompt steps to vindi- torate of Hanover. Many instances cate the principles the objects of were cited in which this power had their peculiar care. Their Secre. been exercised, some even in tary, M. Chamerorzov, moved for Canada itself. These last cases, a writ of habeas corpus in the however, had occurred when CaCourt of Queen's Bench at West- nada was not in the same relation minster. As will be seen from to the parent country as at prethe proceedings in the Canadian sent. "The question,” said Chief Court, the difficulties inherent in Justice Cockburn, “ is whether Cathe subject are great. In the pre- nada is now within the ambit of sent application there was this the jurisdiction of this Court, or further difficulty lying at the whether the Crown, by concurring threshold. The colony of Canada in the establishment of a separate has an independent Legislature judicature for Canada, has not and its own courts, whose jurisdic- vested the exercise of the right of tion is entirely independent of the issuing a habeas corpus in the control of or appeal to the English courts of that country courts. The question was whether The unanimous judgment of the the English courts had, in this Court of Queen's Beuch was dematter of the writ of habeas corpus, livered by Chief Justice Cockburn. a jurisdiction concurrent with that “We have considered this matter, of the local courts of judicature in and the result of our anxious dethe foreign possessions of the liberation is that we think the writ
ought to issue. We are, at the we should not be doing that which same time, sensible of the incon- it is our duty to do, under the auveniences that may result from the thority of the precedents to which exercise of such a jurisdiction. We our attention has been drawn, were are quite sensible that it
be we to refuse this writ, therefore felt to be inconsistent with that the writ must go." higher degree of colonial indepen- A writ was accordingly issued to dence, both legislative and judicial, certain specified officers in Canada, which has happily been carried commanding them to bring up the into effect in modern times. At body of one John Anderson, ad the same time, it is to be observed subjiciendum, &c. But here a sinthat, in establishing local legisla- gular difficulty was anticipated. tion and local judicial authority, The shortest route from Toronto the Legislature has not gone so far at any time, and the only one open as expressly to abrógate any juris. in winter, which now prevailed, is diction which the Courts in West- through the United States, and it minster Hall might possess with was not to be supposed that the reference to the issuing of a writ Government of the Union would of habeas corpus into any part of refrain from seizing the fugitive Her Majesty's dominions. We slave while a mere passenger find that the existence of that ju through their territory. This risdiction in these Courts has been difficulty was escaped through the asserted from the earliest times, glorious uncertainty of the law. and exercised down to the latest. The prisoner applied for a writ to
Findivg, upon these au- the Court of Common Pleas in thorities, that this power has not Canada, and that Court, on inquiry, only been asserted as a matter of decided the detention of the pridoctrine, but carried into effect and soner to be illegal, and ordered execution as a matter of practice, him to be discharged. and that the writ of habeas corpus In delivering their judgment, has been issued even ivto the do- the Justices of the Common Pleas minions of the Crown in which expressly avoided the discussion of there were independent local judi- the great questions of principle catures and local legislatures, we which are involved in the case. feel that nothing short of legisla- Their decision was based upon tive enactment depriving this purely technical grounds. These Court of such a jurisdiction would grounds were the insufficiency of warrant us in omitting to exercise the evidence to establish a case of it when we are called upon to do murder; that enough appear to 80 for the protection of the per- show that, according to the laws of sonal liberty of the subject. It the Province, the prisoner had not may be that the Legislature has committed murder ; that the warthought proper in its wisdom to rant of commitment, in statiug that have the same concurrent jurisdic- the prisoner did “wilfully, mation between these Courts and the liciously, and feloniously stab and colonial Courts as there is between kill ” did not declare any crime the different Courts of Westmin- under the Extradition Treatyster Hall. We can only act on for instance, “ murder; the authorities that have been contrary, the words inferentially brought before us, and we feel that declared another crime distiuctly cognizable by our Courts, namely, owners should be disappointed of manslaughter, which was not one their prey. On the other hand, of the crimes specified in the the people of Canada, who abhor treaty. This, they said, was a slavery from their souls, and give thoroughly substantial objection; a sure refuge to the fugitive, were not a mere technicality, but the greatly dissatisfied that an English want of an essential charge, neces- Court should pretend to jurisdicsarily fatal to the validity of the tiou within their Province. At this detention. For these, and for time, however, the armed support other reasons of a more purely of Great Britain was a necessity technical character, the Court of to the Canadians, who were Common Pleas considered the pri- threatened with an immediate or soner entitled to his discharge. prospective conquest by their
The proceedings in the case of neighbours, and, therefore, their Anderson produced singularly con- dissatisfaction was not loudly extradictory results. The people pressed. The position was, howwhose demands were refused were ever, felt to be anomalous, and to well satisfied, the people whose be suggestive of future danger; views and feelings were sustained and Her Majesty's Ministers, were much displeased. The popu- therefore, early in the session of lation of the United States, who 1862, introduced a Bill in the had demanded the extradition of Imperial Legislature, by which the the slave, were now engaged in a power of the Courts at Westminterrible civil war. The Free ster to direct writs of habeas cor. States, whose representatives had pus into Her Majesty's possessions made the requisition, were busy abroad which possess courts of subjugating the Slave States, and competent jurisdiction is taken the friends of abolition were, there- away. fore, well pleased that the slave
THE YELVERTON CASE. THE Irish Court of Common proceedings-some even sacrificed Pleas and a special jury have been their editorial vanity to the epheoccupied for ten days in the trial meral deity, and omitted their of a cause, in which the parties, leading articles in honour of her; the circumstances, and the plot whilst others (inappreciable devocombine to produce a romance tion in a provincial journal !) even equal to the feverish complications omitted their advertisements that of a French novel. The interest their goddess might not be de. with which every point in the de- frauded of her claims to sympathy velopment of the story was watched by a full narrative of her wrong. At by the people of Dublin has never length, when the protracted probeen exceeded even in that city ceedings had exhausted their of judicial sensations. The Yel. powers of self-restraint, and before verton trial was the absorbing the trial was concluded, the Irish topic of conversation in every editors assumed the verdict, and rank; the newspapers devoted burst forth with fervid comments their whole broadsides to the daily on the misfortunes and sufferings
of the victim, and the baseness of among the most interesting of our the man she claimed for her hus
The trial comband Nor, in fact, was this vivid menced on Thursday, the 21st of interest confined to the Irish me. February, before Chief Justice tropolis or to Ireland. The fuc- Monahan, and continued until 7 tuations of the case were watched o'clock in the evening of Monday, in England with similar interest. the 4th of March. The pleadings The strange revelations of life set forth that the claim was for iucident to the Crimean campaign 2591. 178. 3d. for necessaries, &c., -the beauty, talent, and ill-regu- supplied to the defendant's wife lated passions of the victim-the and her servant: to which the deconventional moral maxims of the fendant pleaded that such necesseducer, and the phantasmagoric saries had not been supplied to manner in which foreign convents, his wife - the real question in issue Sisters of Charity, Greek priests, being, whether the lady to whom priestless Scotch marriages, and the articles had been supplied Roman Catholic priests, came and bad contracted a valid marriage went, forcibly arrested attention. with the defendant, and was, conNor did the fact that, since these sequently, his wife. The former events, the defendant had become proposition was affirmed by the heir presumptive to a barony, and plaintiff, acting on behalf of the had, notwithstanding the con- alleged wife, and denied by the sciousness of his position towards defendant. his former victim, married a Scorch Mr. Serjeant Sullivan stated lady, the relict of a man universally the case for the plaintiff, narrating esteemed, and but recently de- the facts, which can be more ceased, leaving a considerable vividly presented by an abstract fortune to his widow, at all detract of the evidence. The lady whose from the interest inherent in the conjugal claims upon the defendmain story.
ant were the foundation of the In the case of Thelwall v. Yelver- action, was the first witness called. ton, the plaintiff sued the defendant Mrs. Yelverton is of middle for the price of necessaries and height, slight in figure, with an clothing supplied, as also for the extremely intelligent countenance hire of horses and carriages, and light and vivacious when anifor money advanced by the plain- mated, but almost sad in repose, tiff for the use of the defendant's and without being positively handwife: the question involved in the some, her appearance is at once issues to the jury being the validity prepossessing and ladylike. Apof the marriage between the de- parently not more than 28 years fendant the Hon. Major Yelverton, of age, her thoughtful, resigned, of the Royal Artillery, second son and almost melancholy features of Lord Avonmore, and Miss would induce a belief that she had Teresa Longworth. A brief sum- lived a much longer life. mary at best is all we can hope to On entering the box she give of the proceedings and of the exhibited that composed and colchief points of the evidence, in lected appearance which she preorder to afford at one view the out- served throughout the whole of lines and incidents of a romance in the trial, giving her evidence with real life, which will take rank a distinctness, an aprarent absence Vol. CIII.