Memoirs of the Life and Correspondence of Henry Reeve, C.B., D.C.L. - In Two Volumes. Volume II. by John Knox Laughton
page 78 of 528 (14%)
page 78 of 528 (14%)
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proceedings are civil, not criminal, and therefore appealable. If it does
come here, it will be a matter of great interest. The reference is to the celebrated case of John Anderson--or Jack--a negro of Missouri, who, in 1853, had been met by one Diggs, a white man, thirty miles away from his home. In accordance with the laws of the State, Diggs attempted to seize him. Anderson killed Diggs, and--by 'the underground railway'--made good his escape to Canada, where he had lived ever since. In 1860 he had been recognised, and, on formal application for his extradition, he had been arrested. The Court of Queen's Bench in Canada accepted the argument that they had to decide only as to the evidence of the commission of the crime, not as to the nature of it, and remanded the prisoner. In England the excitement was very great. The Secretary of State sent out an order that Anderson was not to be given up without instructions from him; and the Court of Queen's Bench sent out a writ of _habeas corpus_, directing the man to be brought before it. But meanwhile an application for a writ of _habeas corpus_ had been made to the Court of Common Pleas in Canada, and the prisoner had been discharged on the technical ground that he was not charged with any crime included in the Extradition Treaty, as, for instance, murder; for the indictment was that he did 'wilfully, maliciously and feloniously stab and kill, &c.,' words which meant, inferentially, manslaughter; and manslaughter was not recognised by the treaty.[Footnote: See _Annual Register_, 1831, part ii. p. 520.] The Journal here mentions the awfully sudden death of a friend of many years' standing:-- _January 8th_.--The Frederick Elliots and Marochettis dined with us. There was a frost, and torches on the Serpentine. Mrs. F. Elliot drove round to |
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