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398 DOUGLASS' MONTHLY. JANUARY, 1861. [[line]] [[3 columns]] [[column 1]] have been universally applauded - yes, rewarded with the highest gifts of honor and emolument which we could bestow upon him. But this heroic man, Anderson, is "guilty of a skin not colored like our own." That makes a vast difference. J. R. JOHNSON. Waterloo, Dec. 4, 1860. [[short line]] JUDGEMENT OF THE COURT - A MAJORITY AGAINST THE PRISONER. We clip the following from the Toronto Glove of Monday, Dec. 24: -- Judgement was pronounced on Saturday by the Court of Queen's Bench in the case of Anderson, now in custody on the charge of having murdered a man in the State of Missouri, while making his escape from slavery. The Court Room was densely crowded, a considerable portion of those present being of the same race as the prisoner. Anderson having been brought into the Court at twelve o'clock, the judges proceeded to read the decisions at which they had arrived. It will be seen that Chief Justice Robinson and Mr. Justice Burns concurred in refusing the application for Anderson's discharge, while Mr. Justice McLean took strong ground that he was entitled to be discharged. A profound silence was maintained in the Court during the reading of the judgments, and no demonstration of feeling was made by the audience except that wen Mr. Justice McLean had finished reading his opinion there was a burst of applause. The Chief Justice marked his disapprobation of this proceeding by half rising from his seat and looking at the Sheriff, who authoritatively commanded silence. The prisoner, an intelligent looking man, listened with the closest attention to the learned Judges as they read their judgments. When all was over, a shade of disappointment rested on his countenance. It was very evident that he was painfully sensible of the horrible results that would follow his being consigned to the tender mercies of a jury of slaveholders - the fate allotted to him by a majority of the Judges. After the reading of the opinions, Mr. S. B. Freeman, for the prisoner, said it was of course the intention of the prisoner's counsel to appeal the case to the Court of Error and Appeal. No details of a case of this description were given in the Appeal Law. He thought, however, it was sufficient that the statute which constituted the Court of Appeal, stated that an appeal should lie from any judgment, whether in a civil or a criminal case, and he should ask the court to give its assent to an appeal being taken. Chief Justice Robinson - We are not called to consider that question just now, but, if on looking into the matter, you find this a case for appeal, the Court will do everything in its power to facilitate the appeal. Mr. Freeman - I can see nothing contrary to the right of appeal. The broad language of the statute is that from the judgement of both Courts, civil and criminal, there shall be an appeal. Mr. Justice McLean - There have been appeals before now in criminal cases. Chief Justice Robinson - Of course; the only doubt is as to the nature of the proceeding necessary to be taken in order to obtain an appeal. Mr. R. A. Harrison, for the crown, said, if the consent of the Crown would aid his learned friend in carrying the case to the Court of Appeal, that consent would be most cheerfully given. Chief Justice Robinson - And no doubt you will have the concurrence of the Court, so far as it depends upon them. Mr. M.C. Cameron, for the prisoner - It may be necessary to make some order with reference to the prisoner, to allow us the necessary time to apply for an appeal. The prisoner was then remanded till Saturday, the 22d, when the Court again sits, and the question of the right of appeal will be disposed of. Mr. Sheriff Jarvis having given instructions that none but the members of the bar and law [[/column 1]] [[column 2]] students should be allowed to enter Osgoode Hall without tickets, a crowd composed of about two hundred persons assembled on Queen street, and anxiously waited to learn the decision of the Judges. The police force under command of Capt. Prince and Mr. E. Robinson, Deputy Chief of Police, marched up to the Hall about 10 o'clock, and 'stacked arms' in front of the building. Everything passed off quietly until the parties who had been inside the Court began to come out, about half past one o'clock, when the police were ordered to shoulder their muskets. A cab then drove up in front of the main entrance, and in a few minutes the prisoner, Anderson, came down stairs escorted by the Sheriff and his officers, and entered the cab, followed by Mr. Skynner, Deputy Sheriff, Mr. Allen, Governor of the gaol, and Mr. McKenna, head turnkey. A couple of officers mounted the box-seat with the driver, and the crowd rushed forward to get a view of the prisoner. The police, who were under arms were ordered to open column, and the cab drove up between the files, the prisoner being guarded on each side by 'bristling bayonets.' The word 'march' was given, and the cortege moved forward towards the west gate, followed by a posse of constables without arms. On reaching Simeoe street the cab drove at a rapid rate down the street to King street, and thence to the gaol. The police force returned to the City Hall, and the crowd quietly dispersed. There was no ebullition of feeling on the part of any one. A company of Royal Canadian Rifles were under arms in the vicinity of the Government House, but their services not being required, they returned to the Garrison. The Globe, in commenting editorially on the case, says:- It is not our purpose now to criticise the decision of the Chief Justice. That task must perforce be deferred for another day. It was strongly against the prisoner. The Chief Justice, no doubt, interpreted the law in accordance with his best judgment; his opinions are different from those of one of his colleagues on the bench, and also of many of the ablest lawyers in the country. Let us hope that it is he, and not they, who is in error; and that a higher tribunal may yet reverse his decision. If Sir John B. Robinson's judgment is correct, no slave is safe in Canada. If a master can supply evidence that his fugitive servant had committed a felony, not under our law, but under that of the slave State, the bondman must be sent back. It is not even necessary, according to the Chief Justice, to have perfect evidence of guilt. If there is such proof as would justify a grand jury in this country in sending a case for trail to the petty jury, the slave must be surrendered! We trust that this is not the actual state of the law. We do not believe that it is. The face of the prisoner was overcast as the Chief Justice concluded his judgment, but it speedily brightened as Mr. Justice McLean took up the word and expressed his regret that he differed with the head of the Court on the case. The Chief Justice had pronounced the proceedings of Mr. William Mathews, the magistrate who issued the warrant against the prisoner, as right and proper. Mr. McLean took directly the opposite view, and pronounced the warrant informal and illegal. It is a singular circumstance bearing on this part of the case, that the Brant Courier, a Ministerial journal, has broadly asserted that Mathews is concerned with a company of Detroit detectives in securing the extradition of Anderson, and is to share in the blood-money if the job is done. Mr. Justice McLean pronounces the proceedings of this magistrate illegal; he closely analysed the evidence brought to sustain the charge, and pronounced it altogether insufficient. The only witness who attempted to identify the prisoner, he said, was a slave, and his affidavit was not taken with the formalities prescribed by our law. Passing from the technicalities of the case, His Lordship stated the policy of the Empire on the subject of slavery - the immense sacrifices which Britain has made to show her abhorrence of the traffic in men. He described the prisoner as a slave fleeing from bondage because deprived of the joys of home, having been sold by a former owner away from his wife, and he asked who could blame him if he used the means within his reach of redeeming his liberty. He concluded by declaring that for the reasons which he had stated, he was of opinion that the prisoner should be discharged. There was a cheer and stamping of feet when he concluded, a rare occurrence in that Court; but the occasion was a great one, and Judge McLean's earnest words drew forth the deepest feelings of this hearers. Judge Burns gave his opinion against the prisoner, [[/column 2]] [[column 3]] following nearly the same line of argument as the Chief Justice. The decision of the Court was therefore in favor of the surrender of Anderson, and there would have been many heavy hearts that night but for the verdict of Judge McLean. It is believed that the appeal to the Nine Judges will be granted, and that Mr. McLean will not stand alone when the case reaches that Court, but will find others to support his opinions. An appeal to the Privy Council in England may yet be taken, and there, we cannot doubt, the poor slave will be safe. It would be an outrage to deprive the unfortunate fugitive of the chance of a favorable judgment from the higher Courts. The Counsel for the Crown intimated that no obstruction would be thrown in his way, and we trust this promise will be faithfully kept. The latest advices from Toronto state that it is thought the appeal will be granted. [[short line]] THE COLORED PEOPLE AND HAYTI. Mr. James Redpath, of Boston, who has been appointed by the Haytian government general agent of emigration to this island, has recently opened a bureau of emigration at 221 Washington street, Boston, where all necessary information can be obtained, and specimens of the products, minerals and timber of the Republic, be seen. We have already published several official articles on this subject, and we notice that nearly all of our exchanges are favoring the movement. Speaking of the movement, the Worcester Spy has the following: Mr. Redpath is now preparing a Guide Book to Hayti, under the official sanction of the government of the Republic. This volume will contain a full and accurate sketch of the history of the island of Hayti, and of the revolutionary struggle, out of which grew the present progressive nationality; also accurate geographical, climatic and agricultural statistical description; a literally accurate translation of the constitution of the Republic, amendments to the same, and the laws relative to emigration, and guarantees of civil and religious freedom, with many other details interesting to those who may seek information. We think this movement one of the most important in connection with the colored people which has come under our notice. Isolated, and oppressed and degraded, by a base prejudice which yet cannot be removed, it seems to us that a large class of the intelligent free people of African origin in the Northern States, and more especially in the Southern States, whose inhuman legislation tends to trample out all the few rights the free colored population have hitherto enjoyed in these communities; will avail themselves of this comprehensive offer of their Haytian brethren in the fraternal spirit which prompts the movement. A separate nationality, with freedom to develop, has always seemed to us desirable to work forth the ends, for, and to which the toils and trials of the African have led him. We believe the inevitable logic of events points plainly to the ultimate growth in the equatorial regions of the American continent, of an empire controlled by the mixed races of African blood. The islands of the American Archipelago are to-day virtually in possession of that mixed race. In all of the British West Indies the white population are vanishing - so with the other islands. Cuba, though now in the possession of slavery, is fast becoming Africanized, and must ultimately pass into the hands of a free colored race. St. Domingo, or Hayti, as it is more properly called, is governed by the colored race. The eastern or Spanish part is under the government of the Dominican Republic, and the western under that of the Haytian, administered by its present enlightened head, President Fabre Geffrard. These republics have maintained their independence for nearly seventy years, and have secured a recognition of their nationality from all the principal governments of the civilized world, with the solitary exception of this Union. - The insufferable insolence of the oligarchy which has controlled the federation hitherto, has been the cause of this, but we trust it will be remedied in the future. [[/column 3]]
