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 see it, and went home and died in the night [of a spasm of the heart. The news reached Reeve by a note from Mr. Elliot, dated seven o'clock in the morning].
From Mr. E. Twisleton
Bonchurch, January 24th.
My dear Reeve,—I am much obliged to you for your letter of the 18th instant, which has been forwarded to me here. I am sorry to say that I have so much on my hands at present that I could not undertake to write an article on American affairs; though I am equally obliged to you for the proposal.
I lament what has taken place in the United States. Although, in a narrow political sense, a disruption may be useful to England, in another point of view it is a misfortune, inasmuch as the maintenance of one confederation during seventy-two years, over such a vast extent of territory, with no civil war, and only two foreign wars, is the greatest thing which the English race has done out of England, and its dissolution is sure to be viewed with pleasure by all who in their hearts hate free institutions and the English race.
Since Brown's attempt to excite an insurrection of the slaves in Virginia, I have thought it impossible to avoid a civil war, if the anti-slavery feeling in the North went on increasing in intensity, as I have known it to increase during the last ten years; but I had not the most distant idea that Lincoln's election would lead to immediate secession on the part of even a single state. In the north of the Union they have been absolutely taken by surprise, and have hardly yet made up their minds as to the course they will pursue. If Congress had merely to deal with South Carolina, it could easily checkmate that one state; but the difficulty arises from the number of states, which either side with South Carolina or will not act against her.
I have the highest respect for Tocqueville's opinion; but I do not happen to remember what he has written respecting secession. I well understand the difficulty for a confederation if any one state has a settled permanent determination to secede from it. But, under the constitution, Congress has ample powers to levy the federal revenue and maintain the laws of the Union in South Carolina—and to pass all laws necessary for this purpose. Moreover, everyone in the Union who levies war against the United States Government is guilty of treason, and there is no recognition in the constitution of any right in any state to secede from the Union. Under these circumstances, everyone in South Carolina caught in arms against the federal Government is liable to be hanged. With such laws and powers, an united Congress and a resolute president, like General Jackson, would soon reduce South Carolina to submission; and my belief is that the same might be the case if there were a league against the Union of the cotton states alone. For a time Congress would baffle such a league quite as effectually as the Swiss Confederation put down the Sonderbund.
Pray give my kind regards to Mrs. Reeve. I expect to be in London at the end of next week, and I shall be happy to communicate and receive ideas on American politics. The critical point at present is the course which will be pursued by Kentucky, Tennessee, and Virginia. Yours very truly,