Ashburton told him, he said, "that the article in question was no more designed to touch the fugitive slave than to affect the case of deserters or parties charged with high treason." Lord Aberdeen stated that instructions would be sent to the Governor of Canada that in the case of fugitive slaves great care was to be taken to see that the treaty did not work their ruin. Sir Charles Metcalfe, Governor of Canada, was quoted by the speaker as having said that he would never be a party to wronging fugitives.
In the course of his address Mr. Scoble gave some information about the arrest of Anderson. He said that he personally went to Brantford as soon as Anderson was taken up in April and tried to get a writ of habeas corpus but could get no help from counsel in Brantford. At the Brantford spring assizes Anderson was released by the judge, since there was no evidence against him, but was rearrested three days later. Other speakers at the St. Lawrence Hall gathering were Rev. Wm. King, M. C. Cameron, Rev. Dr. Willis, Rev. Dr. Burns, Peter Brown and Rev. Mr. Marling. At the close of the meeting there were cheers for Anderson and others and groans for Magistrate Matthews.
There was much comment in the Canadian press on the case as a whole and upon the judgment in particular. The Montreal Herald of December 19, 1860, said: "We hope that the day will never come when the wretches who traffic in the bodies and souls of their fellow creatures will be able to say to any British subject, 'And thou also art made like unto us.'" The Quebec Mercury said: "The judgment of the court in Anderson's case is one of those infamous prostitutions of judicial power to political expediency which in this degenerate age have too frequently polluted the judicial ermine." The Montreal Witness said: "Such a gigantic wrong cannot exist on the same continent with us without affecting the people of Canada in one way or another. Slaveholders long looked at Canada with evil eye. If the slavers get Anderson back they will execute him before the slaves. It would be worth hundreds of thousands of dollars to them annually."
Speaking on the evening of December 20 before the St. Patrick's Literary Society of Montreal, Hon. Thomas D'Arcy McGee condemned the decision in the Anderson case. "As a fugitive slave has never been yielded by this province," he said, "I cannot believe that we are going to take upon ourselves the yoke of that servitude just now. We have no bonds to break or keep with the 'peculiar institution' of the south; and the true voice and spirit of this province is that when the flying slave has once put the roar of Niagara between him and the bay of the bloodhounds of his master—from that hour, no man shall ever dream of recovering him as his chattel property."
As soon as the decision of the Court of Queen's Bench was given, abolitionists in Toronto decided to carry the case to English courts and did so, securing from the Court of Queen's Bench at Westminster an order to bring Anderson there. In the meantime the case was carried to the Court of Common Pleas in Toronto and there on February 16, 1861, Chief Justice Draper acquitted Anderson, for the following reasons, as quoted in The Toronto Leader: "In the first place, the magistrate's warrant was defective inasmuch as the words used in the warrant did not imply the charge of murder, though perhaps expressing more than manslaughter; secondly, the warrant of commitment was also defective in not adhering to the words of the treaty."
It would take long to list all the meetings, petitions, resolutions, and protests that were brought forth by the Anderson case. The Anti-Slavery Society of Canada, with headquarters in Toronto, was, of course, active throughout the whole case. Early in January it was reported that a petition signed by more than 2500 people had been forwarded from Montreal on behalf of Anderson and from elsewhere in Canada came similar protests.
With the decision of Chief Justice Draper the Anderson case was closed and the fugitive disappears. As a result, however, of the unseemly action of the Brantford magistrate the Canadian law was revised so as to take from the control of ordinary magistrates jurisdiction as regards foreign fugitives from justice, leaving such cases with county judges and police justices.
Fred Landon.
The Public Library,
London, Ontario.