ing reasons against the return of slaves.
The case of John Anderson is well known. He was born a slave in
Missouri. As his master was Moses Burton, he was known as Jack Burton.
He married a slave woman in Howard County, the property of one Brown.
In 1853 Burton sold him to one McDonald living some thirty miles away
and his new master took him to his plantation. In September, 1853, he
was seen near the farm of Brown, when apparently he was visiting his
wife. A neighbor, Seneca T. P. Diggs, became suspicious of him and
questioned him. As his answers were not satisfactory he ordered his
four Negro slaves to seize him, according to the law in the State of
Missouri. The Negro fled, pursued by Diggs and his slaves. In his
attempt to escape the fugitive stabbed Diggs in the breast and Diggs
died in a few hours. Effecting his escape to this province, he was in
1860 apprehended in Brant County, where he had been living under the
name of John Anderson, and three local justices of the peace committed
him under the Ashburton Treaty. A writ of habeas corpus was granted by
the Court of Queen's Bench at Toronto, under which the prisoner was
brought before the Court of Michaelmas Term of 1860.
The motion was heard by the Full Court.[35] Much of the argument was
on the facts and on the law apart from the form of the papers, but
that was hopeless from the beginning. The law and the facts were too
clear, although Mr. Justice McLean thought the evidence defective. The
case turned on the form of the information and warrant, a somewhat
technical and refined point. The Chief Justice, Sir John Beverley
Robinson, and Mr. Justice Burns agreed that the warrant was not
strictly correct, but that it could be amended: Mr. Justice McLean
thought it could not and should not be amended.
The case attracted great attention throughout the province, especially
among the Negro population. On the day on which judgment was to be
delivered, a large number of people of color with some whites
assembled in front of Osgoode Hall.[36] While the adverse decision was
announced, there were some mutterings of violence but counsel for the
prisoner[37] addressed them seriously and impressively, reminding them
"It is the law and we must obey it." The melancholy gathering melted
away one by one in sadness and despair. Anderson was recommitted to
the Brantford jail.[38] The case came to the knowledge of many in
England. It was taken up by the British and Foreign Anti-S
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