be found in all the collections of
treaties of Great Britain or the United States, and in most of the
treaties on extradition, amongst them the useful work by John G.
Hawley, Chicago, 1893 (see pp. 119 sqq.).
[34] It was held in this province that the Act of 1883 was superseded
by the Ashburton Treaty in respect to the United States, but that it
remained in force with respect to other countries (Reg. _v._ Tubber,
1854, 1, P. R., 98). Since the treaty, our government has refused to
extradite where the offense charged is not included in the treaty. In
re Laverne Beebe (1863), 3, P. R., 273--a case of burglary.
The provisions of the treaty were brought into full effect in Canada
(Upper and Lower) by the Canadian Statute of 1849, 12, Vic., c. 19, C.
S. C. (1859), c. 89.
[35] Chief Justice Sir John Beverley Robinson, Mr. Justice McLean
(afterwards Chief Justice of Upper Canada) and Mr. Justice Burns.
[36] The seat of the Superior Courts in Toronto, the Palais de Justice
of the Province.
[37] Mr. Samuel B. Freeman, Q.C., of Hamilton, a man of much natural
eloquence, considerable knowledge of law and more of human nature; he
was always ready and willing to take up the cause of one unjustly
accused and was singularly successful in his defences.
I have heard it said that it was Mr. M. C. Cameron, Q.C., who so
addressed the gathering, but he does not seem to have been concerned
in the case in the Queen's Bench.
[38] The case is reported in (1860), 20 Up. Can., Q. B., pp. 124-193.
The warrant is given at pp. 192, 193.
[39] The case is reported in (1861), 3, Ellis & Ellis Reports, Queen's
Bench, p. 487; 30, _Law Jour._, Q. B., p. 129; 7, _Jurist_, N. S., p.
122; 3, _Law Times_, N. S., p. 622; 9, _Weekly Rep._, p. 255.
It was owing to this decision that the statute was passed at
Westminster (1862) 25, 26, Vic., c. 20, which by sec. 1 forbids the
courts in England to issue a writ of habeas corpus into any British
possession which has a court with the power to issue such writ. The
court was Lord Chief Justice Cockburn, and Justices Crompton, Hill and
Blackburn, a very strong court. The Counsel for Anderson was the
celebrated but ill-fated Edwin James. The writ was specially directed
to the sheriff at Toronto, the sheriff at Brantford and the
jail-keeper at Brantford. Judgment was given January 15, 1861.
[40] Common law, of course, not chancery.
[41] The court was composed of Chief Justice William Henry Draper,
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