to which they formerly belonged,
here they are free--For the enjoyment of all civil rights
consequent to a mere residence in the country and among them the
right to personal freedom as acknowledged and protected by the
Laws of England in Cases similar to that under consideration,
must notwithstanding any legislative enactment that may be
thought to affect it, with which I am acquainted, be extended to
these Negroes as well as to all others under His Majesty's
Government in this Province--
"The consequence is that should any attempt be made by any person
to infringe upon this right in the persons of these Negroes, they
would most probably call for, and could compel the interference
of those to whom the administration of our Laws is committed and
I submit with the greatest deference to Your Excellency that it
would not be in the power of the Executive Government in any
manner to restrain or direct the Courts or Judges in the exercise
of their duty upon such an application." (_Can. Arch._, Sundries,
Upper Canada, 1819.)
4. At a meeting of the Executive Council of the Province of Lower
Canada held at the Council Chamber in the Castle of St. Lewis, on
Thursday, June 18, 1829, under Sir James Kempt, the Administrator of
the Government, the following proceedings were had:
"Report of a Committee of the whole Council Present The Honble.
the Chief Justice in the Chair, Mr. Smith, Mr. DeLery, Mr.
Stewart, and Mr. Cochran on Your Excellency's Reference of a
Letter from the American Secretary of State requesting that Paul
Vallard accused of having stolen a Mulatto Slave from the State
of Illinois may be delivered up to the Government of the United
States of America together with the Slave.
"May it please Your Excellency
"The Committee have proceeded to the consideration of the subject
matter of this reference with every wish and disposition to aid
the Officers of the Government of the United States of America in
the execution of the Laws of that Dominion and they regret
therefore the more that the present application cannot in their
opinion be acceded to.
"In the former Cases the Committee have acted upon the Principle
which now seems to be generally understood that whenever a Crime
has been committed and the Perpetrator is punishable according to
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