the Lex Loci of the Country in which it is committed, the country
in which he is found may rightfully aid the Police of the Country
against which the Crime was committed in bringing the Criminal
to Justice--and upon this ground have recommended that Fugitives
from the United States should be delivered up.
"But the Committee conceive that the _Crimes_ for which they are
authorized to recommend the arrest of Individuals who have fled
from other Countries must be such as are _mala in se_, and are
universally admitted to be _Crimes_ in every Nation, and that the
offence of the _Individual_ whose person is demanded must be such
as to render him liable to arrest by the Law of Canada as well as
by the Law of the United States.
"The state of slavery is not recognized by the Law of Canada nor
does the Law admit that any Man can be the proprietor of another.
"Every Slave therefore who comes into the Province is immediately
free whether he has been brought in by violence or has entered it
of his own accord; and his liberty cannot from thenceforth be
lawfully infringed without some Cause for which the Law of Canada
has directed an arrest.
"On the other hand, the Individual from whom he has been taken
cannot pretend that the Slave has been stolen from him in as much
as the Law of Canada does not admit a Slave to be a subject of
property.
"All of which is respectfully submitted to Your Excellency's,
Wisdom." (_Can. Arch._, State K, p. 406.)
5. At a meeting of the Executive Council for Upper Canada, held at
York, on Thursday, September 12, 1833, under Sir John Colborne,
Lieutenant Governor, the following proceedings were had:
"Received a Letter from the Governor of the State of Michigan
dated Detroit August 12th 1833 with a new requisition for the
delivery up of Thornton Blackburn and other fugitives from
Justice which was read in Council on 27th August 1833 with the
following opinion of the Attorney General, as referred to him
13th July 1833.
"'ATTORNEY GENERAL'S OFFICE
"'12th July 1833
"'_Sir_
"'I have the Honour to return the various papers relating to the
subject of the requisition from the acting Governor of Michigan
demanding that Thornton Blackburn and others who are
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