tates it is not probable that the Executive
Government there would prevent the slave masters from asserting
their rights under those laws and it is therefore reasonable to
suppose that the consequence may really follow which the parties
concerned have represented. Still if in this case the black
people whose arrest is applied for had been shown to have fled
from a charge for any such offence as would clearly come within
our Statute, we do not conceive that we could on that account
have advised a course to be pursued in regard to them different
from that which should be pursued with respect to free white
persons under the same circumstances. When we say this we should
desire it to be understood that we are so clearly of opinion on
the other hand, that the withdrawing from a state of Slavery in a
foreign Country could not here be treated as an offence with
reference to our statute already alluded to so that any person
could be surrendered up under that statute upon such a ground
merely. We beg leave to express to Your Excellency our regret for
the delay that has occurred in answering the reference which Your
Excellency and the Honorable the Executive Council have thought
fit to make to us. Among other causes which have led to it was a
doubt at first entertained among us whether we could properly
give an opinion upon a matter which under possible circumstances
might give rise to a judicial proceeding in which the same
question would come before us or some one of us for decision. An
examination of this subject has removed this doubt and we now
submit our opinion to Your Excellency with such explanations as
seemed to us to be material.

"'We have the Honor to be
"'Your Excellency's Most obedient
"and humble Servants
"'(Signed) "'JOHN B. ROBINSON, C. J.
"'L. P. SHERWOOD--J.
"'J. B. MACAULEY--J.'"

"Upon which the council were pleased to make the following
Report.

"'_To His Excellency_, Sir John Colborne, K.C.B., Lieutenant
Governor of the Province of Upper Canada and Major General
Commanding His Majesty's Forces therein--&c----&c &c

"'May it please Your Excellency

"'The Council hav