e had under consideration the papers relating to
the requisition of the acting Governor of Michigan, together with
evidence furnished by His Excellency the Governor of that
Territory accompanied by a further requisition for the delivery
of the fugitives--they have also had before them the opinions of
the three Judges and of the Attorney General with which they
concur and have been led to the conclusion that the fugitive
Slaves named in the requisitions are not charged with an offence
which would have rendered them liable to any of the punishments
enumerated in the Provincial Statute and consequently that the
Lieutenant Governor and Council are not authorized by its
provisions to send them out of the Province.'" (_Can. Arch._,
State J, p. 155.)

8. At an Executive Council for Upper Canada held at Toronto, Saturday,
September 9, 1837, under the presidency of the Honourable William
Allen, the following proceedings were had:

"Read the Attorney General's Report of the 8th instant on
Documents for the surrender of Jesse Happy, a fugitive from
Justice in the United States charged with horse stealing--upon
which the Council made the following Report

"'The Council have taken into serious consideration the Documents
with the Reports of the Attorney General

"'A similar application referred for the Report of the Council on
the 7th Instant--In that case as in the present it was suggested
that the fugitive was a slave, and that the real object of the
application was not so much to bring him to trial for the alleged
Felony as to reduce him again to a state of Slavery--In that case
however it appeared that the Offence had been recently committed
viz: in May last--That an early occasion, probably the first, was
taken to have him indicted--that process for his apprehension
immediately issued and that shortly after the return of the
Sheriff to that process the requisition from His Excellency the
Governor of the State of Kentucky was obtained and promptly
brought to this Province. Under these circumstances the Council
were of opinion that in the exercise of a sound discretion they
were called upon to recommend to Your Excellency to comply with
the requisition--The facts appearing upon the Official Documents
in this case are widely different--The Alleged Offence purp