referred
to the Executive Council by Sir James Kempt, the Administrator of the
Government.[20] The report of the Executive Council shows the view
held that "the Law of Canada does not admit a slave to be a subject of
property."
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
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
|