the State of Kentucky charged with horse stealing in that
Country--to Warrant His Excellency the Lieutenant Governor (with
the advice of the Executive Council) to deliver him up upon the
request made by the Governor of the State referred to.

I have the honor to be &c
(Signed) CS HAGERMAN, _Atty, Gen_

J JOSEPH ESQ,

_Civil Secretary._

The Council concur in the above opinion of the Attorney General
and consider that the case comes within 3rd Wm 4 Ch 7 and
therefore advise His Excellency the Lieutenant Governor to
deliver up the Fugitive alluded to in the requisition of His
Excellency the Governor of the State of Kentucky.

--_Can. Arch. State J. Upper Canada_, p. 595.

In a despatch from Head to Lord Glenelg, October 8, 1837, Can. Arch.
398, p. 149, Head says: "In a case brought before me only a few days
previous to that which is the subject of this communication (_i.e._,
the Jesse Happy case) I insisted on giving up to the Governor of the
Commonwealth of Kentucky (a slave) who in order to effect his escape
had been guilty of stealing his Master's horse." It was suggested that
the real object was to get him back to his Master--not to punish him
for the crime. But the crime was perfectly proved and the Council
followed the judicial opinion in the Thornton Blackburn case that as
the black had been shown to have committed an offence clearly coming
within the statute of 1833, they could not advise a course to be taken
"different from that which should be pursued with respect to free
white persons under the same circumstances." They, therefore, advised
an order for extradition.

[17] To his people he seems to have been known as "Hubbard Holmes" he
is always called a "yellow man," whether mulatto, quadroon, octoroon
or other does not appear.

[18] The contemporary accounts of this transaction, _e.g._, in the
_Christian Guardian_ of Toronto, and the _Niagara Chronicle_, are not
wholly consistent. The main facts are clear; although there is some
doubt as to the time, the military guard were ordered to fire.

[19] Present, Allen, Hon. Augustus Baldwin and Hon. William Henry
Draper (afterwards Chief Justice of the Court of Common Pleas, 1856,
Chief Justice of the Province of Upper Canada, 1863, and President of
the Court of Error and Appeal 1868 till his death, 1877).

[20] _Canadian Archives State J._, p. 597.