[21] _Canadian Archives_, G. 84, p. 277. The letter to Sir George
Arthur is _ibid._, G. 84, p. 275. The despatch from Lord Glenelg to
Sir Francis Bond Head dated January 4, 1837, has endorsed on it a
pencil memorandum "Jesse Happy has been liberated by Lieutenant
Governor's command November 14, 1837," _ibid._, G. 83, p. 238.

[22] Concluded at Washington, August 9, 1842.

[23] It was held in the Province of Upper Canada that the Act of 1833
was superseded by the Ashburton Treaty in respect to the United
States, but that it remained in force with respect to other countries
(Reg. _v._ Tubber, 1854, 1, P.R. 98). Since the treaty our government
has refused to extradite where the offence charged is not included in
the treaty. In re Laverne Beebe (1863), 3 P.R. 273--a case of
burglary. The provisions of the treaty were brought into full effect
in Canada (Upper and Lower) by the Canadian Statute of 1849, 12, Vic.
c. 19; C.S.C. (1859), c. 89.

[24] The Chief Justice Sir John Beverley Robinson, Mr. Justice McLean
(afterwards Chief Justice of Upper Canada) and Mr. Justice Burns.

[25] The seat of the Superior Courts in Toronto, the Palais de Justice
of the Province.

[26] Mr. Samuel B. Freeman Q.C., of Hamilton, a man of much natural
eloquence, considerable knowledge of law and more of human nature; he
was always ready and willing to take up the cause of one unjustly
accused and was singularly successful in his defences. I have heard it
said that it was Mr. M.C. Cameron, Q.C., who so addressed the
gathering but he does not seem to have been concerned in the case in
the Queen's Bench.

[27] The case is reported in (1860) 20 U. Can. Q.B., pp. 124-123. The
warrant is given at pp. 192, 193.

[28] The case is reported in (1861) 3 Ellis & Ellis Reports, Queen's
Bench, p. 487; 30, Law Jour., Q.B., p. 129; 7 Jurist N.S., p. 122; 3
Law Times, N.S., p. 622; 9 Weekly Rep., p. 255.

It was owing to this decision that the statute was passed at
Westminster (1862) 25, 26, Vic. c. 20, which by sec. 1 forbids the
courts in England to issue a writ of habeas corpus into any British
possession which has a court with the power to issue such writ. The
Court was Lord Chief Justice Cockburn and Justices Crompton Hill and
Blackburn, a very strong court. The Counsel for Anderson was the
celebrated but ill-fated Edwin James. The writ was specially directed
to the sheriff at Toronto, the sheriff at Brantford and the jail
keeper at Brantford. Ju