dgment was given January 15, 1861.

[29] Common Law of course, not Chancery.

[30] The court was composed of Chief Justice William Henry Draper,
C.B., Mr. Justice Richards, afterwards Chief Justice successively of
the Court of Common Pleas, of the Court of Queen's Bench and of the
Supreme Court of Canada and Mr. Justice Hagarty, afterwards Chief
Justice successively of the Court of Common Pleas, of the Court of
King's Bench, and of Ontario.

Mr. Freeman was assisted in this argument by Mr. M.C. Cameron, a
lawyer of the highest standing professionally and otherwise,
afterwards Justice of the Court of Queen's Bench and afterwards
Counsel for the Crown on both arguments were Mr. Eccles, Q.C., a man
of deservedly high reputation, and Robert Alexander Harrison,
afterwards Chief Justice of the Court of Queen's Bench, an exceedingly
learned and accurate lawyer.

The case in the Court of Common Pleas is reported in Vol. 11. Upper
Can., C.P., pp. 1 sqq.

[31] Canadian Archives, Sundries U.C., 1807.

It would be unfair to the United States to say or suggest that all the
flights for freedom were in the one direction. Very early trouble was
experienced by Canadian owners of slaves from their running away to
the United States. The following letter tells its own story. D.M.
Erskine the British representative writing from New York, May 26,
1807, to Francis Gore, Lieutenant Governor of Upper Canada, says:

"I have the honour to acknowledge the receipt of your letter of the
24th ult enclosing a Memorial presented to you by the Proprietors of
Slaves in the Western District of the Province of Upper Canada.

"I regret equally with yourself the Inconvenience which His Majesty's
subjects in Upper Canada experience from the Desertion of their slaves
into the Territory of the United States, and of Persons bound to them
for a term of years, as also of his Majesty's soldiers and sailors;
but I fear no Representation to the Government of the United States
will at present avail in checking the evils complained of, as I have
frequently of late had occasion to apply to them for the Surrender of
various Deserters under different circumstances and always without
success.

"The answer that has been usually given, has been, 'That the Treaty
between Great Britain & the United States which alone gave them the
Power to surrender Deserters having expired, it was impossible for
them to exercise such an authority without the Sanction of the Laws.'