The Journal of Negro History, Volume 5, 1920Various
History
The Journal of Negro History, Volume 5, 1920
Various
African Americans -- Periodicals
"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 can be the proprietor of
another.
"Every slave therefore who comes into the province is immediately
free whether he has been brought in by violence or has entered it
of his own accord; and his liberty cannot from thenceforth be
lawfully infringed without some cause for which the law of Canada
has directed an arrest.
"On the other hand, the Individual from whom he has been taken
cannot pretend that the slave has been stolen from him in as much
as the law of Canada does not admit a slave to be a subject of
property.
"All of which is respectfully submitted to Your Excellency's
Wisdom."[21]
FOOTNOTES:
[1] Under the Canada Act of 1791, the provinces had each a parliament
or legislature, an upper house, the Legislative Council, of nominated
members, not fewer than seven in Upper and not fewer than fifteen in
Lower Canada, and a lower house, the House of Assembly, sometimes
called the House of Commons elected by the people, not fewer than
sixteen in Upper and not fewer than fifty in Lower Canada.
[2] In the sister province a bill to the same effect was more
fortunate in the same year a little later. This will be considered in
the next chapter.
[3] In a work of some authority, Bibaud's _Pantheon Canadien_, page
211, it is said that "Joseph Papineau, Notary Public, Member of the
Legislature Assembly for Upper Quebec presented about 1797 a petition
of the citizens of Montreal for the abolition of slavery." If that be
the case there was nothing done on the petition, but it seems probable
that the author refers to the petition of 1799 spoken of later in the
Text.
Public-domain text, read in full here on John Shaqi.
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