tice was ready to give decision but that he deferred for his associates. On that date there were special police on duty about the court in fear of an attempt at rescue by the Negroes and others. The Globe of that date contended that the question of surrendering the man, being a matter of a treaty, should have been dealt with by the executive and not by the courts at all.
"The universal heart and conscience of the people of Canada and of the British nation will say upon the facts of the case that Anderson is not a murderer in the sight of God, or under British law," was a part of its comment editorially upon the case. A day or two later the paper pointed out the significance of this particular case. If Anderson were given up, it maintained, "no fugitive slave in Canada is safe on our soil … there is not a fugitive in Canada whose extradition may not be demanded upon evidence sufficient to put the accused upon his trial."[1]
The court finally gave its judgment on Saturday, December 15. The papers of the following Monday say, that as the decision was being given, police stood about the court with muskets and that a company of Royal Canadian Rifles were also under arms at the Government House.
In its decision the court was not unanimous. The Chief Justice and Justice Burns favored extradition while Justice McLean dissented. The biographer of the Chief Justice says of this judgment: "Their decision was neither in support of nor against slavery but was based entirely upon the consideration of the treaty existing between the United States and Canada." The biographer quotes also as follows from an English contemporary: "These judges, proof against unpopularity and unswayed by their own bitter hatred of slavery, as well as unsoftened by their own feelings for a fellow man, in agonizing peril, upheld the law made to their hands and which they are sworn faithfully to administer. Fiat justitia. Give them their due. Such men are the ballast of nations."[2]
