Page:Journal of Negro History, vol. 7.djvu/282

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Journal of Negro History

Gerrit Smith, the famous abolitionist, was one of those who acted on behalf of the fugitive, and his plea made a strong impression. He argued that Anderson was not guilty of murder but at the worst of homicide, that the Ashburton case did not require the surrender of fugitives and that in any case Anderson's delivery was a matter for the English courts to decide.

On the evening of December 19, 1860, a huge mass meeting was held in St. Lawrence Hall. The mayor of the city presided and the chief speaker of the evening was John Scoble, the abolitionist.[1] He was able to throw considerable light upon the exact meaning of the extradition treaty, having interviewed both Lord Aberdeen and Lord Brougham on its terms in relation to fugitive slaves at the time that it was passing through the British Parliament. He was at that time the secretary of the Anti-Slavery Society of England which had become alarmed over the possibilities to fugitives in Canada of the extradition clauses.[2]

Ashburton told him, he said, "that the article in question was no more designed to touch the fugitive slave than to affect the case of deserters or parties charged with high treason." Lord Aberdeen stated that instructions would be sent to the Governor of Canada that in the case of fugitive slaves great care was to be taken to see that the treaty did not work their ruin. Sir Charles Metcalfe, Governor of Canada, was quoted by the speaker as having said that he would never be a party to wronging fugitives.

  1. The proceedings of this meeting are reported at length in The Globe of the following day.
  2. Article X of the Ashburton Treaty, dealing with extradition, reads as follows: "It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisition by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, shall seek an asylum, or shall be found within the territories of the other; provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed, etc."