Wales. His Royal Highness and the British secretary of state for the colonies, the Duke of Newcastle, had to spend twenty-two uncomfortable hours aboard a ship in Kingston harbour to avoid dealing with displays by enthusiastic members of the anti-Catholic Orange Order, which in Canada was a powerful force but in England was illegal. The incident was hardly Macdonald’s fault but the scandal wouldn’t die, so he took his case directly to the people with something that had never been done in Canadian politics—a speaking tour.
On December 3, in a crowded St. Catharines hall, the air smudged with smoke and the 350 people in attendance plying themselves with food and liquor, the attorney general took his stand on the two issues of the day. He handled the Orange Lodge matter with deft humour. No one could charm like John A. He then turned to the Anderson case and for the first time addressed it in a public forum.
Macdonald defended the rule of law, the professionalism of the three presiding justices and all the decisions that had been made. He was greeted by rousing applause and cries of shame whenever Brown’s name was mentioned. “Strange to say,” he said, “Mr. Brown of the
Globe
, attempts to make it a matter of political capital against me, that instead of sending the man to be tried in the States … and I had to the power to send him at once to Missouri—I sent the matter to the judges, to have it fully decidedwhether a case was fully made out against him.” 46 Macdonald concluded with the argument that he and his party, and not Brown’s, were more avowedly anti-slavery.
Meanwhile, many American newspapers continued to raise concerns about the damage the Anderson case could do. The
Detroit Daily Advertiser
, for instance, published an editorial stating, “if this case is decided in favor of the claimants, it will virtually break up the underground railroad, and make Canada no longer a resort for runaways.” 47 The
New York Times
reported extensively on the Anderson case and reflected an understanding of its importance in Canadian internal political struggles and in Canadian, British and American relations. One article spoke of the case potentially leading to war, arguing, “as to the relations between Great Britain and the United States … [t]he case could be a
casus belli
between the two countries.” 48
The
Baltimore American
joined many Southern papers in making public the argument that Missouri governor Stewart and others were making privately: the Anderson case was playing a role in the debates taking place in many Southern cities regarding secession. One article, for instance, stated bluntly that Anderson needed to be quickly extradited to stand trial in Missouri to help dissuade those in the state wishing to secede. It argued: “It is important to the south that assassins like Anderson be returned to face their justly deserved punishment. When such deeds go unpunished, who will say that the people of the South have no cause of complaint.” 49
Finally, the justices were ready. It was December 15 and the day had dawned cold. A large and restless crowd had assembled and armed police were again ready with a contingent of soldiers assembled nearby. Just after ten o’clock, Chief Justice Robinson led justices McLean and Burns to their spots. The judges would rule separately, so it would take two decisions in Anderson’s favour to save his life.
Robinson began reading his carefully prepared statement. He presented the argument that it was not necessary to prove that the murder had been committed in order to extradite Anderson but only that therewas sufficient evidence for there to be a trial. That he stabbed Digges in an attempt to escape slavery was, bluntly, irrelevant. He concluded that Anderson should be sent back to Missouri to stand trial for murder.
Next up was Justice Archibald McLean. He disagreed with Robinson and took a broad interpretation of existing law, echoing Freeman’s moral
On December 3, in a crowded St. Catharines hall, the air smudged with smoke and the 350 people in attendance plying themselves with food and liquor, the attorney general took his stand on the two issues of the day. He handled the Orange Lodge matter with deft humour. No one could charm like John A. He then turned to the Anderson case and for the first time addressed it in a public forum.
Macdonald defended the rule of law, the professionalism of the three presiding justices and all the decisions that had been made. He was greeted by rousing applause and cries of shame whenever Brown’s name was mentioned. “Strange to say,” he said, “Mr. Brown of the
Globe
, attempts to make it a matter of political capital against me, that instead of sending the man to be tried in the States … and I had to the power to send him at once to Missouri—I sent the matter to the judges, to have it fully decidedwhether a case was fully made out against him.” 46 Macdonald concluded with the argument that he and his party, and not Brown’s, were more avowedly anti-slavery.
Meanwhile, many American newspapers continued to raise concerns about the damage the Anderson case could do. The
Detroit Daily Advertiser
, for instance, published an editorial stating, “if this case is decided in favor of the claimants, it will virtually break up the underground railroad, and make Canada no longer a resort for runaways.” 47 The
New York Times
reported extensively on the Anderson case and reflected an understanding of its importance in Canadian internal political struggles and in Canadian, British and American relations. One article spoke of the case potentially leading to war, arguing, “as to the relations between Great Britain and the United States … [t]he case could be a
casus belli
between the two countries.” 48
The
Baltimore American
joined many Southern papers in making public the argument that Missouri governor Stewart and others were making privately: the Anderson case was playing a role in the debates taking place in many Southern cities regarding secession. One article, for instance, stated bluntly that Anderson needed to be quickly extradited to stand trial in Missouri to help dissuade those in the state wishing to secede. It argued: “It is important to the south that assassins like Anderson be returned to face their justly deserved punishment. When such deeds go unpunished, who will say that the people of the South have no cause of complaint.” 49
Finally, the justices were ready. It was December 15 and the day had dawned cold. A large and restless crowd had assembled and armed police were again ready with a contingent of soldiers assembled nearby. Just after ten o’clock, Chief Justice Robinson led justices McLean and Burns to their spots. The judges would rule separately, so it would take two decisions in Anderson’s favour to save his life.
Robinson began reading his carefully prepared statement. He presented the argument that it was not necessary to prove that the murder had been committed in order to extradite Anderson but only that therewas sufficient evidence for there to be a trial. That he stabbed Digges in an attempt to escape slavery was, bluntly, irrelevant. He concluded that Anderson should be sent back to Missouri to stand trial for murder.
Next up was Justice Archibald McLean. He disagreed with Robinson and took a broad interpretation of existing law, echoing Freeman’s moral
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