argument. He said Anderson was “a fugitive from the adjoining republic [where] the evils and the curse of slavery are every day becoming more manifest and … in my judgement the prisoner was justified in using any degree of necessary force to prevent what to him must inevitably have proved a most fearful evil.… I can never feel bound to recognize any enactment which can convert into chattels a very large number of the human race.” 50
It would be up to Burns to break the tie. He argued that in order to interpret the treaty it was necessary to determine not just the words but the intentions of those who wrote and ratified it. “It is true,” he said, “that the moment a slave puts his foot upon Canadian soil he is free, but the British government never contemplated that he should also be free from the charges of murder, piracy or arson, though the crime was committed in the endeavour to obtain freedom.” 51 The audience gasped. Burns was agreeing with Robinson.
All eyes returned to Robinson. The chief justice ordered Anderson returned to jail in Brantford to await extradition to the United States. He then agreed to Freeman’s request that the execution of the order be delayed a week to give time to deal with the question of an appeal.
Anderson was led out the front doors in handcuffs. Some in the crowd cheered him while others roared in anger to demonstrate their opinion of the decision. Freeman calmed the crowd and shouted out, “It is the law. We must obey it.” 52 People rushed forward as Anderson was led to a waiting cab. There was confusion as to whether they were seeking simply to see him or wanting to spring him from the custody of the deputy sheriff. Police roughly pushed people away and cleared a path for the cab to leave. Within minutes Anderson was back in his small cell at the Toronto jail. The crowd dispersed without incident. But it was not over.
From the Kingston home he seldom saw, Macdonald sent a telegraph to Freeman offering to have the government pay expenses for an appeal. 53 A couple of days later, on December 22, Freeman was back in court before Chief Justice Robinson. Robinson made it clear that he saw little chance of the appeal being successful and ruled against allowing it. Anderson was placed on a train and returned to his cell in Brantford to await extradition to Missouri.
Newspapers across Canada reported the decisions. The
Quebec Mercury
was typical of its province’s abolitionist, pro-Anderson consensus and demanded Chief Justice Robinson’s impeachment. 54 Similarly, the
Globe
decried the decision as criminal and announced that it was organizing a public demonstration to allow people to parade their anger. It printed the text of inflammatory handbills that were plastered around Toronto spreading fear and reporting rumour as fact: “When the inhabitants of the Northern States are petitioning by Tens of Thousands to be united to Canada, this is not the time to succumb to the slave power and their invasion in Canada. Arouse then, Petition our Government, Petition our Beloved Queen, No surrender of a Freeman at the dictation of Slaveholders. Let Death or Liberty be Your Watchword.” 55
Toronto mayor Adam Wilson opened the December 23 rally in the St. Lawrence Hall. Several hundred people were there. He advised calm and came down on neither side of the issue. But every speaker who followed was clearly a supporter of Justice McLean’s interpretation, and cheers rose whenever his name was mentioned. Professor Daniel Wilson made the point that all of Canada, and indeed the entire British Empire, was now watching to see if a blow might yet be struck against slavery. 56
Among the speakers that night was John Scoble. He spoke in detail about the Webster-Ashburton Treaty and about the work he had done to bring pressure to bear on British politicians when the treaty was being negotiated. Scoble explained to the attentive crowd that Ashburton had personally assured him that Article
It would be up to Burns to break the tie. He argued that in order to interpret the treaty it was necessary to determine not just the words but the intentions of those who wrote and ratified it. “It is true,” he said, “that the moment a slave puts his foot upon Canadian soil he is free, but the British government never contemplated that he should also be free from the charges of murder, piracy or arson, though the crime was committed in the endeavour to obtain freedom.” 51 The audience gasped. Burns was agreeing with Robinson.
All eyes returned to Robinson. The chief justice ordered Anderson returned to jail in Brantford to await extradition to the United States. He then agreed to Freeman’s request that the execution of the order be delayed a week to give time to deal with the question of an appeal.
Anderson was led out the front doors in handcuffs. Some in the crowd cheered him while others roared in anger to demonstrate their opinion of the decision. Freeman calmed the crowd and shouted out, “It is the law. We must obey it.” 52 People rushed forward as Anderson was led to a waiting cab. There was confusion as to whether they were seeking simply to see him or wanting to spring him from the custody of the deputy sheriff. Police roughly pushed people away and cleared a path for the cab to leave. Within minutes Anderson was back in his small cell at the Toronto jail. The crowd dispersed without incident. But it was not over.
From the Kingston home he seldom saw, Macdonald sent a telegraph to Freeman offering to have the government pay expenses for an appeal. 53 A couple of days later, on December 22, Freeman was back in court before Chief Justice Robinson. Robinson made it clear that he saw little chance of the appeal being successful and ruled against allowing it. Anderson was placed on a train and returned to his cell in Brantford to await extradition to Missouri.
Newspapers across Canada reported the decisions. The
Quebec Mercury
was typical of its province’s abolitionist, pro-Anderson consensus and demanded Chief Justice Robinson’s impeachment. 54 Similarly, the
Globe
decried the decision as criminal and announced that it was organizing a public demonstration to allow people to parade their anger. It printed the text of inflammatory handbills that were plastered around Toronto spreading fear and reporting rumour as fact: “When the inhabitants of the Northern States are petitioning by Tens of Thousands to be united to Canada, this is not the time to succumb to the slave power and their invasion in Canada. Arouse then, Petition our Government, Petition our Beloved Queen, No surrender of a Freeman at the dictation of Slaveholders. Let Death or Liberty be Your Watchword.” 55
Toronto mayor Adam Wilson opened the December 23 rally in the St. Lawrence Hall. Several hundred people were there. He advised calm and came down on neither side of the issue. But every speaker who followed was clearly a supporter of Justice McLean’s interpretation, and cheers rose whenever his name was mentioned. Professor Daniel Wilson made the point that all of Canada, and indeed the entire British Empire, was now watching to see if a blow might yet be struck against slavery. 56
Among the speakers that night was John Scoble. He spoke in detail about the Webster-Ashburton Treaty and about the work he had done to bring pressure to bear on British politicians when the treaty was being negotiated. Scoble explained to the attentive crowd that Ashburton had personally assured him that Article
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