"Upon which the council were pleased to make the following Report.

"'_To His Excellency_, Sir John Colborne, K.C.B., Lieutenant Governor of the Province of Upper Canada and Major General Commanding His Majesty's Forces therein--&c----&c &c

"'May it please Your Excellency

"'The Council have had under consideration the papers relating to the requisition of the acting Governor of Michigan, together with evidence furnished by His Excellency the Governor of that Territory accompanied by a further requisition for the delivery of the fugitives--they have also had before them the opinions of the three Judges and of the Attorney General with which they concur and have been led to the conclusion that the fugitive Slaves named in the requisitions are not charged with an offence which would have rendered them liable to any of the punishments enumerated in the Provincial Statute and consequently that the Lieutenant Governor and Council are not authorized by its provisions to send them out of the Province.'" (_Can. Arch._, State J, p. 155.)

8. At an Executive Council for Upper Canada held at Toronto, Sat.u.r.day, September 9, 1837, under the presidency of the Honourable William Allen, the following proceedings were had:

"Read the Attorney General's Report of the 8th instant on Doc.u.ments for the surrender of Jesse Happy, a fugitive from Justice in the United States charged with horse stealing--upon which the Council made the following Report

"'The Council have taken into serious consideration the Doc.u.ments with the Reports of the Attorney General

"'A similar application referred for the Report of the Council on the 7th Instant--In that case as in the present it was suggested that the fugitive was a slave, and that the real object of the application was not so much to bring him to trial for the alleged Felony as to reduce him again to a state of Slavery--In that case however it appeared that the Offence had been recently committed viz: in May last--That an early occasion, probably the first, was taken to have him indicted--that process for his apprehension immediately issued and that shortly after the return of the Sheriff to that process the requisition from His Excellency the Governor of the State of Kentucky was obtained and promptly brought to this Province. Under these circ.u.mstances the Council were of opinion that in the exercise of a sound discretion they were called upon to recommend to Your Excellency to comply with the requisition--The facts appearing upon the Official Doc.u.ments in this case are widely different--The Alleged Offence purports to have been committed more than four years ago. When the Indictment was preferred is not shown (as it was in the former case) but the earliest date which shows its existence is 1st June 1835 when the certificate of the Clerk of the Court is given. No process seems to have been issued in the State of Kentucky nor is any other step shown to have been taken until the middle of last month. There also it is suggested that the fugitive is a slave that the real object of his apprehension is to give him up to his former owners and so to deprive him of that personal liberty which the laws of this country secure him. If this be conceded in the present instance after a lapse of four years, no argument could be consistently urged against the delivery up (on the usual application) of persons who have been still longer resident in this Province.

"'The delivery of a Slave under these circ.u.mstances to the authorities claiming him would it is clear subject him to a double penalty, the one of punishment for a crime, the other of a return to a state of Slavery, even if he should be acquitted. The former in strict accordance with our Statute, the other in direct opposition to the genius of our inst.i.tutions and the spirit of our Laws. For this cause the Council feel great difficulty in the course which they would advise Your Excellency to adopt, were there any law by which, after taking his trial and if convicted undergoing his sentence he would be restored to a state of freedom, the Council would not hesitate to advise his being given up but there is no such provision in the Statute.

"'On the other hand the Council feel that it cannot be permitted that because a man may happen to be a fugitive slave he should escape those consequences of crime committed in a foreign country to which a free man would be amenable. This would be equally contrary to the Law and to the spirit of mutual justice which gave origin to it, in this Province as well as in the United States. Considering however the circ.u.mstances of this case and also the difficulty that might arise from it as a precedent the Council respectfully recommend that time should be given to the accused to furnish affidavits of the facts set forth in the Pet.i.tion presented on his behalf in order to a full understanding of the whole matter.

"'The Council would further respectfully submit to Your Excellency the propriety of drawing the attention of Her Majesty's Government to this question with a view of ascertaining their views upon it as a matter of general policy.'" (_Can.

Arch._, State J, p. 597.)

FOOTNOTES:

[1] For these doc.u.ments Mr. Justice Riddell is indebted to Mr. William Smith of the Department of Archives, Ottawa, Canada.

ADDITIONAL LETTERS OF NEGRO MIGRANTS OF 1916-1918[1]

LETTERS STATING THAT WAGES RECEIVED ARE NOT SATISFACTORY

BROOKHAVEN, MISS., April 24, 1917.

_Gents:_ The cane growers of Louisiana have stopped the exodus from New Orleans, claiming shortage of labor which will result in a sugar famine.

Now these laborers thus employed receive only 85 cents a day and the high cost of living makes it a serious question to live.

There is a great many race people around here who desires to come north but have waited rather late to avoid car fare, which they have not got. isnt there some way to get the concerns who wants labor, to send pa.s.ses here or elsewhere so they can come even if they have to pay out of the first months wages? Please dont publish this letter but do what you can towards helping them to get away. If the R. R. Co. would run a low rate excursion they could leave that way. Please ans.

JACKSONVILLE, FLA., April 4, 1917.

_Dear Sir:_ I have been taking defender for sevel months and I have seen that there is lots good work in that section and I want to say as you are the editor of that paper I wish that you would let me know if there is any wheare up there that I can get in with an intucion that I may get my wife and my silf from down hear and can bring just as miney more as he want we are suffing hear all the work is giveing to poor white peples and we can not get anything to doe at all I will go to pennsylvania or n y state or N J or Ill. or any wheare that I can surport my wife I am past master of son of light in Ma.s.s. large Royal arch and is in good standing all so the good Sancer large no. 18. I need helpe my wife cant get any thing to due eather can I so please if you can see any body up there that want hands let me no at once I can get all they need and it will alow me to get my wife away from down hear so please remember and ans. I will apreshate it.

Looking for ans at once. Please let me no some thing thease crackers is birds in south

NASHVILLE, TENN., April 22, 1917.

_Sir:_ I am in Nashville and I have a job but is not satisfied with the money that I am getting for my work and I ask of you to please give me a good job working any place I am a expirence fire man and all so some expirence in engineer and please answer soon and let me know what you can find for me to do.

ALEXANDRIA, LA., June 6, 1917.

_Dear Sirs:_ I am writeing to you all asking a favor of you all.

I am a girl of seventeen. School has just closed I have been going to school for nine months and I now feel like I aught to go to work. And I would like very very well for you all to please forward me to a good job. but there isnt a thing here for me to do, the wages here is from a dollar and a half a week. What could I earn Nothing. I have a mother and father my father do all he can for me but it is so hard. A child with any respect about her self or his self wouldnt like to see there mother and father work so hard and earn nothing I feel it my duty to help. I would like for you all to get me a good job and as I havent any money to come on please send me a pa.s.s and I would work and pay every cent of it back and get me a good quite place to stay. My father have been getting the defender for three or four months but for the last two weeks we have failed to get it. I dont know why. I am tired of down hear in this ---- / I am afraid to say. Father seem to care and then again dont seem to but Mother and I am tired tired of all of this I wrote to you all because I believe you will help I need your help hopeing to here from you all very soon.

ATLANTA, GA., April 29, 1917.

SIR: I am a young man 25 years of age. I desire to get in some place where I can earn more for my labor than I do now, which is $1.25 per day. I do not master no trade but I have finished a correspondence course with the practical auto school of New York City and with a little experience I would make a competent automobile man, but I do not ask for your a.s.sistance on this line of business only. I am willing to do anything for better wages.

P.S. I would like if you knows if there is an auto school any where where colored men can go to and learn the automobile industry to give me their address.

JACKSONVILLE, FLA., April 30, 1917.

_Kind sir:_ In reading the Chicago Defender I saw where laborers are wanted and of course not knowing whether you would send transportation this far or not I would like a good job in the north where I can earn more for my labor and would like for you to help me out if you would. I am now working at the Clyde Line and they are cutting off help every day of course I dont know about this moulding work but am very quick to learn any thing most any kind of work for a laboring man, dont play on the job.

all I ask of you is a trial, willing and ready to go to work any time I hear from you. Please ans soon. willing to Detroit Michigan or any part of the north.

_Sirs:_ I am writing to find out if there is any way that you could find me a job. I would be very glad for you to do so and I will see that you wont loose nothing if I can get the job. work no good here for a black man. And I want to leave this place. But I cannot make the money to leave on and I hope you will do all you can in the way of helping me to secure a job and I hope you will let me here from you in short.

WILMINGTON, N. C., May 4, 1917.

_Dear Sir:_ Wright a fiew words for work i ask to hand this editor to read we are work mens wont to work but wages is so little we cant get out we wont to leave the south and work. Pleas wright let me know 10 mens able body men will stick to work we well come.

DALLAS, TEX., April 30, 1917.

_Dear Sir:_ I read your advertis.e.m.e.nt in the Chicago Defender and having been unable to find work here I want a chance of this kind also a friend of mine, we are both willing to work. Tell me how soon you can send and how many you are willing to send for.

AUGUSTA, GA., 5-28-17.

_Gentlemens:_ In reading the defender the paper of our race the numerous wanted of labor in your state I would like make some of the good pay for G.o.d knows we need it in Augusta. Gentlemens I made very effort to come out in Illinois or some other place where I can live deason. I have payed as much as too dollars & that I cant get away from here, we can scarcely live in Augusta not say anything about debt. I wish you gentlemens would asist me in getting away from here not only my self but some friends or send an agent threw here I mean agent not some so call agent--or if you gentlemens see I get a transportation I am real in what I am saying any kind that a living in. I am twenty years exspierince in yellow pine lumber willing to do any thing else that pays gentlemens answer at once. I like to come now to get settled by winter.

PENSACOLA, FLA., April 23, 1917.

_Dear Sir:_ I saw your advice in the Chicago Defender I thought to wright for farther in fennashion I would be glad to now how I can get ther I am a laborn man want to get where work is plentiful & good wedges i want to get in a Christian nise place i have a good family and car for them I want to come up there to see the place & then latter on send for family can u send for me or describe me to some one who will send for me.