John Anderson (escaped Slave)
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John Anderson (escaped Slave)
The Anderson case took place in Canada West from 1860 to 1861. The case dealt with whether or not to extradite an escaped slave to the United States on the charge of murder. The majority of the presiding judges who handled the case agreed that there was sufficient evidence to prove criminality of the extraditable offence. The decision was based upon the terms laid out in Article X of the Webster–Ashburton Treaty of 1842. Anderson was released on a technicality. Background Jack Burrows, an enslaved man in Missouri, escaped from slavery in September 1853. On 28 September, three days after he left his enslavers, he encountered Seneca T. P. Digges, a slaveowner who sent his slaves to recapture Burrows. During a struggle, Burrows stabbed Digges who died on 11 October. Accounts differ on whether Digges provoked Burrows (later Anderson). Burrows, tracked by bounty hunters, travelled by foot to Chicago. From there he went to Detroit and entered Canada, reaching Windsor (then in Canada W ...
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John Anderson - The Story Of The Life Of John Anderson, The Fugitive Slave - Frontispiece - 1863 (cropped)
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Canadian Extradition Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Law Of Canada
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding ...
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Canadian Historical Review
The ''Canadian Historical Review'' (''CHR'') is a scholarly journal in Canada, founded in 1920 and published by the University of Toronto Press."Canadian Historical Review"
''The Canadian Encyclopedia''
The ''CHR'' publishes articles about the ideas, people, and events important to Canadian history, as well as book reviews and detailed bibliographies of recent Canadian historical publications. The ''CHR'' covers all topics of Canadian history, ranging from Indigenous issues to liberalism to the First World War. The ''CHR'' has two major objectives: "to promote high standards of research and writing in Canada … and to foster the study of Canadian history."''The contested past''
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University Of Toronto Press
The University of Toronto Press is a Canadian university press founded in 1901. Although it was founded in 1901, the press did not actually publish any books until 1911. The press originally printed only examination books and the university calendar. Its first scholarly book was a work by a classics professor at University College, Toronto. The press took control of the university bookstore in 1933. It employed a novel typesetting method to print issues of the ''Canadian Journal of Mathematics'', founded in 1949. Sidney Earle Smith, president of the University of Toronto in the late 1940s and 1950s, instituted a new governance arrangement for the press modelled on the governing structure of the university as a whole (on the standard Canadian university governance model defined by the Flavelle commission). Henceforth, the press's business affairs and editorial decision-making would be governed by separate committees, the latter by academic faculty. A committee composed of Vincent ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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Habeas Corpus Act 1862
The Habeas Corpus Act 1862 (25 & 26 Vict. c.20) is an Act of the Parliament of the United Kingdom that limited the right of the English courts to issue writs of ''habeas corpus'' in British colonies or dominions. The act was passed in response to '' Ex parte Anderson'', a case in the Canadian courts in which the English Court of King's Bench attempted to issue a writ of ''habeas corpus'' and have Anderson appear before an English judge. While the court issued the writ, it felt that setting such a precedent would interfere with the "higher degree of Colonial independence". As a result, the Act was passed, receiving royal assent on 16 May 1862. The statute consists of only two clauses: * s. 1 declares that no writ of ''habeas corpus'' can be issued by an English judge to any foreign nation or colony which forms part of the Queen's possessions (broadly speaking, the Commonwealth of Nations) if that nation has a court able to issue such a writ. * s. 2 states that the act does not aff ...
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Warrant (law)
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed. A warrant is usually issued by a court and is directed to a sheriff, a constable, or a police officer. Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants. Types * Arrest warrant, issued by a judge to detain someone * Execution warrant, writ issued by a judge authorizing the death of someone * Possessory warrant, a civil writ issued by a judge ordering property delivered to a named person * Search warrant, a writ issued by a judge allowing law enforcement to look inside a property * Warrant of committal, issued by a judge ordering enforcement of a previous order against an uncooperative person or corporation ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ...
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