§ Order for Committee read.1857
§ THE DUKE OF NEWCASTLE
said, that before the House went into Committee, he was anxious to state why he could not accede to the suggestions made on a former evening by the noble and learned Lord opposite (Lord Chelmsford). The creation of a power of appeal to the home tribunals would be certain to give rise to dissatisfaction in the Colonies; and there really was no reason why such a power should be given, because, if the writ Habeas Corpus were refused in the Court of Queen's Bench, the applicant was enabled, as the law stood, to apply to the Court of Common Pleas. A fugitive slave, like Anderson, was really not exposed to such danger as was generally thought, because the Courts by their decision were not enabled to yield him up; it was necessary that the warrant should be signed by the Governor General. In fairness, however, to the noble and learned Lord opposite, he would state that the Bill as originally draughted contained the very clause which he had suggested; but in accordance with the opinions of the high legal authorities to whom it had been submitted it had been altered to its present shape.
§ LORD CHELMSFORD
said, his experience led him to think it was dangerous to allow Courts to refuse a writ of Habeas Corpus where no right of appeal existed by which their decisions could be tested.
§ House in Committee.
§ Bill reported without Amendment.
§ Amendments made; and Bill to be read 3a to-morrow.