Note 16 — Chapter VI
Reading edition
The Executive Council on September 7th 1837 recommended his extradition. The following is a copy of the Proceedings:
Executive Council Chamber at Toronto Thursday 7th September 1837
Requisition for Solomon Mosely
Read the Requisition of the Governor of the State of Kentucky and other documents relating to the surrender of Solomon Mosely a fugitive from the State of Kentucky charged with Horse stealing.
Read also the Attorney General opinion thereon as follows:
Attorney General's Office Toronto 6th September 1837
Sir,
I have the honor to report that in my opinion there is sufficient proof of the guilt of Solomon alias John Mosely a fugitive from the State of Kentucky charged with horse stealing in that Country—to Warrant His Excellency the Lieutenant Governor (with the advice of the Executive Council) to deliver him up upon the request made by the Governor of the State referred to.
I have the honor to be &c
(Signed) Cs Hagerman, Atty, Gen
J Joseph Esq, Civil Secretary.
The Council concur in the above opinion of the Attorney General and consider that the case comes within 3rd Wm 4 Ch 7 and therefore advise His Excellency the Lieutenant Governor to deliver up the Fugitive alluded to in the requisition of His Excellency the Governor of the State of Kentucky.
—Can. Arch. State J. Upper Canada, p. 595.
In a despatch from Head to Lord Glenelg, October 8, 1837, Can. Arch. 398, p. 149, Head says: "In a case brought before me only a few days previous to that which is the subject of this communication (i.e., the Jesse Happy case) I insisted on giving up to the Governor of the Commonwealth of Kentucky (a slave) who in order to effect his escape had been guilty of stealing his Master's horse." It was suggested that the real object was to get him back to his Master—not to punish him for the crime. But the crime was perfectly proved and the Council followed the judicial opinion in the Thornton Blackburn case that as the black had been shown to have committed an offence clearly coming within the statute of 1833, they could not advise a course to be taken "different from that which should be pursued with respect to free white persons under the same circumstances." They, therefore, advised an order for extradition.