" of Missouri, but would not have

" amorested1 murder if it had been

"

committed in Canada, we are of Opinion that the Canadian Government is not bound by the 10th Article2 of the Treaty of Washington (9th of

" August,

"

2) to surrender

of

" Anderson, though demanded by the

"American Government with all

" due formalities, under the provisions

" of the Treaty . The plain meaning of

to no to be, that

as,

"the fact proved in support of the

" particular charge, whatever its

" nature, must be such facto3

" if they had occurred in the

" harbouring State, would, by the

"law of that State, have warranted

"the apprehension and commitment

" of the perpetrator to take his trial

" on such charge."

Amoritering4 the worthy to de

e

of opinion that any offence against

647

And in this

Case

I find from

Dana's notes to Wheaton that the

Court of Common Pleas in Canada

held that the act did not come within the

Treaty and discharged

the prisoner.

The principle that the offence for which the extradition is claimed should be a crime punishable in the harbouring state has also been laid

down in other

cases.

authorities Jam

Considering these of opinion that any offence against

It appears that the original text is a legal or historical document discussing extradition treaties between Canada and the United States. The text has been processed according to the given rules: 1. **Format**: The text has been transformed into HTML using `

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