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appears to me clear that the Poreign Government cease to have
any voice in the matter - otherwise than diplomatic. It anems
to me inconceivable that a Foreign Government should first
ask the English Government to act, and then construe that into
a permission to conduct the proceedings. The letter and spirit
of the Act are dead against it. If it had been thought advisable
nothing would have been easier than to have made a different
procedure; and to say that the requisition should take the form
of a request to appear before the English Courts to conduct the
case. But there soon to me to be any many reasons why such a
course has not been adopted. The main one is this that the
foreign criminal proceedings have dropped out entirely, except
30 far as any evidence which may have been taken in them is
concerned. Currency is not given to the foreign warrant: a
whole English procedure has been super-imposed on the foreign
proceedings, as auxiliary to it; and further, the question before the English Courts is entirely one of English law: an
arbitrary but convenient test, the reference of the facts to
English criminal law, has been created: so that the questions
before the Magistrate are essentially English from beginning
to end. And on the habeas corpus the question is whether accord
-ing to the principles of English law, that is, the English law of personal liberty and the English rules of construction of
Act and Treaty, the person has been unjustly deprived of his liberty. In these proceedings, directly a requisition has boon presented and the Secretary of State's order to the Maristrate
it is made thereon, the foreign proceedings dropping out, impossible to say that the foreign Government is the party aggrieved, or that there is any analogy between the position of the foreign Government and that of the complainant in an English criminal case. The English Bench is charged solely with the duty of ascertaining whether the English Government can comply with the Axaxani roquest of the foreign Government. There is another and it appears to me, very important reason against allowing the foreign Government to appear. Counsel for
the