415.
No. 50.
(CANADA.)
MY LORD DURE,
ATTORNEY GENERAL to COLONIAL OFFICE.
Lincoln's Inn, January 15, 1861. I HAVE had the honour of receiving a letter from Sir Frederic Rogers, dated 12th instant, stating that he was directed by your Grace to inform me that your Grace had been served with a notice (of which a copy was enclosed) purporting that certain persons intended to move in the Court of Queen's Bench for a habeas corpus on behalf of John Anderson, a prisoner in Canada, but whose extradition was, or was likely to be, claimed by the Government of the United States.
And Sir Frederic Rogers added that your Grace wished me to take the matter into my consideration, and to take such steps for watching the case or otherwise as I might deem expedient on behalf of Her Majesty's Government.
In obedience to your Grace's request, I beg to state that in my opinion Her Majesty's Government cannot interfere, either for or in opposition to the motion which, according to the notice, is intended to be made in the Court of Queen's Bench; but that as the subject may become a matter of international importance as between this country and the United States, and it appears to me as at present advised that the judgment of the Court of Queen's Bench in Canada was erroneous, it is desirable that accurate information should be obtained of the proceedings in that country, together with a copy of the Act passed by the Legislature of Canada in pursuance of the Extradition Treaty between the two countries.
To his Grace the Duke of Newcastle, K.G.,
&c.
&c.
&o.
I have, &c.
(Signed) RICHARD BETHELL.
14278.-15.
95.-2/96.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
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