PUBLIC RECORD OFFICE
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TPLLC.O.
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10 PUBLIC RECORD OFFICE, LONDON
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MY LORD,
No. 296.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
Dec. 16, 1864.
Lincoln's Inn, January 6, 1865. WE are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 3rd January instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, with a Despatch and private letter from 265. Lord Monck, respecting the measures which might be adopted in Canada for restraining persons who seek an asylum in that country from the commission of acts calculated to compromise the neutrality of Her Majesty's dominions, and to request that we would take these papers into our immediate consideration and favour your Lordship at our earliest convenience, and at all events before next Saturday, with our opinion on Lord Monck's suggestions, and that we would state whether it occurred to us to suggest the enactment of any laws or the grant of any powers to the Governor General which would be more effectual for the purpose than those which Lord Monck appears to contemplate.
Mr. Hammond was also pleased to add that your Lordship is inclined to think that the preparation of chemical materials to be used for the purpose of burning any property of a friendly and neighbouring State should also be made subject to penalty, and further that your Lordship would wish to be informed whether it would not be right for him to address a letter to Mr. Mason, the agent for the Confederate States, who is now at Paris, complaining of the conduct of the Confederate Government in projecting hostile expeditions from Canada.
Mr. Hammond was further pleased to state that if, however, we should consider the St. Albans raiders as guilty of robbery and murder, such a letter might not be expedient. In obedience to your Lordship's commands we have taken these papers into our con- sideration, and have the honour to
Report
That we retain the opinion expressed in our last report on this subject, that it is most expedient that the Governor General of Canada should be armed, with as little delay as possible, with such extraordinary powers as may enable him to deal promptly and effectually with the difficulties incident to the present emergency.
And we are clearly of opinion that he should be furnished with these extraordinary powers by an Act of the Provincial Leglislature, and not of the Imperial Parliament.
It appears to us that these powers should embrace two objects, viz., the sending of suspected aliens out of the Province and the seizure of suspected vessels on the British lakes, and munitions of war of every kind, in which category we think (according to your Lordship's suggestion) might be included chemical materials adapted to and prepared for the burning of property.
For the first object we agree with his Excellency Lord Monck that the 11 Vict. c. 20. contains provisions which the Law Officers of Canada could easily adapt to the exigencies of the present emergency, and for the latter object we think the Act of Congress referred to by Lord Monck, as well as that of March 10, 1838 (to which we referred in our former report), passed for the purpose of strengthening the hands of the United States Govern- ment during the Canadian Rebellion, to prevent the invasion of Canada by subjects of the United States, would furnish a very proper precedent and model, and we think it especially desirable that the operation of the proposed Canadian statute should be limited either to a short period of two or three years (as the United States statute was) or to the duration of the present Civil War in America.
We cannot safely advise your Lordship that the persons termed the "St. Albans raiders,” if they possessed (as they professed to do) commissions from the Confederate Government authorising what they did, could be legally treated as guilty of robbery and murder; but as this is a question which must depend in every particular case upon the evidence which may be produced for the purpose of giving to the act done the character of a warlike operation, we think it would scarcely be expedient for your Lordship on the present occasion to address a letter of remonstrance to Mr. Mason founded upon assumption that the recent outrage was perpetrated under the instructions of his Government.
The Right Hon. the Earl Russell, K.G.
We have, &c.
(Signed)
ROUNDELL PALMER. R. P. COLLIER.
R. PHILLIMORE.
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16278-486.
25.-2/86.
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