6355.
No. 514.
PUBLIC RECORD OFFICE
Reference :-
سلسا
C.O. 885
2
think that, for the avoidance of any doubt, the course pursued was a proper one to adopt.
We have, &c. (Signed) JOHN B. KARSLAKE. <WM. BALIOL BRETT.
His Grace the Duke of Buckingham and Chandos, K.G.
&c.
&c.
(.
&c.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Temple, June 17, 1868. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 15th June instant, stating that he was directed by your Grace to transmit to us the copy of an Act passed by the Senate and House of Commons of Canada, intituled "An Act respecting the treaty between Her Majesty and the United States of America "for the apprehension and surrender of certain offenders," which had been reserved by the Governor of Canada for the signification of Her Majesty's pleasure, and also a copy of the Governor's Despatch of May 26th.
Sir Frederic Rogers also stated that he was directed to annex for reference copies of the Acts of the Parliament of the late Province of Canada, which are mentioned in that Despatch, and of the Order in Council dated 4th day of February 1865, and that it would be seen that the Act now under consideration is similar to that of 22 Vict. c. 89. as amended by 24 Vict. c. 6., except in the following particulars :—
1. In section 1 there is a provision enabling the Governor to appoint a commission
to carry out the Act and giving the requisite powers to such commission.
2. In section 3 the words "at any time not less than seven days after the commit- are inserted, probably for the purpose of ensuring time to apply for a Habeas Corpus and to prevent the recurrence of a case like that of Lamirande in 1866, and
ment
that
3. The last paragraph to section 3 is altogether new, but it is apprehended that the Governor had a discretion under the first part of the section to grant or refuse a warrant of delivery, and that there is nothing in the Act to show that the words "it shall be lawful " are used with a different import.
Sir Frederic Rogers further stated that he was desired to transmit to us a Draft Order in Council for suspending the operation of the Imperial Act 6 and 7 Vict. c. 76.
in Canada, so long as the local Act continues in force, and to request that we would favour your Grace with our opinion upon the following questions
First. Whether the local Act may properly be submitted to Her Majesty for Her sanction ?
Secondly. Whether the proposed Order in Council is sufficient to carry out the provisions of the Imperial Act?
Sir Frederic Rogers was pleased to add that a Council will be held on the 17th instant, and that as Lord Monck presses for an early answer your Grace would be glad to submit the Act and Order in Council to Her Majesty on that day, if possible.
In obedience to your Grace's commands we have the honour to
Report
1. That we are of opinion that the local Act may properly be submitted to Her Majesty for Her sanction.
2. That the proposed Order in Council, with the slight alteration made by us, is sufficient to carry out the provisions of the Imperial Act."
We have, &c.
(Signed)
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
JOHN B. KARSLAKE. WM. BALIOL BRETT. TRAVERS TWISS.
U 16978.-445. 95.-5/86.
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO