4097.
PUBLIC RECORD OFFICE
Reference :-
TTILL C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 699.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, April 14, 1871. MY LORD,
We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 4th instant stating, that he was directed by your Lordship to transmit to us the accompanying letter with its enclosure from the Colonial Office relating to the case of Richard Baker Caldwell, who was surrendered to the United States Government under the Extradition Treaty on the charges of forgery and uttering forged paper, and who appeared to have been subjected to legal proceedings in the United States for an offence under the laws of that country for which he was not surrendered and for which he was not liable to surrender under the treaty in question, and Mr. Hammond was to request that we would take those papers into our consideration, and favour your Lordship with our opinion thereupon.
In obedience to your Lordship's commands, we have taken the papers into our con- sideration, and have the honour to
Report
It
That this is not a case in which Her Majesty's Government would, in our opinion, be justified in reclaiming the surrender of the petitioner from the United States Govern- ment. The obligation of Great Britain under the Convention of 1842 is qualified by no other condition than that evidence of a definite kind shall be forthcoming of the fugitive having committed one of the crimes enumerated in the Convention. appears that such evidence was produced to the satisfaction of the Canadian authorities, and the petitioner was thereupon surrendered to the United States Government. It further appears from the decision of the Judge of the Circuit Court of the Southern District of New York upon the demurrer of the petitioner that he has been daly indicted for the offence by reason of which he was surrendered, and apparently is to be tried for it. We are of opinion that there is nothing in the Convention which would preclude the United States from indicting the petitioner for an additional offence, which is not enumerated in the Convention, so long as such proceedings are not substituted in place of due proceedings against him on the charge by reason of which he was surrendered.
The Earl Granville, K.G.
&c. &c.
&c.
We have, &c.
(Signed)
R. P. COLLIER.
J. D. COLERIDGE. TRAVERS TWISS.
0 16375,--689.
25.- 5,26.