9470.

MY LORD,

No. $52.

(CANADA.)

ATTORNEY GENERAL to COLONIAL OFFICE. I AM honoured with your Lordship's commands signified in Mr. Herbert's letter

Temple, September 10, 1873. of the 5th instant, stating that he was directed by your Lordship to transmit to me a copy of a letter from the Foreign Office enclosing a Despatch from Her Majesty's Minister at Washington with enclosures upon the subject of the abduction of Samuel Joy, a citizen of the United States.

That your Lordship desired Mr. Herbert to request me to take the papers into consideration and favour your Lordship with my opinion whether if the circumstances of the case were such as were described by Mr. Fish the case was one to call for the release of Samuel Joy and his restoration to the territory of the United States.

In obedience to your Lordship's commands I have the honour to

Report

That assuming the facts stated by Mr. Fish to be correctly stated, and that there is nothing to be added to them which would in any substantial degree qualify them, I am of opinion that a violation of the territorial authority of the United States has undoubtedly occurred. On the same assumption the United States are entitled to reparation for the violation of their sovereignty, and probably the simplest and shortest mode of making such reparation would be by setting Mr. Joy at liberty within the territory of the United States. But I am unable to advise positively this course to be pursued or recommended by your Lordship to the Governor-General of the Dominion to be pursued without more information than I possess as to the means at the command of the Executive of the Dominion for interfering in cases of arrest on civil process.

The Right Hon. the Earl of Kimberley.

I have, &c. (Signed) J. D. COLERIDGE.

616978-878. 35.--5/86.

PUBLIC RECORD OFFICE

Reference :-

TILL CO. 885

سلسل

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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