MY LORD,
No. 4.
(CANADA.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, 9th January 1874. We are honoured with your Lordship's commands, signified in Lord Tenterden's letter of the 2nd instant, stating that he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office, expressing the wish of the Government of the Dominion of Canada to arrange with the authorities of the United States in Montana for a joint pursuit of the murderers of certain Assiniboine Indians, which would involve the grant of permission to the American force to cross the British territory, and a corresponding permission to the British force to enter the United States, and inquiring, on the part of the Governor-General of Canada, whether this can be done.
Lord Kimberley was of opinion that it is very doubtful whether the proposed arrangement could be sanctioned, but your Lordship would be obliged to us if we would take the proposal, together with a report of the Law Officers of the Crown enclosed in the letter from the Colonial Office, and which bears on the subject, into our consideration, and favour your Lordship with our opinion thereon.
Lord Tenterden was, however, pleased to point out to us that that report was drawn up some months before the passing of the Rupert's Land Act, by which the lands of the Hudson's Bay Company became incorporated in the Dominion of Canada.
He (Lord Tenterden) was pleased also to transmit to us a printed Draft of a proposed Extradition Treaty between Great Britain and the United States, and he was pleased further to request that we would favour your Lordship with our further opinion whether, with the view of carrying out in future cases the wish of the Canadian Government, it would be expedient to insert a clause in that Treaty; and if so. he (Lord Tenterden) was pleased to request that we would frame such clause, and insert it in its proper place in the Draft.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion it is not advisable to enter into the arrangement suggested by the Governor-General of Canada, which would involve the grant of permission to American forces to enter upon British territory.
Taking this view, we have not framed any clause for insertion in the Draft Treaty.
The Earl Granville, K.G.,
&c.
&c.
We have, &c., (Signed)
HENRY JAMES.
W. V. HARCOURT.
JAS. P. DEANE.
▲ 12916.-147. 25,-12/84.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
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