13,535.
يليسيا
PUBLIC RECORD
OFFICE
CP PER
Reference :-
CO.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
885
12 PUBLIC RECORD OFFICE, LONDON
SIR,
No. 115.
(CANADA.)
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, November 11, 1876.
THE Earl of Derby referred to the Law Officers of the Crown your letter of the 27th of September, together with its enclosures, relative to the extradition of Charles Worms, in regard to which certain points had been raised in the Minute of the Canadian Privy Council, which formed one of the enclosures of your letter above referred to; and I am directed by Lord Derby to state to you, for the information of the Earl of Carnarvon, that his Lordship is advised that Her Majesty's Government cannot agree with the argument contained in the report of the Committee of the Privy Council of the Dominion of Canada and the Memoradum of the Minister of Justice, that, because Charles Worms, the fugitive whose extradition was demanded, did not within 15 day after the writ of habeas corpus had been refused, give notice in writing of appeal, and prosecute his appeal within 30 days, the warrant for his extradition executed on the 11th of April, and his extradition on the 17th of April, were regular, and the proceedings or action of the Government were justifiable. The Supreme Court Act, 1875, giving an appeal, was the statute in force. The Chief Justice on the 19th of February granted an appeal to the Supreme Court, and ordered that all proceedings should be suspended and stayed till the final decision of the Supreme Court,-the Court of Appeal.
Notice of this order of the Chief Justice was on the 21st of February received by the Minister of Justice from the Clerk of the Crown, and Lord Derby is advised that the Minister of Justice, so affected with the knowledge that all proceedings were stayed, should not have recommended the extradition of the fugitive without further inquiry, and merely because certain technical and formal proceedings were not taken, the appeal, it is to be observed, having been granted by the Chief Justice.
Some communications also were had by the Secretary of State of Canada with the Lieutenant-Governor of the Province of Canada and with the Attorney-General of Quebec, so that every person officially concerned knew the terms of the decision.
The Act repealing the right of appeal had not become law when the warrant for the extradition of the fugitive was executed, and it is not therefore necessary to refer to that part of the case.
No weight can be given to the argument of the Minister of Justice that the warrant for extradition should issue to prevent the fugitive availing himself of the lapse of the
two months.
The judgment stayed the proceedings, and before the fugitive was given up by the Government, which knew the fact that proceedings were stayed, the Government should, Lord Derby is advised, have taken measures to inform the fugitive that if he did not proceed with the appeal granted to him his extradition would follow.
I am, therefore, to request that, in laying this letter before the Earl of Carnarvon, you will state to his Lordship that, in view of the foregoing facts, Lord Derby is still advised that there was irregularity in the extradition of Charles Worms.
The Under-Secretary of State,
Colorial Office.
I am, &c.,
(Signed)
JULIAN PAUNCEFOTE.
A 12916. 114. 25. 12 84.
}
}
13,768.