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10877.

PUBLIC RECORD OFFICE

Reference :-

TC.O. 885

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

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PUBLIC RECORD OFFICE, LONDON

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No. 284.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, November 25, 1864. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 23rd of November instant, stating that he was directed by your Lordship to state to us that it appears that a party of 25 men lately undertook an expedition from Canadian territory against the town of St. Albans, Vermont, United States, and that after levying contributions from the inhabitants and committing various damages, they re-crossed the frontier, taking a portion of their spoils with them, and Lord-

your sbip understands that the United States Government has addressed to the Canadian Government a demand for the extradition of these men under the Treaty of Washing- ton of August 9th, 1842.

Mr. Hammond was also pleased to state that, under these circumstances, your Lord- ship requested that we would have the goodness to favour you with our opinion upon the following points, viz.:-

1. Whether, if the judges in Canada, notwithstanding the allegation of these men that they were acting under the orders of the Confederate Government, should decide in favour of their extradition, any further measures will be necessary to prevent future raids.

2. Whether, if evident preparations were being made on British territory for future raids, the existing law is strong enough to suppress these preparations.

3. Whether it is necessary for the maintenance of our just relations with the United States that we should add to our statutes such a law as that passed by the United States in 1838 (see State Papers, vol. 26, pp. 1,324 and 1,349),

4. Whether, if such a law be necessary, it is more consistent with constitutional usage that it should be proposed to the Imperial or to the Canadian Legislature.

In obedience to your Lordship's commands we have taken this matter into considera- tion, and have the honour to

Report

That with regard to the first question, assuming that these persons should allege that they were acting under the orders of the Confederate Government, we think it is impossible to say that the liability of individuals, when they shall have been appre- hended, to extradition does constitute a sufficient security (regard being had to the conterminous relations and the existing state of things in Canada and the United States) against the recurrence of such acts of violence as have been committed in the present instance.

With regard to the second question in the case supposed, if sufficient information of facts capable of proof should reach the Government in time for taking measures of prevention, we think that the existing law would be adequate for the purpose.

With regard to the third question, we are not prepared to say that the enactment of a law in Canada containing provisions similar to those which are to be found in the United States Act of 1838 is a measure of necessity for the maintenance of our just relations with the United States, but we do think that the Government of the United States have a clear right to expect that the Canadian law shall be found in practice generally sufficient, not merely for the punishment, but also for the suppression and prevention of these border raids; and it would appear to us desirable (if practicable) that the Canadian Government should be armed during the period of civil war in the United States with powers of prevention similar to or equally prompt and efficacious with those which, during the civil war in Canada, were conferred by the Legislature of the United States upon the Executive of that country, in order to prevent invasions by their subjects of the Canadian frontier.

With regard to the fourth question, we think that if the passing of such a statute should be deemed expedient, it ought to be passed by the Canadian Legislature, and should in its duration be strictly limited (as the United States Act of 1838 was) to the

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16278.-503. 95-2/86.

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period during which those exigencies which have rendered it necessary may be likely to continue.

The Earl Russell, K.G.

&c.

&c.

ROUNDELL PALMER.

We have, &c.

(Signed)

R. P. COLLIER.

R. J. PHILLIMORE.

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