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PUBLIC RECORD OFFICE

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885

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PUBLIC RECORD OFFICE, LONDON

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No. 323.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, March 31, 1865. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 27th February ultimo, stating that with reference to our report of the 31st of January, and to our previous reports on the case of the persons charged with having committed the St. Albans' raid, he was directed by your Lordship to transmit to us, for such observations as we might have to offer thereupon, a letter from the Colonial Office enclosing copies of depositions and other evidence in this matter taken before Mr. Justice Smith at Montreal.

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We are also honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 16th of March instant, stating that he was directed by your Lordship to transmit to us two further letters and their enclosures from the Colonial Office relative to the case of the St. Albans' raiders, and to request that we would take these papers into our consideration, together with those enclosed in his letter of the 27th ultimo, and report to your Lordship our opinion thereupon.

In obedience to your Lordship's commands we have taken these papers into our consideration, and have the honour to

Report

That without seeing all the documents proved on the part of the prisoners for the purpose of showing that the St. Albans' raid was an expedition undertaken under express orders for that purpose from the authorities of the Confederate States (and. especially the alleged instructions under the hand of the "Honourable Clement .C. Clay," which are not with the papers), we are unable to judge whether the prima facie case of robbery made out by the depositions on the part of the United States has been sufficiently rebutted.

We collect, however, from the depositions that the Honourable C. C. Clay, lately resident at St. Catherine's, in Upper Canada, was a political agent of the Confederate Government, said to be armed with the largest powers, and that it was the object of the prisoners' evidence (oral and documentary), to show that they, being Confederate officers and soldiers, were directed by their Government to take their instructions from this Mr. Clay, as to the special service to be performed by them, and that they did accordingly receive from Mr. Clay in Canada instructions for the attack which they afterwards made upon St. Albans', and were furnished by him in Canada with money for that purpose; and that they did, in fact, proceed from Canada to St. Albans' on a belligerent expedition under those instructions.

If this be so (and assuming the belligerent character of the acts done to be made out by the evidence), we think the Attorney General of Canada is right in holding that the evidence discloses a gross and deliberate violation of the neutrality of this country, and that the prisoners if discharged under the warrant for their extradition ought (together with Mr. Clay, if he can be found within the jurisdiction) to be put upon their trial for such misdemeanor, either at common law or under the Foreign Enlistment Act, as may appear to the legal advisers of the Canadian Government to be capable of being established by the evidence.

It is needless for us to add that the employment by the Confederate Government of a political agent resident in Canada for such purposes is a wilful offence by that Government against the neutrality of this country, for which no excuse or palliation can be suggested.

We have, &c. (Signed)

The Earl Russell, K.G.,

&c.

&c.

&c.

• No. 304.

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

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