CO885-(10-11) — Page 408

4403.

!

MY LORD,

No. 334.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, May 4, 1865. We are honoured with your Lordship's commands, signified in Mr. Murray's letter of the 21st ultimo, stating that with reference to our reports of the 25th of February and 16th March,* respecting the case of Bennett Burley, he was directed by your Lordship to transmit to us, together with the previous papers, a despatch from Her Majesty's Chargé d'Affaires at Washington, enclosing copies of his correspondence with Mr. Seward on the suggested attempt to change the ground of accusation upon which A letter from the Colonial Office Burley was surrendered by the Canadian authorities. containing observations upon this correspondence was also enclosed, and Mr. Murray was pleased to request that we would take these papers into consideration and report to your Lordship our opinion thereupon.

In obedience to your Lordship's commands we have taken these papers into conside- ration, and have the honour to

Report

That we retain our opinion that it would have been a breach of good faith to have put Burley upon his trial for the charge of piracy, which was not the ground of his extradition under the Treaty, unless he were at all events tried for robbery, for which offence he was given up. The same observation is equally applicable to the charge of assault with intent to commit murder, with which we do not understand him to have been charged before the Canadian authorities.

We adhere, however, to our former opinion as to the limited power of interference of Her Majesty's Government in this case if Burley be really tried upon the charge for which he was delivered up, and upon other charges also.

It appears now that at all events he will not be tried for piracy as had been appre-

hended.

We have, &c. (Signed)

ROUNDELL PALMER.

R. P. COLLIER.

ROBERT PHILLIMORE.

'

The Earl Russell, K.G.

&c.

&c.

ท

o 16278.-481.

25.-2/86.

• No. 315.

PUBLIC RECORD

OFFICE

6།།

Reference :-

TTC.O. 885

10 PUBLIC RECORD OFFICE, LONDON

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