CO885-(11-13) — Page 66

7239.

No. 769.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, July 16, 1872. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 12th instant, stating that with reference to our report of the 1st instant respecting the alleged kidnapping of Dr. Braddon, an American citizen, in the Province of Ontario. he (Mr. Holland) was directed by your Lordship to transmit to us the copy of a Despatch-of 22nd June from the Governor General of Canada, enclosing depositions which had been taken with reference to that proceeding.

And that from those depositions it would be seen that the case presented a very different aspect from that represented by Sir E. Thornton in his telegram of the 28th June (copy enclosed), and he had been instructed by Earl Granville to suspend any action in the case until further instructions from home.

That the report of the Minister of Justice referred to by Lord Lisgar in his Despatch had not yet arrived, but your Lordship was afraid further delay might lead to difficulties, and you therefore requested us to take the papers into consideration and inform your Lordship whether, assuming the statements made in the depositions to be correct and capable of proof, a demand to the United States Government for the delivery up of Dr. Braddon might properly be made by Sir E. Thornton on behalf of the Canadian Government, and on what special grounds such demand should be based.

In obedience to your Lordship's commands we have the honour to

Report

That assuming the facts of the case to be as stated in the depositions before us, it is plain that Dr. Braddon has been violently and illegally seized in Canada and taken to the United States by the officers of that Government.

On the ground that this is not only, contrary to the practice of all civilised countries, but that it constitutes a serious violation of the territorial rights, the independence and sovereignty, of this country, we think that his surrender may be rightly demanded of the Government of the United States.

There seems good reason to believe that the police of the Colony (one of the depositions says nearly all the constables and detectives in the city, ie., London, (Canada) were employed in the business.

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Any demand upon America should be preceded or accompanied by prompt and severe measures against those of the Colonial police who may have so misconducted themselves, that there may be no excuse for saying that we are complaining of our own misconduct without punishing it.

The Right Hon. Earl Kimberley.

We have, &c. (Signed)

J. D. COLERIDGE.

G. JESSEL.

0 16278.-418. 25.-5/86.

• No. 762.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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