CO885-(11-13) — Page 78

8585.

No. 781.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, August 26, 1872. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 15th instant, stating that with reference to our letter of the 3rd instant,* and to communications respecting the abduction of Dr. Bratton from Canadian terri- tory, he was directed by your Lordship to transmit to us a copy of a letter from the Foreign Office, enclosing a copy of a Despatch from Her Majesty's Minister at Washington.

That he was also to enclose a copy of a letter from Mr. Becher, with the newspapers which he mentioned, and he (Mr. Herbert) was to request us to inform your Lordship whether, in our opinion, Sir E. Thornton might be properly instructed to apply to the United States Government for the surrender of Dr. Bratton in the event of his having returned into United States territory.

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

Report

That the evidence given by Dr. Bratton on the trial of Cornwall, upon which mainly the conviction of Cornwall proceeded, although the judge appears to have implicitly believed it, strikes us as very singular and not altogether comprehensible. The defence of Cornwall, which is, as we gather, that Dr. Bratton was willing to go, and was in truth a party to his own abduction, is even more singular, and we anticipate that your Lordship will receive a very different version of the whole affair when the Government of the United States is applied to and makes its reply. Nevertheless, upon the present state of facts, which, however suspicious, is sworn to and is not contradicted, it appears that a gross outrage has been offered to the territorial independence and sovereignty of the empire, and we think that Sir E. Thornton may properly either demand the delivery of Dr. Bratton if he returns to the United States, or that proceedings should be dropped against him and his bail released if he stays in Canada.

From what we have said, it is perhaps unnecessary to suggest that caution should be used in the application to the United States, but, we think it far from certain that the whole truth of this transaction is as yet known.

The Right Hon. the Earl Kimberley.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

0 16974-414.

25.-5/86.

• No. 778.

J

PUBLIC RECORD OFFICE

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