62 DIPLOMATIC CORRESPONDENCE. Viscount Monck to Mr. Burnley. QUEBEC, January 26, 1865. SIR: Referring to your despatch of the 12th of October, 1864, and its enclosure respecting the extradition of W. H. Crawford, charged with the crime of assault with intent to commit murder within the jurisdiction of the United States, I have the honor to state, for the information of the Secretary of State of the United States, that my warrant has been issued for the delivery of this person to the proper authorities of the United States. I have, &c., J. H. BURNLEY, &c., &c., &c. MONCK. Mr. Burnley to Mr. Seward. WASHINGTON, January 31, 1865. SIR: With reference to your note of the 12th instant, relative to the form of requisition for the extradition of fugitives from the United States in the British provinces, I have the honor to transmit to you a copy of a despatch which I have received from his excellency the lieutenant governor of New Brunswick. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Lieutenant Governor Gordon to Mr. Burnley. GOVERNMENT HOUSE, Frederickton, January 21, 1865. SIR: I have had the honor to receive your despatch of the 14th instant, enclosing copy of a note addressed to you by the Secretary of State for the United States. In Canada the proceedings in cases of extradition are regulated by a provincial act; and I do not profess to offer any opinion as to its construction. But in this province there is no such act, and the proceedings must be regulated strictly by the language of the imperial statute, which is as follows: It shall be lawful, in any of her Majesty's colonies or possessions abroad, for the officer administering the government of any such colony or possession, by warrant, under his hand and seal, to signify that such requisition has been so made, and to require all justices of the peace and other magistrates and officers of justice within their several jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused, and committing such person to jail for the purpose of being delivered up to justice according to the provisions of the said treaty; and thereupon it shall be lawful for any justice of the peace, or other person having power, to commit for trial persons accused of crimes against the laws of that part of her Majesty's dominions in which such supposed offender shall be found; to examine upon oath any person or persons touching the truth of such charge, and upon such evidence as, according to the laws of that part of her Majesty's dominions, would justify the apprehension and committal for trial of the person so accused, if the crime of which he or she shall be so accused had been there committed, it shall be lawful for such justice of the peace, or other person having power to commit as aforesaid, to issue his warrant for the apprehension of such person, and also to commit the person so accused to jail, there to remain until delivered pursuant to such requisitions as aforesaid; whilst the Xth article of the treaty distinctly states that the warrant for the apprehension of a fugitive is only to follow complaint upon oath." From this it is clearly apparent that the following steps have to be taken to secure the extradition of a criminial from this province: 1st. A requisition from the authorities of the United States. 2d. The issue of a warrant by the governor, authorizing magistrates and officers of justice to proceed against the parties. 3d. Complaint on oath before a magistrate. DIPLOMATIC CORRESPONDENCE. 4th. Issue of a warrant by the magistrate for apprehension of the parties. 7th. Warrant from governor for extradition of the parties. 63 The governor's original warrant is not one by which the parties could be committed to prison; it simply authorizes the magistrates to do what otherwise they could not do, namely, to take cognizance of an offence committed beyond their jurisdiction, and enables them to issue a warrant for the apprehension of the accused upon complaint made before them upon oath. Whatever may be the case in Canada, it is certain that in this province the production of evidence must precede the apprehension of the parties. I have no objection to issue my preliminary warrant if Mr. Seward desires it, but I am anxious that he should first fully understand the position of the case. I have, &c., &c., J. BURNLEY, Esq. ARTHUR H. GORDON. Mr Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, January 31, 1865. SIR: I have the honor to acknowledge the receipt of your communication of the 24th instant in regard to the proceedings of the lieutenant governor of Bermuda in requiring the resignation of the solicitor general of that colony, or that he should not act as the counsel of the defendants in the case of the Mary, seized for an alleged violation of the British foreign eulistment act. The spirit of comity manifested by his excellency, and the friendly manner in which you have informed me of his conduct, have afforded me much gratification. I beg you to convey to him an expression of the high appreciation entertained by this government of his just regard for its rights and for its good will in the instance adverted to. I have the honor to be, with the highest consideration, sir, your obedient ser vant, J. HUME BURNLEY, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Burnley to Mr. Seward. WASHINGTON, February 2, 1865. SIR: With reference to your note of the 11th October last, I have the honor to transmit to you a copy of a despatch which has been forwarded to me by the governor general of Canada. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Mr. McDougall to Mr. Burnley. SECRETARY'S OFFICE, Quebec, January 27, 1865. SIR: Adverting to your letter of the 12th of October last, I have the honor to inform you, by command of his excellency the governor general, that a warrant is this day sent to the sheriff of the district of San Francisco, at Sherbroke, Canada East, for the extradition of W. H. Crawford to the United States authorities. I have, &c., J. H. BURNLEY, Esq., &c., &c., &c. W. MCDOUGALL, Secretary. 64 DIPLOMATIC CORRESPONDENCE. Mr. Burnley to Mr. Seward. WASHINGTON, February 4, 1865. SIR: With reference to your notes of the 13th of October and the 29th of November, and to my note of the 30th of November, I have the honor to transmit to you herewith a copy of a despatch which I have received from his excellency the governor general of Canada, stating that he has issued his warrant for the extradition of Bennet G. Burley. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Viscount Monck to Mr. Burnley. QUEBEC, January 31, 1865. SIR: Referring to your despatches of October 16 and November 30 and their enclosures, I have the honor to inform you, for communication to the Secretary of State of the United States, that I have issued my warrant for the extradition of Bennet G. Burley, charged with the crime of robbery within the jurisdiction of the United States. I have, &c., J. H. BURNLEY, Esq. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, MONCK. Washington, February 4, 1865. SIR: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, announcing to me that the governor general of Canada had issued his warrant for the delivery of William H. Crawford to the proper authorities of the United States. Thanking you for the information, I have the honor to acquaint you that it has been communicated to the proper authorities, and to be, with high consideration, sir, Your obedient servant, J. HUME BURNLEY, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Burnley to Mr. Seward. WASHINGTON, February 6, 1865. SIR: With reference to your note of the 21st December and to my reply of the 22d December, relative to an alleged organization formed for seizing United States ships in various parts, I have the honor to enclose herewith a copy of a despatch which I have received from the lieutenant governor of Nova Scotia. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Lieutenant Governor Mac Donnell to Mr. Burnley. GOVERNMENT HOUSE, Halifax, N. S., January 24, 1865. SIR: I have not hitherto acknowledged the receipt of yours of the 22d ultimo, covering a communication from the honorable William H. Seward, giving information, on the authority of the United States consul here, of the existence of a piratical organization of some two hundred persons for seizing United States vessels on the Canadian lakes and elsewhere. I have delayed acknowledging the above communication in the expectation that I might receive further information to give on the subject. I sent for the United States consul on receipt of your despatch, and assured him of the hearty co-operation of this government in every legal measure for the suppression of conspiracies here of the above nature. I have since endeavored to ascertain whether there are really any parties in this city leagued together for such nefarious purposes as the consul has suggested, and I have hitherto failed to discover any adequate grounds for such a supposition. You may, however, rely on my willing co-operation to discourage, and, so far as the law will permit, to prevent this part of her Majesty's dominions being made a rallying place for persons whose attempts are probably designed to place in jeopardy the friendly relations which at present happily exist between her Majesty's government and that of the United States. I have, &c., J. H. BURNLEY, Esq., &c., &c., &c. B. G. MACDONNELL, Mr. Burnley to Mr. Seward. WASHINGTON, February 6, 1865. SIR: With reference to my note of the 8th of November last, and to your replies of the 14th and 16th of the same month, relative to a shipment of cotton from Memphis, belonging to a British subject, Captain Scanlan, I would beg to enclose a copy of a further letter and enclosure which I have received from this gentleman, requesting you to take it into consideration. Captain Scanlan's statement is written very fairly and courteously, and I hope that as other parties have been allowed apparently to ship their entire crop to New York, the same favor may be extended to the present applicant. I beg to enclose copies of contract with freedmen through the United States superintendent at Memphis, requesting you to return them to me. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Mr. Scanlan to Mr. Burnley. WILLARDS' HOTEL, Washington, D. C., February 3, 1865. SIR: With reference to my application to Lord Lyons of the 28th of October, 1864, I beg respectfully to submit that the order of the Secretary of the Treasury of the United States has been complied with, only in permitting me to ship my crop of cotton to Memphis, to await further action, as has been stated in the permit of Mr. Orme, which I have shown you already, and a copy of which I enclose. He construes the Secretary's letter as only waiving the clause in the affidavit heretofore referred to, but still not granting what I asked, and what he favorably recommended in his letter of October to the Secretary of the Treasury. He permitted me to ship 24 bales of this cotton to New York, but refused to permit the balance, until the Secretary of the Treasury gives a more categorical answer to my application of last October, he being of opinion that the Secretary would require that the lands should be also leased from the government. I have no doubt but the Secretary of the Treasury intended in his letter of the 14th of November that I should be permitted to ship this cotton to market. As stated in my letter to Lord Lyons, my plantation is eighteen miles below Memphis, on the banks of the Mississippi river, and under cover of the guns of the United States navy. Were it not regarded by the military authorities as inside their lines, they would not permit me to take contrabands or freedmen from Memphis to said plantation. I have been highly recommended by the military commanders of that department, and my case has been favorably referred to the supervising agent, Mr. Orme, who had before him the proofs that this cotton was raised by freedmen's labor, and that every action of mine in the premises was strictly in conformity with the regulations of the treasury and in earnest furtherance of the policy of the government as set forth in the emancipation proclamation of his excellency the President of the United States; I therefore ask that I be permitted to ship this cotton to New York, without further hindrance or embarrassment, as the delay already incurred has materially lessened its value. Some neighboring planters who did not even hire their labor from the superintendent of freedmen have been permitted to ship their entire crop to New York, and I am, therefore, satisfied that when this is made known to the heads of departments here, they will exhibit in this case their usual fairness and magnanimity, and I regret that I am obliged to give them further trouble. I respectfully request the favor of an answer at your earliest convenience, directed to the care of Messrs. Walker & Scanlan, 224 F street. With sincere thanks for your kindness, I have the honor, sir, to be, with great respect, W. E. SCANLAN. P. S.-I beg to enclose copies of contracts with freedmen through the United States superintendent at Memphis. Respectfully, [Enclosure.] W. E. SCANLAN. TREASURY DEPARTMENT, SECOND AGENCY, W. E. Scanlan, a British subject, is hereby permitted to remove his crop of cotton, produced during the year 1864, from Scanlan's landing, eighteen miles below Memphis, to Memphis to be stored, and reported at this office for further action. This is a case in which I am acting on special instructions from the Secretary of the Treasury, and I recommend the military authorities to give such passes as may be necessary. in the case. W. W. ORME, Supervising Special Agent. [Enclosure.] This contract, made this 12th day of March, 1864, between Captain W. E. Scanlan, employer, and George Hall, Henry Cole, Anderson Manney, Paul McMillar, Greenville McMillar, Peter White, Jim Rogers, Bill Sykes, Arch. Gerring, William Noval, Ephraim Dennings, George Washington, freed laborers, witnesseth, that said W. E. Scanlan agrees to employ said laborers on his plantation from the 12th day of March, 1864, to the 12th day of March, 1865, on the terms specified in the code of rules and regulations for leasing abandoned property and hiring freedmen; and the said laborers agree to be diligent and faithful hands while in his employ, it being understood and agreed that this contract is subject to the provisions of said code by which all parties hereto agree to be governed. W. E. SCANLAN. HENRY COLE. ANDERSON MANNEY. PAUL MCMILLAR. GREENVILLE MCMILLAR. JIM ROGERS. PETER WHITE. GEORGE WASHINGTON. ARCH. GERRING. WILLIAM NOVAL. EPHRAIM DENNINGS. In the presence of R. D. BUD. |