I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward,
&c., &c., &c.
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.
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4th. Issue of a warrant by the magistrate for apprehension of the
parties.
5th. Committal to jail by magistrate after examination on oath.
6th. Certificate of such committal from the committing
magistrate.
7th. Warrant from governor for extradition of the parties.
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,
