Mr. Burnley to Mr. Seward,.

Sir: With reference to Viscount Monck’s despatch of the 26th ultimo, and to your reply of the 3d instant, with respect to the order issued by General Dix relative to the recent outrage at St. Albans, I have now the honor to enclose copy of a despatch which I have received from his excellency, replying, on his side, to the observations contained in that note.

In the sentiments expressed by his excellency, the governor general, I fully concur. It suffices to examine the dates when the various requisitions for extradition were received at this legation, and despatched to Viscount Monck, to prove that, on my side, also, nothing was left undone which could promote the wishes and anxious desires of the American government, whether in the affair of Lake Erie, or in that of St. Albans.

Your note of the 13th ultimo, asking for the extradition of Bell and others, concerned in the Lake Erie occurrences, was received on the 14th, and despatched to Viscount Monck on the 16th. His excellency’s reply of the 22d, received on the 26th, was transmitted the next day to you.

With regard to the affair at St. Albans, your first note, of the 25th ultimo, relative to the extradition of Wallace and others, was received and despatched on the same day to Viscount Monck. His excellency’s reply, of the 31st October, was received on the 3d instant, and transmitted to you on the 4th instant. Your further note, of the 29th ultimo, relative to the extradition of Lackey and others, was received on the day on which it was written, and on that same day despatched to Viscount Monck. His excellency’s reply, of the 4th instant, received at this legation on the 11th instant, was despatched to you the same day.

Finally, your note of the 1st instant, requesting the extradition of Hutchinson, was again received and despatched to its destination on the same day, and Viscount Monck’s reply of the 7th instant, received on the 12th instant, was forwarded to you on the day on which it was received.

You will thus perceive that both Viscount Monck and myself have done all that lay in our power to expedite the ends of justice, and that it cannot in truth be said that requisitions for these offenders have remained unanswered.

I have the honor to be, with the highest consideration, sir, your most obedient, humble, servant,

For LORD LYONS,

J. HUME BURNLEY.

Hon. William H. Seward, &c., &c., &c.

[Page 783]

Viscount Monck to Lord Lyons.

My Lord: I have the honor to acknowledge the receipt of your despatch of 7th November, and the accompanying note from Mr. Seward, dated 3d November, relative to the despatch which I deemed it my duty to address to you on the 26th October, calling your attention to the extract from the New York Evening Post, which purported to give the words of an order issued by Major General Dix, in reference to the recent outrage at St. Albans, Vermont.

I shall transmit Mr. Seward’s note to the secretary of state for the colonies, for the consideration of her Majesty’s government.

There is one statement, however, in Mr. Seward’s note to which I must allude, in justice to myself and the government of Canada. The Secretary of State for the United States says, “While this government has been considering Earl Monck’s request, our requisition for the offenders whose crimes were committed on Lake Erie, and for the burglars and murderers who invaded Vermont, remain unanswered.”

I am at a loss to account for this statement. With regard to the first of these outrages, it occurred on the 19th September. On the 22d October a despatch was received by me from Mr. Burnley, dated 16th October, enclosing a note from the Secretary of State of the United States, demanding the extradition of Bell and others, (the persons supposed to have been concerned in the Lake Erie outrage.) On the same day (22d October) I addressed a despatch to Mr. Burnley, in which I acknowledged the receipt of his communication, and begged him to inform Mr. Seward that “as soon as I should have been advised that these persons, or any of them, had been arrested in Canada, and that the proof required by the treaty had been made, the necessary warrants should be issued for their delivery to the authorities of the United States.”

With reference to the outrage committed at St. Albans, this affair occurred on the 19th October. On the 31st I received from Mr. Burnley a despatch, dated 25th October, demanding the extradition of C. M. Wallace and twelve other persons, participators in the St. Albans affairs.

On the same day I answered Mr. Burnley’s despatch, informing him that when the proof required should have been made, the warrants for extradition should be issued.

On the 4th November I received a further despatch, dated 29th October, referring to the same persons, and stating that they were in custody in Canada, and asking for their extradition.

This was answered on the same day, informing Mr. Burnley that the men referred to were in custody, and that the warrants for their extradition should issue as soon as the proofs required by the treaty had been completed.

On the 7th of November I received from Lord Lyons a further despatch,’ dated November 1, enclosing a demand for the extradition of one Hutchinson, a man whose name was not included in the former list.

This despatch was answered on the same day, and in the same terms as the former communications. I have been thus minute in the statement of what has occurred in these matters, because I should have felt much annoyed if it could be supposed that your communications to me, made at the instance of a minister of a friendly power, had been for any cause allowed to remain unanswered.

I have, &c., &c.,

MONCK

Hon. Lord Lyons, &c., &c., &c.