Mr. Burnley to Mr. Seward
Sir: With reference to my note of the 31st ultimo, enclosing copy of a despatch of the 21st ultimo, from the lieutenant governor of New Brunswick, relative to your requisition for the extradition of some of the St. Albans’ raiders, supposed to be lurking in that province, I have the honor to inform you that I have since then received a further despatch from his excellency, in which he states that he was going to issue the warrant in question as soon as he had [Page 70] been able to communicate with the law officers of the Crown in that province as to the form in which that document should be framed; the departure from the practice hitherto adopted rendering the form of warrant which has been used on previous occasions of a similar character inapplicable.
According to the opinion of the highest legal authority of the colony, the lieutenant governor is not strictly justified in issuing the warrant in question, without being furnished with some evidence of the guilt of the accused parties, and of the fact that they are now in that province, and Mr. Gordon would have been glad if such information could have been furnished him, in order that his action in the matter should be rightly understood.
His excellency trusts that, at all events, if you have reason to suppose that the parties accused are now in the province of New Brunswick, you will be good enough to direct the United States consul at St. John to furnish him with such information as will enable him to secure their apprehension, as his own inquiries, through the police, have been wholly unsuccessful.
It would appear that in the case of the Chesapeake, as in cases of extradition for murder and forgery, the requisition was made by the consul at St. John, supported by evidence, and this requisition was recited in the commencement of the governor’s warrant; and, indeed, on one occasion, in 1856. Mr. Gordon’s predecessor refused to issue his warrant on account of the insufficiency of the allegations contained in the requisitions.
His excellency trusts, therefore, that in acting as he is about to do, you will perceive that he is giving ample proof of his desire to render every possible satisfaction to the government of the United States.
I have the honor to be, with the highest consideration, sir, your most odedient, humble servant,
Hon. William H. Seward, &c., &c., &c.