Mr. Burnley to Mr. Seward
Washington,
February 25, 1865.
Sir: With reference to your note of the 16th
December last, relative to a requisition for the extradition of the St.
Albans raiders on the government of New Brunswick, I beg to enclose copy
of a despatch and of an enclosure from the solicitor general of the
colony, which I would beg to recommend to your consideration.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward,
&c., &c., &c.
Mr. Gordon to Mr. Burnley
Fredericton,
February 18, 1865.
Sir: I have the honor to inform you that I
have, in compliance with the request of the Secretary of State of
the United States, issued my warrant authorizing the arrest of
Samuel Eugene Lackey, Squire Turner Travis, Charles Moore Swager,
George Scott, Bennett H. Young, Caleb McDowall Wallace, James
Alexander Doty, Joseph McGinty, Samuel Simpson Gregg, Dudley Moore,
Thomas Bronsden Collins, Marcus Spurr, Alexander Pope Bruce, and
William H. Hutchinson, under the provisions of the extradition
treaty.
I think it right to put you in possession of the opinion with which
the solicitor general, by whom the warrant was prepared, has at the
same time furnished me.
I have, &c.
J. Hume Burnley, Esq., &c., &c., &c.
Solicitor General to
the Lieutenant Governor of New
Brunswick,
Fredericton, N.
B., February 8,
1865.
May it please your excellency, in obedience to your excellency’s
instructions I beg herewith to enclose the draught of a warrant
against the parties therein named, under the imperial extradition
act, 6 and 7 Vict., cap. 76. This warrant I have framed upon the
requisition of the Hon. William H. Seward, addressed to the British
chargé d’affaires at Washington, of date December 39,]864, a copy of
which your excellency submitted to me for my guidance. I must,
however, inform your excellency that the requisition is defective in
some important particulars, inasmuch as it does not name or specify
any person or persons upon whom the crimes charged in the
requisition, or any of them, have been committed, and also omits to
mention the time of the commission of any of the said crimes; and,
therefore, no complete offence is charged upon which a valid warrant
can be based. For these reasons I am of opinion that no legal arrest
of any of the parties named, for the causes alleged, can be made
upon the papers as now submitted by the American authorities.
Hon. Arthur H. Gordon,
&c., &c., &c.
