Mr. Burnley to Mr. Seward
Sir: With reference to the case of Bennett G. Burley, who has been given over by the Canadian authorities to the United States government under the extradition treaty, on a charge of robbery, her Majesty’s government have recently had under their consideration, in communication with the proper law advisers of the Crown, a statement forwarded to them by a member of the House of Commons, at the request of Burley’s father, relative to his son, from which it would seem that fears are entertained that Bennett Burley will not be tried before the United States courts on the charge of theft, but on a charge of piracy, and Mr. Burley, senior, asks for the good offices of her Majesty’s government on behalf of his son, in so far as that he may not be tried on any other charge than that on which the claim was made for his extradition.
Her Majesty’s government having considered this application, are of opinion that if the United States government, having obtained the extradition on the charge of robbery, do not put him on his trial upon this charge, but upon [Page 98] another, viz., piracy, which, if it had been made before the Canadian authorities, they might have held not sufficiently established to warrant his extradition, this would be a breach of good faith against which her Majesty’s government might justly remonstrate.
Her Majesty’s government are therefore willing, should the grounds upon which Burley is to be tried take the above turn, to comply so far with the application of Mr. Burley, senior, as to instruct me to protest against any attempt to change the ground of accusation upon which Barley was surrendered in pursuance of the treaty.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.