Mr. Burnley to Mr. Seward.

WASHINGTON, January 31, 1865. SIR Upon the receipt of your note of the 4th instant, respecting two vessels building at Montreal, alleged to be for the naval service of the co-called Confederate States, I forward a copy of it to the governor general of Canada.

His excellency has furnished me with a report of the attorney general for Canada East upon this subject, a copy of which I have the honor to transmit herewith.

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

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

CROWN LAW DEPARTMENT,

Quebec, January 24, 1865.

The undersigned has the honor to report to his excellency the governor general that from inquiries made by him, as shown by the annexed correspondence, relative to the two vessels alluded to by the United States vice-consul, in his letter of the 9th December last, addressed to the British minister at Washington, it does not appear that any suspicion of their destination other than the ostensible one, was excited in the minds of the customs officers at Montreal, and that one of these vessels, the Alexandarus had cleared from the port of Montreal before the date of the vice-consul's letter.

The undersigned will duly report to his excellency before the opening of navigation any further information that may be obtained relative to the Pinero.

SIR: I am directed by the honorable the attorney general for Lower Canada to request you to make diligent inquiry as to the trade or objects for which two ships now building at Montreal, to be called El Almandarus and Pinero are destined, and to report to him from time to time any reliable information that you may obtain in relation to them and their destination. I have, &c.,

GEORGE FUTVOYE, Clerk of Crown Law Department.

Mr. Holmes to Mr. Futroye.

CUSTOM HOUSE, Montreal, December 29, 1864.

SIR: In reply to your letter of the 28th instant, requesting information respecting the steamers Almandarus and Pinero, I beg for the information of the honorable the attorney general for Lower Canada to state that the former was built on a wharf opposite this city, and then taken into the Lachine canal, by Mr. Augustine Cantin during the last summer. That owing to the illness of the measuring officer of this port, Mr. O'Meara, of "1 came up here and measured both vessels, and would, therefore, be competent to give every information as to whether there was anything suspicious in their build, or different from similar passenger steamboats.

These vessels were both registered at this port on the 25th of November last in the name of the builder, A. Cantin. The Almandarus was built on account of the General Cuban Steam Navigation Company of Havana, and the Pinero for Ildefonso Vivanco, merchant, of same place.

The Almandares, of 630 tons, J. B. Portias master, cleared from this port without cargo for Havana on the 7th instant, and by the latest accounts had reached Canso, where I was informed, at date of her sailing hence, she would stop for a supply of coal.

It was intended to have cleared the Pinero, 287 tons, for the same port, but owing to the unfinished state of the joiners' work some difference arose between the parties interested, which created a delay of several days, and the season suddenly closing, the vessel was compelled to return into the Lachine canal to winter.

I would beg to observe that Mr. Cantin, in November, 1858, built a steam vessel of 4378% tons, called the Colon, for Don Pedro Sacosta, of Havana, which was transferred to him there, and the register returned to this port by the British consul.

These vessels were stated to be intended for passenger boats, and the Almandares was fitting up at date of her clearance with state-rooms, &c., as in the usual way.

I have, &c.,

GEORGE FUTVOYE, Esq., &c., &c., &c.

BENJAMIN HOLMES, Collector.

Mr. Fulvoye to Mr. O'Meara.

CROWN LAW DEPARTMENT,

Quebec, January 17, 1865.

SIR: I am directed by the honorable the attorney general for Lower Canada to transmit to you the enclosed letter of the collector of customs at Montreal, and to request you to return it, at your early convenience, with such further information as you may be able to furnish on the subject-matter thereof.

I have, &c.,

J. P. O'MEARA, Esq.,

GEORGE FUTVOYE, Clerk of Crown Law Department.

Measuring Surveyor, her Majesty's Customs, Quebec.

Mr. O'Meara to Mr. Futvoye.

CUSTOM HOUSE, Quebec, January 18, 1865.

SIR: I have the honor to acknowledge the receipt of your letter of the 17th instant, with enclosures from the collector of customs, port of Montreal, with a request I would return it at my early convenience, with such further information as I may be able to furnish on the subject-matter thereof.

In reply, I have the honor to state that I measured the steamers recently referred to, namely, the Almandares and Pinero, in Montreal, in the month of November last. They were represented so me by Mr. Cantin, the builder, as being intended to carry passengers, and were then being fitted up for that purpose. I saw nothing at the time which could have led me to suspect that they were intended for any other purpose than that represented to me by the builder, and in fact I remember remarking to Mr. Cantin that from the way in which they were being fittted up at the time with cane beds, &c., they appeared admirably adapted for the purpose for which he represented them to be built, viz: carrying passengers in the tropics. I have, &c.,

P. O'MEARA.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 31, 1865.

SIR: With reference to your note of the 11th of October, and to my reply of the 12th October, I have the honor to transmit to you herewith a copy of a despatch which I have received from the governor general of Canada, stating that his warrant has been issued for the delivery of William H. Crawford to the proper authorities of the United States.

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

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Viscount Monck to Mr. Burnley.

QUEBEC, January 26, 1865. SIR: Referring to your despatch of the 12th of October, 1864, and its enclosure respecting the extradition of W. H. Crawford, charged with the crime of assault with intent to commit murder within the jurisdiction of the United States, I have the honor to state, for the information of the Secretary of State of the United States, that my warrant has been issued for the delivery of this person to the proper authorities of the United States.

I have, &c.,

J. H. BURNLEY, &c., &c., &c.

MONCK.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 31, 1865.

SIR: With reference to your note of the 12th instant, relative to the form of requisition for the extradition of fugitives from the United States in the British provinces, I have the honor to transmit to you a copy of a despatch which I have received from his excellency the lieutenant governor of New Brunswick. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

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.

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.,

J. BURNLEY, Esq.

ARTHUR H. GORDON.

Mr Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 31, 1865.

SIR: I have the honor to acknowledge the receipt of your communication of the 24th instant in regard to the proceedings of the lieutenant governor of Bermuda in requiring the resignation of the solicitor general of that colony, or that he should not act as the counsel of the defendants in the case of the Mary, seized for an alleged violation of the British foreign enlistment act.

The spirit of comity manifested by his excellency, and the friendly manner in which you have informed me of his conduct, have afforded me much gratification.

I beg you to convey to him an expression of the high appreciation entertained by this government of his just regard for its rights and for its good will in the instance adverted to.

I have the honor to be, with the highest consideration, sir, your obedient ser

vant,

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Burnley to Mr. Seward.

WASHINGTON, February 2, 1865.

SIR: With reference to your note of the 11th October last, I have the honor to transmit to you a copy of a despatch which has been forwarded to me by the governor general of Canada.

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

J. HUME BURNLEY.

Hon. WILLIAM H. SEWARD, &c., &c., &c.

Mr. McDougall to Mr. Burnley.

SECRETARY'S OFFICE,
Quebec, January 27, 1865.

SIR: Adverting to your letter of the 12th of October last, I have the honor to inform you, by command of his excellency the governor general, that a warrant is this day sent to the sheriff of the district of San Francisco, at Sherbroke, Canada East, for the extradition of W. H. Crawford to the United States authorities.

I have, &c.,

J. H. BURNLEY, Esq., &c., &c., &c.

W. MCDOUGALL, Secretary.

Mr. Burnley to Mr. Seward.

WASHINGTON, February 4, 1865. SIR: With reference to your notes of the 13th of October and the 29th of November, and to my note of the 30th of November, I have the honor to transmit to you herewith a copy of a despatch which I have received from his excellency the governor general of Canada, stating that he has issued his warrant for the extradition of Bennet G. Burley.

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

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Viscount Monck to Mr. Burnley.

QUEBEC, January 31, 1865.

SIR: Referring to your despatches of October 16 and November 30 and their enclosures, I have the honor to inform you, for communication to the Secretary of State of the United States, that I have issued my warrant for the extradition of Bennet G. Burley, charged with the crime of robbery within the jurisdiction of the United States.

SIR: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, announcing to me that the governor general of Canada had issued his warrant for the delivery of William H. Crawford to the proper authorities of the United States. Thanking you for the information, I have the honor to acquaint you that it has been communicated to the proper authorities, and to be, with high consideration, sir,

Your obedient servant,

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Burnley to Mr. Seward.

WASHINGTON, February 6, 1865.

SIR: With reference to your note of the 21st December and to my reply of the 22d December, relative to an alleged organization formed for seizing United States ships in various parts, I have the honor to enclose herewith a copy of a despatch which I have received from the lieutenant governor of Nova Scotia. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.