Lord Lyons to Mr.
Seward.
Sir: With reference to the note which you did
me the honor to address to me on the 22d March respecting the abduction
of Ira Lee and George Cooper from United States territory by a Canadian
constable, and to my reply of the 23d of the same month, I have now the
honor to enclose copy of a despatch which I have received from the
governor general of Canada, expressing his excellency’s regret at the
irregularity of the proceeding, and stating his readiness to order the
two men above mentioned to be discharged from custody, if, on a full
examination of the case, you wish such a course to be pursued. I have
also the honor to enclose a copy of the judge’s notes of the evidence
taken on the trial, which I beg you will be so good as to return to
me.
You will perceive that the governor general states that he is informed
that an irregular practice has grown up on both sides of the frontier
with regard to the arrest and delivery of prisoners. His excellency adds
that he has, on his part, given stringent directions for prohibiting the
practice, and he suggests that similar instructions should be given on
the part 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.
Viscount Monck to Lord Lyons.
Government House, Quebec,
May 2, 1864.
My Lord: Referring to your lordship’s
despatch of March 23, and its enclosures, respecting the case of two
American citizens, Ira Lee and George Cooper, alleged to have been
illegally carried off from the territory of the United States by a
Canadian constable, I have the honor to enclose a copy of the
judge’s notes of the evidence taken at the trial of these men at the
late quarter sessions of the county of Brant.
From this evidence you will perceive that these men were undoubtedly
carried away from the territory of the United States by a Canadian
constable; not, however, in defiance of the local authorities of the
United States, but with the assistance and approbation of those
officers.
This proceeding was clearly without any legal warrant.
These men were tried and convicted of larceny, and sentenced—Ira Lee
to confinement for three years and three months, and George Cooper
to confinement for three years, in the provincial penitentiary.
I shall feel obliged if your lordship will convey to Mr. Seward my
feelings of regret that the irregularity has taken place, and to
express to him my readiness to order the discharge from custody of
these men, if, on full information as to the facts of the case, he
wishes that course to be pursued.
[Page 604]
I should also feel obliged if your lordship would mention to Mr.
Seward that I am informed a practice has grown up on the part of
magistrates and peace officers on both sides of the boundary line
between Canada and the United States, of affording each other
reciprocal aid in the arrest of fugitive criminals, without
obtaining the proper legal authority for such proceedings.
I will give stringent directions that these irregular practices shall
be prohibited amongst Canadian officers, and I mention the subject
in order that your lordship may suggest to Mr. Seward the propriety
of having similar directions given with respect to the actions of
the subordinate officers of justice of the United States along the
line of frontier, if on inquiry it shall be found that the practice
to which I have alluded has prevailed.
I have, &c.,
Lord Lyons, &c.,
&c., &c.
