I have the honor to be, with high consideration, sir, your most obedient,
humble servant,
Hon. William Hunter,
&c., &c., &c.
Governor Rawson to Mr. Burnley
Government House,
Nassau,
April 3, 1865.
Sir: I have the honor to acknowledge your
despatch of the 9th ultimo, transmitting a copy of a note from the
Secretary of State for the United States, requesting the extradition
of Vernon (or Verdon) G. Locke, charged with the commission of the
crimes of piracy and murder on hoard the United States merchant
steamer Chesapeake, and a fugitive from the justice of the United
States.
This man is now under arrest at Nassau, and will be brought to trial
at the ensuing sitting of the general court, for the fraudulent sale
of the captured United States schooner Hanover, being an offence
committed in her Majesty’s dominions against British law.
Under such circumstances, it appears to me that I should not be
justified in delivering him over to the authorities of the United
States, to be tried by them for another offence, until he shall
either have been acquitted of the first offence, or, if condemned on
the trial for it, shall have undergone and completed his
sentence.
As, however, his trial will take place so soon, the question of his
acquittal or condemnation will not long be at issue. If he should be
acquitted, I shall be prepared to act upon a requisition presented
to me conformably with the provisions of the 10th article of the
treaty of Washington, to which Mr. Seward refers. If he should be
condemned, he will remain in confinement here, and I will refer the
question of extradition to the secretary of state for the
instructions of her Majesty’s government.
I request, however, that you will lose no time in pointing out to Mr.
Seward that his note does not contain, and that this government does
not possess, any evidence or information upon which I can legally
comply with his present requisition. The 10th article of the treaty
of Washington stipulates that extradition is to be made “upon such
evidence of criminality as, according to the laws of the place where
the fugitive or person so charged shall be found, would justify his
apprehension and commitment for trial, if the crime or offence had
there been committed;” that the primary arrest must be made “upon
complaint made under oath;” that the person charged is to be brought
before a competent court, “to the end that the evidence of
criminality may be heard and considered,” and that I have only the
power of surrendering the fugitive if, on such hearing, “the
evidence be deemed sufficient to sustain the charge,” in the
judgment “of the examining judge or magistrate.”
It will be necessary, therefore, for the government of the United
States to supply such evidence of the nature and circumstances of
the alleged crimes, of the identity of Locke, and of his
participaiton in the commission of the said crimes, as will satisfy
the usual requirements of the colonial laws.
[Page 125]
I would also direct the attention of Mr. Secretary Seward to the
provisions of the imperial act 6 and 7 Vic, C. 76, passed for the
purpose of giving effect to the treaty of Washington, and among them
to the necessity of proving that the crime was committed within the
jurisdiction of the United States—a fact which I am advised should
appear upon the face of the requisition.
I have, &c,
RAWSON W. RAWSON, Governor.
J. Hume Burnley, Esq.,
&c., &c., &c.
