Mr. Seward to Mr. Burnley
Sir: I have the honor to acknowledge the receipt of your note of the 7th instant, together with a copy of a despatch from the lieutenant governor of New Brunswick, in reply to my communication of the 16th ultimo to you, respecting the extradition of the St. Albans raiders, a copy of which you were pleased to submit to his excellency. In reply, I have the honor to state that the requisition under the treaty for fugitives from the United States in the British provinces is always in the form of a note from this department to her Majesty’s legation. The object and effect of this are merely a notice to the executive authorities of the provinces, that when the fugitives claimed shall have been judicially prosecuted under either the act of the imperial Parliament, or under any provincial act for carrying the treaty into effect, and the proper magistrate shall certify to the executive authority that there is sufficient cause for the surrender of the fugitive, the surrender may be made accordingly. Nothing more has been expected in the cases of the St. Albans raiders, who are supposed to be skulking in the province of New Brunswick.
It is the duty of this government to apply to the proper authorities there for their arrest and examination, and to furnish proof that they are subject to extradition, according to the treaty.
I have the honor to be, with high consideration, sir, your obedient servant,
J. Hume Burnley, Esq., &c., &c., &c.