treating marauders within the province of Canada, several of them were arrested by local magistrates in that province, and a part of the plunder carried off by them was seized by such magistrates and retained in their custody. That immediately thereafter requisition was made by the Government of the United States upon Her Britannic Majesty's government for the surrender of said persons on the charges respectively of murder, assault with intent to commit murder, and robbery, committed within the jurisdiction of the United States, such requisition being based on and conformable to the terms of article 10 of the treaty of 9th August 1842 between the United States and Great Britain. That the requisition was supported by full evidence on the part of the United States of the commission by the persons so charged of the acts of violence above named. That before the hearing before such local magistrates of the charges preferred against such arrested persons, Her Majesty's government for said province caused the jurisdiction of such local magistrates and the proceedings before them to be superseded by one Charles J. Coursol, a judicial officer of the province, who took jurisdiction of the matters charged, issued warrants for the arrest of the persons so charged, and caused such persons to be removed from the jail at St. Johns, Canada, where they were confined under process issued by the local magistrates, to the city of Montreal; and also caused the property seized to be transferred from the custody of the local magistrates to the custody of Her Majes ty's officers in Montreal. That a partial hearing was had before Judge Coursol, on which hearing full evidence was made of the commission of such acts of violence by the persons so charged; and that the hearing was, on the application of the persons charged, unreasonably, and against the protest of the counsel for the United States, postponed from time to time to the 13th December 1864, for the purpose of enabling the respondents to make proof of their being commissioned and authorized by the Confederate States of America, so called, to commit the acts of violence named. That on the 13th December Judge Coursol, without hearing any further proofs or arguments, in a hasty, unjudicial, and indecent manner discharged from custody the persons against whom such hearing had chiefly proceeded, and all other persons arrested and held on the same charge, and immediately and with indecent haste ordered the money and property of the claimants found upon

the persons so charged to be delivered up to them, and permitted them to make their escape therewith, such money and property amounting to $80,000 and upwards, and having been fully proved and identified as the money and property of the claimants, and as having been plundered and carried off by the persons so charged and arrested and discharged. That subsequently further warrants were issued by Judge Smith, one of Her Majesty's justices of the superior court for the said province, on which warrants, after much delay and hindrance, arising from the friendliness of the constabulary of the province to the Confederate raiders and their pretended government, and the unfriendliness of the same to the United States Government and its people, in consequence whereof most of the offenders were allowed to escape, and all the money and property was allowed to be secreted or removed, five of the persons so charged were again arrested and brought before Justice Smith upon an application of the United States for their extradition. That after much delay Justice Smith decided that the persons were not the subject of extradition under the treaty, but were belligerents against the United States in committing the acts complained of, and in making their retreat to Canada and enjoying its asylum, and discharged the prisoners. That by these acts of the judicial officers of Canada, Her Majesty's government, in effect, refused to surrender the persons who committed these acts of violence within the United States, and refused to restore to the United States and to its citizens the property and money so taken and carried by the plunderers into the province of Canada. That in the commission of these acts, as well as in their organization and preparation for the same, these raiders claimed to act under the authority and in aid of the so-called Confederate States of America-the enemies of the United States-and that their confederation and organization for the purpose of committing these acts were well known to many of the government officials, local officers, and citizens of the province of Canada before the occurrence of the acts named at Saint Albans. That in consequence of the culpable negligence or connivance of the authorities of the province, no steps were taken to prevent the expedition, or to give any information to the United States Government, or any of its officers, so as to enable them to protect themselves against such acts. That both before and after the acts in question warm sympathy and hospitality

were extended to the offenders by a large number of the leading and influential citizens of the province of Canada, and the acts themselves were vindicated and approved by some of the official government newspaper organs in the province; and that such sentiments prevailed there that magistrates and peace officers in many instances refused search-warrants and the necessary assistance to enforce the same; in consequence of which many of the offenders were allowed to escape without arrest and carry with them the plundered property. The memorials charged Her Majesty's government and official authorities in Canada to have been culpably negligent in permitting the raid in question from their borders, and in permitting the returning band, under fresh pursuit, to escape into Canada and obtain asylum therein, and in refusing to surrender them, with their booty, to the United States, and in neglecting and refusing, upon full notice and demand, to restore to the United States or to the claimants the money and property of the claimants so carried off by the raiders. "Proofs taken on the part of the claimants fully established the facts of the depredations committed at Saint Albans, as alleged in the several memorials, and that those depredations were committed by a body of men who came separately or in small detachments from Canada in the guise of ordinary travelers and without any open or apparent organization or military array. That their first apparent action in an organized body or in unison commenced at Saint Albans, on the 19th October 1864, and continued less than an hour. That immediately after the committing of the depredations charged in the complaint they retreated in a body toward Canada; were closely pursued by the citizens of Saint Albans and vicinity, who rallied for that purpose; and that the pursuit was only abandoned upon the retreating party entering the province of Canada. The party acted under the command of one Bennett H. Young, a lieutenant in the army of the Confederate States, and all its members were claimed to have been connected with the regular military service of the Confederates.

Claimants' proofs.

"The arrest, examination, detention, discharge, rearrest, and final discharge of some of the party, substantially as alleged in the memorial, were also established by proofs on the part of the claimants. Testimony was taken on both sides bearing upon the question of the knowledge by the authorities

of Canada of the intentions of the Confederates to organize a raid from Canada upon Saint Albans or other frontier towns of the United States, and as to the conduct of those authorities in regard to taking any measures to prevent or suppress such intended raid.

"Among the witnesses examined on the part of the claimants to show such knowledge by the Canadian authorities, and their failure to take proper steps to prevent or suppress the raid, were Guillaume Lamothe, chief of police of the city of Montreal, at the time of the raid, and Jacob Rynders, a detective in the employ of the United States at Montreal at the same time. The evidence of these and other witnesses tended to establish the fact that the raid upon Saint Albans was arranged and organized in Canada; that the fact that that raid or similar raids were in contemplation was known to high officers of the Canadian Government, among others to Sir George E. Cartier and Sir Etienne Taché, then members of the Canadian ministry; to Col. William Ermatinger, a stipendiary magistrate, having the entire control of the police force and militia for the district of Montreal, embracing all the frontier towns in Lower Canada bordering upon the United States; to Lamothe himself, chief of police of the city of Montreal; and to Judge Coursol, government superintendent of police for the city and district of Montreal.

"The claimants also put in evidence the report of Frederick William Torrance, esq., who was commissioned in January 1865 by the Canadian Government to investigate and report upon the proceedings connected with the arrest, examination, commitment, and discharge of the raiders, the seizure of the moneys found upon them, and the circumstances connected with the giving up of such moneys; also, whether there was any refusal to execute any warrant for the rearrest of the accused; if so, by whom and for what reason; and generally to obtain authentic information of all matters and things connected with such arrest, discharge, and rearrest of the prisoners, and the seizure, detention, and giving up of the moneys. In this report, made to the Canadian Government and dated 18th May 1865, Mr. Torrance went fully over the whole ground committed to his investigation, Messrs. Coursol and Lamothe appearing before him and being permitted to cross-examine witnesses. The report recited the facts found by him, including

the transactions at Saint Albans substantially as alleged in the memorials; the flight of the raiders into Canada, closely pursued by the citizens of Vermout; the arrest in Canada of sev eral of the raiders by the local authorities in the district bordering upon Vermont; the seizure upon the persons of those arrested and in deposits where secreted by them of about $87,000 plundered from the banks; the subsequent taking of jurisdiction of the cases of the persons arrested by Judge Coursol, and the transfer of those persons to Montreal; the examination of the prisoners, or some of them, before Judge Coursol, the Government of Canada, the United States, and the prisoners all being represented upon such examination, and the same having been continued from the 7th November to the 13th December, including an adjournment of several weeks during that time to enable the defendants to make proof of their relations to the government of the Confederate States, and to show that their acts were those of lawful belligerents and not of private robbers. That on the 13th December an objection was raised by the counsel for the prisoners to the jurisdiction of Judge Coursol, which objection had some days previously been made the subject of a private interview between Judge Coursol and the counsel for the prisoners; and that thereupon the prisoners were immediately discharged, and the money found upon them, to the amount of about $87,000, was surrendered to them by the chief of police, under the private advice of Judge Coursol, though without any judicial order to that effect. The report of Mr. Torrance acquitted both Judge Coursol and Mr. Lamothe of the imputation of being influenced by corrupt motives. It showed that after the discharge of the prisoners by Judge Coursol, new complaints were made on behalf of the claimants or their government before Mr. Justice Smith, on which warrants issued for the rearrest, and that the execution of these warrants was refused by Mr. Lamothe and one of his deputies. Under the instructions of Sir George E. Cartier, and under the stimulus of a reward offered by the Government of Canada for the rearrest of the prisoners, five of them were shortly afterward rearrested upon the warrants issued by Justice Smith, and on examination were discharged by him, on the ground that their acts at Saint Albans were belligerent acts and not crimes subjecting them to extradition under the treaty between the United States and Great Britain.