Kimberley to the governor-general, May 16, 1871

The secretary of state for the colonies to the governor-general.

My Lord: I have the honor to acknowledge the receipt of your lordship’s dispatch of the 20th of February relating to the case of Richard Caldwell, who was surrendered to the United States Government under the extradition treaty, on the charges of forgery and uttering forged paper, and who is alleged to have been subjected to legal proceeding in the United States for an offense against the laws of that country for which he was not surrendered, and for which he was not liable to surrender under that treaty.

I have been in communication with the secretary of state for foreign affairs as to this case, and the opinion of the law-officers of the Crown has been taken upon it.

Her Majesty’s government are advised that this is not a case in which they would be justified in claiming the surrender of the petitioner from the United States Government.

The obligation of Great Britain under the convention of 1842 is qualified by no other condition than that evidence of a definite kind shall be forthcoming of the fugitive having committed one of the crimes enumerated in the convention. It appears that such evidence was produced to the satisfaction of the Canadian authorities, and the petitioner was therefore surrendered to the United States Government.

It further appears from the decision of the judge of the circuit court of the southern district of New York, upon the demurrer of the petitioner, that he has been duly indicted for the offense by reason of which he was surrendered, and it seems that he is to be tried for it.

Her Majesty’s government are further advised that there is nothing in the convention which would preclude the indictment of the petitioner in the United States for an additional offense which is not enumerated in the convention, so long as such proceedings were not substituted for proceedings against him on the charge by reason of which he was surrendered.

The original inclosures which accompanied your dispatch are herewith returned, in compliance with your request.

I have, &c.,