Thomas Russell to Sir F. Bruce, May 9, 1865

Earl Russell to Sir F. Bruce.

Sir: Her Majesty’s government have considered, in communication with the law advisers of the Crown, Mr. Burnley’s dispatch of the 24th of March, inclosing copies of correspondence which had passed between him and Mr. Seward respecting the case of Bennet Burley, and I have now to inform you that Her Majesty’s government adhere to the opinion which I expressed in my dispatch of the 25th of February, that it would have been a breach of good faith to have put Burley upon his trial for the charge of piracy, which was not the ground of his extradition under the treaty, unless he were, at all events, bona fide tried for robbery, for which offense he was given up.

The same observation is equally applicable to the charge of assault with intent to commit murder, with which Her Majesty’s government do not understand Burley to have been charged before the Canadian authorities.

I have, however, at the same time, to acquaint you that Her Majesty’s government also adhere to the opinion as to their limited power of interference in this case, as expressed in my above-mentioned dispatch, if Burley be really tried upon the charge for which he was given up, and also upon other charges. But it appears from Mr. Seward’s letter to Mr. Burnley of the 20th of March that Burley will not be tried for piracy, as had been apprehended.

I am, &c.,