Mrs. Anna Jameson, in
her _Sketches in Canada_, ed. of 1852, London, on pp. 55-58, gives
another account. She rightly makes the extradition order the
governor's act, but errs in saying that "the law was too expressly and
distinctly laid down and his duty as Governor was clear and imperative
to give up the felon" as "by an international compact between the
United States and our province, all felons are mutually surrendered."
There was nothing in the common law, or in the statute of 1833 which
made it the duty of the governor to order extradition, and there was
no binding compact between the United States and Upper Canada such as
Mrs. Jameson speaks of. No doubt the reason given by her for the order
was that in vogue among the official set with whom she associated, her
husband being vice-chancellor and head (treasurer) of the Law Society.
The _Christian Guardian_, _Niagara Reporter_ and _Niagara Chronicle_
and _St. Catharines Journal_ of September, October and November, 1837,
contain accounts of and comments upon the occurrences, and sometimes
attacks upon each other.
Deputy Sheriff Alexander McLeod was a man of some note if not
notoriety. During the rebellion of 1837 and 1838 he was in the Militia
of Upper Canada. He took a creditable part in the defence of Toronto
against the followers of Mackenzie in December, 1837, and was
afterwards stationed on the Niagara frontier. There he claimed to have
taken part in the cutting out of the Steamer _Caroline_ in which
exploit a Buffalo citizen, Amos Durfee, was killed. McLeod, visiting
Lewiston in New York State, in November, 1840, was arrested on the
charge of murder and committed for trial. This arrest was the cause of
a great deal of communication and discussion between the governments
of the United States and of Great Britain, the latter claiming that
what had been done by the Canadian militia was a proper public act and
they demanded the surrender of McLeod. This was refused. McLeod was
tried for murder at Utica, October, 1841, and acquitted, it being
conclusively proved that he was not in the expedition at all.
[33] Concluded at Washington, August 9, 1842, ratification exchanged
at London, October 13, 1842, proclaimed November 10, 1842; this treaty
put an end to many troublesome questions, amongst them the Maine
boundary which it was found impracticable to settle by Joint
Commissions or by reference to a European crowned head, William, King
of the Netherlands. It will
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