y the requisition
and it is not a subject for His Excellency's enquiry. Upon this
view of the case and considering that His Excellency in Council
can only restore fugitives charged upon evidence of crimes which
if proved to have been committed in this Province would subject
the offender to 'Death, Corporal punishment by Pillory or
whipping or by confinement at hard labour' and considering this
as a Penal Act which must not be strained beyond the literal
import towards those against whom it is intended to operate; the
result is that our law recognizes no such custody as that of an
agent acting under a warrant for removing a fugitive slave to the
Territory from which he fled, this is an offence which could not
be committed within this Province in any case and therefore that
His Excellency in Council is not by the Act of this Province
either required or authorized to deliver up the persons demanded.

"I have the Honor to be, Sir, &c.,
"(Signed) ROBERT S. JAMESON, _Attorney General_."

"The Council having again had before them the requisition of the
Governor of the State of Michigan relative to the escape of
certain offenders into this Province deem it mainly important to
their full consideration of the question that besides his opinion
upon the propriety of giving up the persons alluded to the
Attorney General should be requested explicitly to state whether
if a similar outrage had been committed in this Province the
offender or offenders would be liable to undergo any of the
punishments in the act passed last Session.

"(Signed) JOHN STRACHAN, P.C."
(_Can. Arch._, State J, p. 137.)

6. At an Executive Council for Upper Canada held at York, Tuesday,
September 17, 1833, under the presidency of the Rev. Dr. Strachan, the
following proceedings were had:

"The Council assembled agreeably to the desire of His Excellency
the Lieutenant Governor to take into consideration the
requisition of his Excellency the Governor of Michigan.

"Read the following letter.

"'ATTORNEY GENERAL'S OFFICE
"'14th September, 1833

"_'Sir_

"'To the question which the Executive Council have done me the
honor to submit to