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me in relation to the requisition from the Governor of Michigan dated 12th August, 1833, whether if a similar outrage had been committed in this Province the offender would be liable to undergo any of the punishments stated in the Act (3 Wm 4, Cap 7) passed at the last Session I have the honor to answer that a forcible rescue from the custody of the Sheriff of this Province attended with the aggravated circumstances detailed in the affidavit of John M. Wilson and Alexander McArthur accompanying the requisition would undoubtedly subject the offender and those actively aiding and abetting him to the gravest punishment in the act, death alone excepted. "'I have the honor to be, Sir, &c., "'(Signed) ROBERT S JAMESON, "'_Attorney General_. "'To John Beikie, Esquire, "'Clerk, Executive Council,'" "'The Council took the same into consideration and were pleased to make the following minute thereon. "'The Council having had under consideration the requisition of His Excellency the Governor of Michigan together with the various papers relative thereto beg leave respectfully to state that as the question involves matters of great importance in our relations with a neighbouring state it would be satisfactory to them if the opinion of the Judges were obtained for their information,'" (_Can. Arch._, State J. p. 148.) 7. At an Executive Council for Upper Canada held at York, September 27, 1833, under the presidency of Peter Robinson, the following proceedings were had: "Resumed the consideration of His Excellency G.B. Porter, Esquire, Governor of Michigan's Letter of the 12th Ultimo which was read in Council on the 27th and again on the 12th and 17th Instant. "Read also the Attorney General's opinion of the 20th Instant and the Judges' Report of this date as follows: "'ATTORNEY GENERAL'S OFFICE "'20th September, 1833 "'_Sir_ "'To the question which the Executive Council have done me the Honor to submit to me in relation to the requisition from the Governor of Michigan dated 12th August, 1833, whether if a similar outrage had been committed in this Province, the offender or offenders would be liable to
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