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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