undergo any of the punishments
stated in the Act (3 Wm. 4 c. 7) passed last Session: my opinion
is that a forcible rescue from the custody of the sheriff in this
Province attended with the aggravated circumstances detailed in
the Affidavits of John M. Wilson and Alexander MacArthur though
by the law of England it would subject the offender and those
actively aiding and abetting him to severe corporal punishment,
by the law of the Province as it now stands could not be visited
by a graver punishment than fine and imprisonment which is not
one of those enumerated in the act.

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

"'To
"'John Beikie, Esq.,
"'Clerk, Executive Council.'

"'JUDGES' REPORT.

"'York, 27th September, 1833.

"'May it please Your Excellency

"'We have the Honor to report to Your Excellency that we have
deliberated upon the reference made to us by Your Excellency's
Command on the 17th September Instant in respect to an
application addressed to Your Excellency by the Government of the
Territory of Michigan requesting that certain persons now
inhabiting this Province may be apprehended and sent to that
country to answer to a charge preferred against them for
assaulting and beating the Sheriff of the County of Wayne and
rescuing a prisoner from his custody. We observe that the recent
act of the Legislature of this Province intituled "An Act to
provide for the apprehending of fugitive offenders from foreign
countries and delivering them up to Justice" (a copy of which we
annex to this report) gives a discretion to the Governor and
Council in carrying into effect its provisions declaring in
express terms that it shall not be incumbent upon them to deliver
up any person charged if for any reason they shall deem is
inexpedient so to do." We take it for granted however
notwithstanding the general terms in which the reference is made
to us, that we are not expected to express our opinion upon what
would or would not be a proper exercise of this discretion. It
does not, indeed, occur to us than any question of political
expediency is presented by th