Authorities of the United States on the plea of their having committed
crimes in the last mentioned Country and in the particular case of
Jesse Happy, who having escaped to Upper Canada more than four years
ago, had been demanded from the Lieut. Governor of that Province, upon
the ground of a charge of Horse Stealing.

"These two questions have by direction of Lord Palmerston been
submitted to the Law Officers of the Crown, and I am directed by his
Lordship to state to you the opinion of these officers for the
information of Lord Glenelg.

"The Law Officers report upon the general question, that they think
that no distinction should in the case contemplated, be made between
the demand for Slaves or for Freemen.

"It is the opinion of the Law Officers that in every case in which
there is such Evidence of criminality as, according to the terms of
the Canadian Statutes, would warrant the apprehension of the accused
Party, if the alleged offence had been committed in Canada, then on
the requisition of the Governor of the Foreign State, the accused
Party ought to be delivered up, without reference to the question as
to whether he is or is not a Slave.

"The Law Officers desire however that it should be distinctly
understood, that the Evidence for this Purpose must be evidence taken
in Canada, upon which (if false) the Parties making it may be indicted
for Perjury.

"The Law Officers remark further on this point that the 3rd Section of
the Provincial Statute enables the Governor to refuse to deliver up a
Party, whenever special circumstances may render it inexpedient to
accede to the demand made to the Governor on such a point.

"The Law Officers, reporting upon the subject of Jesse Happy state
that they do not think that there was in that case such evidence of
criminality, as, according to the Laws of the Province of Upper Canada
would warrant the apprehension of Jesse Happy if the offence charged
had been committed in U. Canada.

"The Law Officers indeed go farther, and say that so far as there is
any evidence of the Facts, what took place was not Horse Stealing
according to the Laws of Upper Canada, but merely an unauthorized use
of a horse, without any intention of appropriating it.

"The Law Officers conclude by, stating, that upon these grounds, they
are of opinion, that Jesse Happy ought to be set at liberty, and that
instructions to that effect should be sent to the Lieutenant Governor
of Upper Canada."[21]