The New York herald., 1875-09-29
AN IXYRADIT'ON QUESTION.
Why Lawrence Is Not Tried on the
Charge of Smuggling.
WILL ENGLAND INTERFERE 2
Interesting Correspondence
in the Case.

Tho active friends OF tho alleged smuggler Lawrence
intcrposng ingenious defence against his further
prosecution by the government They claim that
in April last cable despatch, emanating from tho
Department of State at Washington, sent to Eng
land invoking tho frondiy Offices OF Great Britain to
arrest and detain Charles L. Lawrence a passen-
ger by the steamship Caspian charged with tho crime
of forgery. Acting upon this request the police
thorties took Lawrence into custody at Queenstown,
brought him to London where, after a confinement of
| several weeks, a hearing obtained before Sir
| Thomas Henry the Chief Magistrate, at Bow street,
and tho defendant offering opposition beyond
protest by counsel, held for extradtion for the
crhno Of forgery, of which no alono accused He
arrived In this city subsequently, in custody of Special
Deputy Marshal Mooney, and lodged in Ludlow
Street Jail Immediately thereafter Mr. Stoughton his
counsel visited tho District Attorneys oco, seeking
Information as to the warrant upon which Lawrence
was eXtradited, when he was informed by
| Mr. Bliss that he knew of no extradition
warrant in tho premses that he had found him in New
York and had arrested him upon indictments for
spiracy to deraud the government, upon which indic
ments he proposed TO bring him to trial visit to the
Deputy Marshal who brought him TO this country
attended with like unsatisfactory result; so Mr.
Stoughton proceeded to Washington laying the
before tho President and calling his attention to
the statute of the United States OF March, 1862 which
provides that 1t shall be the duty of the President to
take all necessary for the transportation and
safe keeping of oxradited prisoner and his secu
rity against lawless violence until the final conclusion
of his trial for the crimes and offences specified in the
warrant of extraditon and until his final discharge
from custody Imprisonment for account of
such crimes offences, and for a reasonable time
thereafter and for such safe keeping and protection
the President may employ the land and naval forces OF
the United States"
GOVERNMENT ORDERS.
The President Immediately issued orders directing
District Attorney Bliss defer any proceedings against
the prisoner except upon tho charges for which he
exradited, until such time tho opinion Of the At
torney General could be received the rights of the
government in the premises Attorney General Pierre
pont, through motives Of decacy, having acted
counsel for Mr. Lawrence referred the whole matter to
Mr. Phillips, the Solicitor Goneral who as yet has failed
to render his report 1t is UNDERSTOOD however, from
high authority that this official will decide that is
clause in treaty with Great Britain which pre-
vents the accused from being tried for offences other
than that upon which he extradted and further
that the accused has standing In demonstrating
against such treatment, the British government alone
having the right of complaint
1t by the following correspondence that
measures have been taken in England by the we'll
known solicitors Lewis & Lewis from which it will be
that tho British government has been induced to
cause the proper inquiries to bo made, and will prob
ably protest against any such breach Of faith the
part of government 1t appears Lawrence
surrendered not only in accordance with treaty spua
tions but will be by the correspondence upon
the implied understanding that he to be tried only
for the offence with which he charged in England.
CORRESPONDENTS.
No. 10 ELY Place, HoLBoRN LONDON
July 10 1875.
sm-0n the Soth of April last you signed warrant
for the extradtion of Charles Lewis Lawrence of
New York. accused Of the crime of forging and tutoring
a certain bond and affidavit within the jurisdiction Of
the United States OF America, that he should bo
ceived into tho custody of Police Sergeant Shaw by
him conveyed within tho jurisdiction Of the said
United States OF America and there placed in custody
of any person appointed by the said Jurisdiction Of
which you were good enough to furnish us with
q certified copy
BY the third section of the Exiradon act 1870 it is
enacted that among the restrictions that should be OBJ
served with respect to tho surrender Of fugitive crm
nails
fugitive shall not surrendered to foreign
State unless provision made by the lazy Of that State By
has been restored or had an of returning to Her
dOmsions be detained or tried led in that foreign
than the exraon crime proved by the facts which the
Inasmuch as the laws of the United states does not
contain such provision and no arrangement" appears
to have been made as required by law we assume that
the exradon granted subject to the provisions of
the treaty OF 1870 If this be So the arrangement"
required by such treaty will have been made by mp
cation May ask your early answer to this letter.
'''' WV 4''''' v LEWIS l. LEWIS.
To THE RIGHT HoyoRABLE THE SECRETARY OF STATE
FOR THE HOME DEPARTMENT.
I42,22ol
WnIrRHALL, July o. 1875
GENTLRMEN-I am directed by the Secretary of State
to acknowledge the receipt of your letter of the 10th
inst and acquaint you in reply, that Charles Lewis
Lawrence was surrendered nae IN pursuance Of the FIX
anco with the provisions Of the Exradtion of 1870
am, gentlemen, your obedient servant ,
Mcssrs LEWIS Il LEWIS No. 10 Ely place, Holborn.
mo. 40 300
No. 10 ELY PLACE, LONDON, e. c., July 90 1875.
SIR-We have the honor to acknowledge the receipt
Of your letter Of the 9th inst in which you state that
Charles Lewis Lawrence surrendered in accordance
with the provisions OF the treaty and Extraditon
of 1870 You will observe that, probably through in
adverence you have not replied TO that portion of our
letter in which we drew your attention to tho fact that
II required by the third section of the above act that
fugitive criminal shall bo surrendered TO foreign
State unless provision is made by the law of that State
or by arrangement that the fugitive criminal "shall
not until he has been restored had opportunity
Of returning TO Hcr Maesty's dominion be detained or
tried in that foreign State for any offence committed
prior to his surrender other than the extradition
crime proved by the facts on which the surrender is
grounded"
accused surrendered to the American gov
ernmont except in strict accordance with the act
desire explicitly TO know, inasmuch as no formal ar
rangement made and provision is made by the
law of the United Stacs, whether the arrangement
qured by the act made by implication arising out
of the surrender of the accused.
If were made by such Implication, and you will be
good enough to say so, wo, rs solicitors for Mr. Law
renee shall be satisfied that the law has been complied
with but, If otherwise Mr.. Lawrence will be placed in
such position that by any breach Of faith the part
of the American government he be tried for
other than those for which he was cxtradtcd This
would place the Home Ohlco in difficulty far beyond
the mere personal question between Mr. Lawrence and
The authorities extraditng him.
Inasmuch ten days elapsed before reply sent
to our last letter. may ask prompt attention to it,
the subject is of pressing nature We are sir yours
truly, LEWIS LEWIS
To rHS I1GnT HONORABLE SECRETARY OF STATE FOR THE
HOME DEPARTMENT.
[42,220-Immedate
WHITEHALL, August !, 1875
GsXrLEMES-n reply to your lottor of the goth ut,
respecting the surrender the United States govern
ment OF Charles Lewis Lawrence, am directed by Mr.
Secretary Cross to acquant you that this man
delivered TO the American authorities upon tho implied
understanding that he would only be tried for the
,uli In ID