The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-05-09
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wINsLOw EXTRACTION CASE.
Letter of Secretary Fish

upon 1Orelgn governments seeking extraul-
ton under treaties 10 existence. Prior to
that act the United States has declined to
become subject to the British act of 1870,
and with knowledge Of this the govern
ment OF Great Britain has continued con-
stantly to ask and obtain extraditions un-
der the treaty of 1912, and since the re-
fusal of the United States to negotiate a
new treaty under the provisions Of that
act. Since the passage of the act of 1870,
Great Britain has obtained from this gov
eminent some thirteen warrants of extradi-
ton, and has instituted much larger num-
Der of proceedings to obtain extradition. In
no instance has Great Britain thought it
necessary to tender any such stipulation as
she now asks from the United States, or to
present her requests for extradition in any
way different from that in which they
were presented prior to 1870. The United
States in the same time have instituted nu-
merous proceedings, and at this moment
have three criminals in London in custody
upon charges of forgery, whose extradi-
ton this government Is seeking in the
usual manner provided by the treaty.
During this period no intimation has
reached this government that the treaty of
1S42 was not in full force or that the act
of 1870 was claimed to limit It's operation
or to impose upon this government the ne
cessity either OF changing it's laws or of
giving stipulations not known to the pro-
visions of the treaty and not heretofore
suggested, nor has any representation been
made to this government by that Of Great
Britain on account of our proceedings TAX
en- in the case Of Lawrence mentioned 10
the opinion attributed to the home office in
the note Of Lord Derby to General Schenck
before referred to. But now with these
important cases pending in London,
for eytradition, "a one OF which at
least all formalities have been dispensed
with. We have been informed in SUBJ
stance that it had been supposed up TO the
present time by the British home office
that our law as to trials for other than ex-
tradition offences was an agreement with
the law of 1870, but finding it to be other
wise, we are confronted with the require
ment of a stipulation in order to obtain
what it guaranteed by the treaty Of 1842,
whereby the United States must recognize
the right OF the British parliament by sta
tute to arrange existing executory treaties
and to impose upon this government con.
ditions and stpulstions to which it had not
given its assent.
As relates to the particular case of the
fugitive Winslow, there is not, SO far as /
am aware, any intention CT trying him for
any offenses other than those for which in
dictments were transmitted and for which
his surrender was demanded but the Uni
ted states will give no stipulation which
the treaty does not authorize. The demand
or the stipulation or condition ia demanded
by Gsseat Britain as right Right of de-
mand must be established. The president
regrets that condition which in bis judy
nent is without Justification under the treaty
should have been asked. He regards the
question thus presented as of grave and
serious character, on the nnsl solution of
which must probably depend the continu-
ance ef the extradltion article of the treaty
of 1912. He cannot recognize the right of
any o her power to change, at its pleasure,
and without the assent of the United States,
the terms and conditions Of an executory
agreement in treaty solemnly ratified be-
tween the United States and that power.
He thinks that the twenty-seventh section
Of the British act of 1870 was specially ill.,
tended to exempt the treaty with the Uni
ted States from the application
of any of the new conditions or provis-
ions embodied in that act, and
to leave that treaty to bo construed, and
the surrender of fugitives hereunder to be
made, as had been previously done. He
hopes that on further consideration hei
majesty's government will see in the sec.
ton referred to the effect which he sup.
posed it was designed to have, but he re.
cognizes that it is for the British govern
ment to construe and enforce its own stat.
utes. and should her msiesty's government
finally conclude that the British parliament
has attached new conditions to the com.
pliance by that government of its engage
ments with the United States under the 10th
article of the treaty OF 1912 relating t
extradltlon, requiring from the United
States stipulations not provided fol
or contemplated in the treaty. He will
regret the necessity which will thereby II
imposed upon him, and does not see how
he can avoid regarding the refusal b,
| Great Britain to adhere to the provislonI
of the treaty, as they have been reciprocal
| ly understood and construed from its dat,
to the present time, or the exaction by
that government of condition heretofore
| unknown, as an infraction and termination
Of that provision of the treaty. You arr
not authorized to enter into any stipula
ton or understanding as to the trial o
Winslow in case he be delivered up to jus
tice. His surrender is asked under and il
accordance with the provisions Of tn
tenth article of The treaty be
tween the United Srares aud Great Britain
of the ninth Of Aug. 1s42. He is charged
with crime included within the list o
crimes enumerated in the treaty; tina
crime was committed within the jurlsdic
ton Of tho United States, he has sought al
asylum and teen found within the terrific
ries of Great Britain, and the United State
have produced such evidence Of his crimi
nality as according TO the laws Of Grea
Britain would justify his apprehension an
commitment for arial Of the crime or Of
Tense had been committed in Great Britain