New-York tribune., 1876-08-05
EXTRADITION.
LETTER FROM THE HON. D. A. WELLS.

TIE RIGHT AND TEF WRONG IN THE ExrRADITIoN
oUE sTION-TIIE wEAKNEs5 OF aR. FIsIPs Posi-
TON.
TO the Editor Of The Trtbune.
SIR: Public opinion in the United States, up to
the present time, Ill respect to the " "EXtradltlon
dficulty,D has almost unanimously favored the
position taken by Mr.. Fish and The Government.
But il is nevertheless almost certain that TINS
opinion is the result Of sentiment, rather than OF
conviction based on knowledge; for the people at
large have not taken sufficient interest in the case
to study it's merits and in default thereof have
naturally adopted and ndorsed the opinions OF their
official representatives. There are however certain
points in the case-matters OF fact and matters Of
cgis!ation-whch have either not been stated at
all or not clearly or connectedly stated and which,
if brought to the attention of the public, may lead
TO a reversal of what is now popular Judgment
Such a statement it is now proposed to attempt.
ORIGIN OF THE DIFFICULTY.
InIsf2 the United States and Great Britain, for
the fiTtherance of justice and the repression OF
crime, agreed mutually to deliver up to each other
OH proper demand and evidence, persons charged
with murder or attempt to murder piracy, arson
robbery, OF forgery, committed within the jursdic-
ton of either and who, having sought an asylum,
may be found within the territory of the other
From 1912 10 1875 the administration OF this treaty
between the two countries worked smoothly. In
1915 it was ascertained, however that one Law
renee by himself and othcrs-one of the others hay-
ing been q United States official, occupying most
responsible positIcn-had been engaged in smuggling
silks on large scale tempted, undoubtedly thereto
by the enormous duty imposed on the importation OF
such merchandise); and apprehondng detection anu
punishment, had fed the country and taken refuge
in Great Britain. All this occurred shortly after the
4 oh, had
brought so much of plumber and profit to certain
Federal officials, and with appctltcs %hettcd by
what had been already received, special and extra
ordinary efforts were made by the same parties 10
secure the arrest OF unques,ionably with
hopes as subsequent events sufficiently proved, that
a sufficient number Of merchant importers worth
plunderiug would be found implicated, and that the
loot. even under the modified moiety system, would
afford more Of profit than would result from the fol-
lowing of any ordinary business. The first step vas,
therefore secure Lawrence as principal, and The
7ecora to indict Claf,in Il Co.. field, Morris d Co.,
and other New-York houses as directly indirectly
implicated.
But bow was Lawrence 70 be reached' Obviously
not by demanding his cxtraditioE on the charge Of
smuggling, for smuggling is not mentioned IN any
way in the treaty as an cxtladitabIe ohcnsc; and
furthermore, as violation of American law, It IS
not an oifeuse ut common law or b. statute in any
other or foreign country. His cNtgaditOn was there
fore demanded on the charge Of forgcry-forgcry of
q Cuet0m-houSc bond aud afliaayit-althoush those
who preferred the charge must have known ut The
very outset, if thcy understood the case, what
was aftcrward proved in court, that there was
no foryorv in the usnal sense Of the term.
actually cOmmitted-the Rames signed being
the names of purely fictitious persons. Never
,bcl.s,. the preten,e fully served the purpose
and Lawrence was delivered up nv the British off,
it ,vbo clearly had uot .Ii,pi.Ion that ANYTHING
., ., 80. ;r,,r,. IN I,o Jo,rnd f,r
o'''t ,h"n iolk''! vas i"''''' , '' '''0
extralitl0n. The whole proceeding was, however,
49, , ,o,,,,, NJ n ,r;.l- and ,s stIclt was mean and
ia ,"' N"',,' VA " ''''"' '''' - -, - -
Lawrence, WAS wanted or for winch Jherc WAS oIig-
rollv ony intent Of punisi.inC him. but for snug
cling. for which he would not have been eNtrIdited
by any country; and unquestonahly. rs will here
after he shown. nor so much either with the view
# puaishilg him "a q smuZpigr, rs OF making him
an instrument ia the hands OF certain notorious PET
sons lor extogtug money from other parties.
A PROTEST ~ ENGLAND
Accordingly the mom5nt that Lawrence came
into the custody of the United States authorities at
New-York the United States D.strict-Attorncy in
that city, dropping any further prctcuSc about for
gc.y, proposed 10 put hin, az once on Trial tor snug
clinG or. more correctly, 80 proceed against him IN
civil action for tie recovery OF $l,3s',iOO alleged
To be unpaid duties on goods imported Up u thl'
point ana Tor months subsequent the p''ca'di'-'
IN reference to ts eAradltcd person 40 nor S''m 10
have been made the occasion ol any uPoihAuc
considerations hutthat the ErltlsI N'hstcr"t WASH
nctJn represented the facts to hla Government can
not be doubted ana that o"r own government iei1
that they were being p"t III q'''auoA"nio position
Is also made certain rom 'he circumstance IraI Oh
the -Ist oi Way TO the ILe'ld'h' "a '"o .h''"
states lsaHeu Tie Aoiio"lns o'uet'