The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-05-09
IMPORTANT STATE PAPER.
Review OF ENtradlilOn Laws Govern
Ing the MlnslOw Case,
The President Insists that All Formal
itics have been complied win
aud InperatiVeIy Demands
his Surrender.

extradition case, which our Charge de
Affairs nj London was directed to pre-
sent TO the attention OF Lord Derby,
was made public this afternoon. II
reviews at great length the clrcum-
stances connected with tho cxtradi.
ton OF Lawrence, on which case the
correspondence IN the Winslow mat
ter was based. The concluding portion
Of tho letter, which IL nv follows, will
suffice to show the position taken by
our government:
''Sinoe the passage Of the act Of 1870,
Great Britain has obtained from this
government some thirteen warrants OF
eXtradition, and has instituted II much
larger number Of proceedings to obtain
eXtradition. In no instance has Great
Britain thought II necessary to tender
any such stipulation NJ she now asks
from tho United States or TO present
her requests for eXtraditlon in any
way different from that which they
were presented prior TO 1870. The
United States, In the same time, have
Instituted numerous proceedings, and
at this moment have three criminals
In London in custody, upon charges
of forgery, whose extrndilion this gov
ernmeEt Is seeking In the usual man
ner provided by treaty. During
this period no iutimatIon has
reached this government that the
treaty of 1912 was not in
full force or that the act
of 1870 was claimed to limit It's opera
tions, or to impose upon this Govern
ment the necessity of either changing
It's laws or giving stlpulations not
known 20 the provisions of the treaty,
aud not heretofore suggested nor has
any representation been made 10 this
Government by that Of Great Britain
on account Of any proceedings taken
in the case Of Lawrence, mentioned IN
the opinion attributed to the home OIL
Ger In the note OF Lord Derby to Gen
eral Schenck. But now, with three
important cases pending In London at
the present time for extradltion, In one
Of which, ut least, NIL fOrmalitIes have
been complied with, we are informed,
in substance, that 1t had been supposed
up to the present time by the British
home office that our law asks trials for
other than extradition offences, aud
the United States must recognize the
right aof the British Parliament, by
statute, to change existing eXtrditiona
treaties, and impose upon this Govern
ment conditions aud stipulations
to which II had not given its assent.
As to theparticular case Of the fugitive
Winslow, there Is not, so faras | am
aware, any intention OF trying him for
any offences other than the lndict-
ments that were transmitted, aud
for which his surrender was demanded.
The United States will give no stipu-
lation which the treaty does not
authorize The President regrets that
condition which, IN his judgment, Is
without any Justification under the
treaty should have been asked. He
regards the question thus presented AS
ola grave and serious character, on the
final solution Of which must probably
depend the continuance OF the extra
ditlon article Of the treaty of 1872 lie
can not recognize the right of any
other power to change, at It's pleasure
and without the assent of the United
States, the terms and condition of an
existing agreement IN treaty sol.
EMMY ratified between the United
States and that power. He thinks that
the seventh section of the British act
Of 1870 was specially intended to leave
that treat to be construed and the sur
render OF fugitives hereunder to be
made us had been previously done.
He hopes that on further consideration
Her Majesty's government will see
that the section referred to has Deen
misconstrued, but that he recognizes
that it Is for the British government to
enforce.ts own statues, and should Her
Majesty's government finally conclude
that the British Parliament has
attached new condition to the COM
pliance by that Government Of its
agreement with the United States un-
der the tenth article Of the treaty Of
1742, requiring from the United States
stipulations not provided for or con.
templated in the treaty, he will deeply
regret the necessity which will thereby
be imposed upon him and does not see
how he can avoid regarding the refu.
| sal by Great Brittian to adhere to the
provisions of the treaty as they have
been reciprocally understood aud con.
strued from its date to the present
time, or the exaction by that Govern
ment Of conditions heretofore un.
known, as an infraction and termina-
ton of that provision of the treaty
You are not authorized to enter into
any stipulation or understanding as tc
the trial of Winslow, in case he should
be delivered up to Justice. His sur.
render Is asked under and In accord
ance with the proyinions Of the tenth
article ofthe treaty between the United
States and Great Brittlan, dated An.
gust 9th.lS42. He Is charged with q
.E8Sas e @fsD .,.,.