Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-05-06

| Winslow case, said the government had
sent dispatch to the United States gov
ernment, which could hardly have
reached Washington yet, and until the
result OF the pending negotiations are
known it would he incOnvenieut to put
| all the papers before the house OF COM
| mons.
Sir Henry Drummond Wolff cOnserv-
alive, announced that he would ask the
under-secretary of the foreign depart
psDt whether the United States gOvera-
nient had given notice Of the a5r0gstiOn
OF the eXtraditiOn clause Of the Ashbur-
ton treaty.
New York Tribune.l
WASHINGTON, May AT the cabinet
meeting to-day il was decided that for
NAL notice should be given TO Great
Britain Of the sbrOgation Of the tenth
article Of the AshburtOn treaty, which
relates to the eXtraditiOn of criminals
between the two countries. The de-
clsion was reached on account OF the ac .
ton Of the British cabinet on Saturday
in ordering the release Of Winslow,
which takes place tomorrow. The
treaty provides that the tenth article
may be abrogated at any time upon no.
tice by either government. It is entire
ly within the power Of the executive
department Of cur own government to
give this notice Of abrogstion wlt1ouL
the assent Of the senate. Secretary Fish
formally notified the British govern
ment this evening the action Of the cab
ine{.
THE ABROGATED ARTICLE.
The parts of the Ashburton treaty re-
lsting to the eXtraditiOn are appended.
The treaty was negotiated during the
administration of President Tyler,
Daniel Webster being secretary of state.
1t was signed at Washington, August 8,
1912.
Article lot is agreed that the
United States and Her Britanic Msje5-
ty shall, upon mutual acquisitions by
them, or their minister, officers, or au-
thorities, respectively made, deliver up
to justice all persons who, being
charged with the crime OF murder, OF
assault with intent to commit murder,
or piracy, or arson, or robbery, or for
gerry, or the utterauce of forged papers
committed within the jurisdiction of
either, shsl seek an asylum, or shall be
found within the territories of the other;
provided, that this shall only be done
upOu SuCu CNIucuC6 VI CllLllDhltIl "a,
according to the laws OF the place where
the fugitive or person so charged shall
be found, would justify his apprehension
and com mitmenG for trial, If the crime
or Offenee had there been committed;
and the respective judges and other
magistrates of the two governments,
shall have power, jurisdiction, and su-
thority, upon complaint Smade under
oath, to issue a warrant for the sppre.
hension of the fugitive or person so
charged, that he may b3 brought before
such Judge or other magistrate rCgpeet-
lively, 10 the end that the evidence OF
criminality may be heard aud cOnsid-
cred; and If, on such hearing, the evil
dencs be deemed sufficient to sustain
the charge, it shall be the duty OF the
examining judge or magistrate to certi-
fy the same TO the proper eXanUtivs an
thOrity, that warrant may issue for the
surrender of such fugitive. the Cx-
pense OF such apprehension and delivery
shall be borne and betrayed by the party
who makes the requ.sitiOn and receives
the fugitive.
Article IL = The tenth article
shall continue in force until one or the
other Of the parties shall signify its
wish to terminate it, and no longer.
ENGLAND's ATTITUDE DEFINED.
Pail Mall Gazette, April 2O.l
The United States tribunals have, by
a preponderance of suthOTities-thOugh
Chancellor Kent is among the minOIi-
ty-deciared against the general Obliga-
ton of eXtrsditiOn, and not long after
the recognition OF Independence Jeff5r-
son emphatically repeled claim IN
supported by special stipulation. This
doctrine WAS so tirIaly held that before
the emancipation OF the southern slaves,
the extIaditiOn clause Of tbs American
constitution-mOre binding Of course be-
tween the several States Of the Union
than any international cOmpact-was
often set aside. Demands" !" Mr.. Dana
tells US, were sometimes made on 3
free State for surrender on q charge of
larceny of cOlored man who had fled
from slavery-the charge being perhaps
of stealing a horse with which he had
made his escape, and the free States
have refused the surrender when salts
fed that the real object was to reduce
the man to slavery" Such being the
attitude of the United States govern
ment and of American sentiment gene
rally toward the Gle ms Of foreign ma
tions, and even Of confedeTated cOmmu-
mites, We have the greater reason to be
estonished at the tone taken By the
state department at Washington in the
negotiations respecting the surrender Of
Winslow, the Boston fOrger. 1t is be-
lieVed by our government, and indeed
it is not denied by the Am efican govern
ment, that if WinsloW's exUradition be
granted on the forgery charge he viii
be placed on his trial before ths
American courts on another charge,
not being one OF those included
in the treaty OF 1912, which regulates
the reciprocal rights and duties OF the
United Kingdom and the United States
in respect of the surrender of criminals.
The reason, Of course, is obvious. 1t
may be easy enough to establish such a
goTind Jdcte case before an English
magistrate as would secure an order for
extradition, but it may be s. very diffsr-
ent thing to secure q conviction before 8
tribunal in the States, though minor
indictment may be comparatively clear
OF difficulties. Instead, how
ever, of entering into negotiations for
the amendment of existing treaties in
this direction, the govesnment of this
country was satisfied with the passing
of the eXtradition act OF 1870, in which
was inserted q provision that "a fugitive
criminal shall not be surrendered to q
foreign Sta.e unless provision is made
by the law OF that StaIe, or by arrange
ment, that the fugitive criminal shall
not, until he has been restored or had an
opportunity of returning to her mejes-
ty's dOminions, any Offenss committed
prior to his surrender other than the ex-
tradition crime proved by the facts on
which the surrender is grounded" In
accordance with the law thus laid down,
cur government now declines to assent
to the demand of the United States fer
WinslOw's extTadition, unless a promise
be given that WinslOw will not be put
upon his trial on any other charge than
that Of forgery. And this promise DIR.
Fish as firmly refuses to give. He takes
his stand, he says, upon the
treaty OF 1912, and will not
consent to take cognizance OF the act
Of 1870, which is mere municipal Law
of the United Kingdom. This is, no
doubt, correct in a certain sense, and it
ought to have been taken into consider
alton when we endeavOTed t9 alter the
law, that we were cTeatip~ an anoma-
lous state Of things by leaving the trea-
ties unaltered. But the American gov
eminent must remember that upon its
own PRINCIPLES and in accordance with