National Republican., 1876-06-10
THE ExTRApITIoN QUESTION.

The reply Of Secretary Fish to Lord
Derby's last dispatch relative to the sur
render of Mr. Winslow, the full text of
which will be found upon Our first page
this morning, is a full and complete
vindicstion OF the position which the
Government OF the United States has
consistently and persistently main
tanned from tie beginning Of the con-
troversy. In il Lord Derby is convicted,
by citations Of British precedents, of re-
markable errors in the statement Of his
positions at different stages of the discus
sion, or of most errntic citations of prece-
dents TO sustain his arguments. He has
been most unfortunate in his various
attempts to evaIe the obligations of
the treaty of 1872: or to shift them
upon the set Of 1870. Mr.. Fish
In the most friendly manner points
out these errors and clearly shows
that the American position is the only one
which Can be held ss tenable under the
provisions of the treaty and the practice
which has obtained in both countries
during the last thirty years. His conclu-
sion precludes all hope of modifying the
condition of the Winsiow case by future
negotiations or ITS subsection to the act of
Parliament of 1870. Winslow's case and
the others now under consideration should
be determined by the provisions of the
Ashburton treaty, as the supreme law
governing when they arose.
A telegram from London, dated June 8,
states that the British foreign Office had
published the correspondence in the Wins
low case, from which it appears that Mr..
Hoffman. the United States secretary of
legation, and acting charge daf'dires, in
conversation with Lord Derby. suggested
the settlement OF the difficulty by the
negotiation of an additional article to the
treaty of 1912, and that Lord Derby wrote
Mr.. Hoffman, offering to meet this sug-
gestion, and enclosed draft of an article
providing that persons extrsdited shall only
be tried for the offense for which they
were surrendered, The facts are ascer-
tanned TO be as follows:
Upon May 81, Sir Edward Thornton, the
British Minister, read TO Mr.. Fish tele-
gram from Lord Derby, stating in sub
stance that Mr.. Holman had suggested
that an additional article to the
treaty Of 1912 might be negotiated, and
that Lord Derby t5ereupon proposed the
negotiation OF an article, taken from a
draft of treaty which had been under con-
siGeration between the two Governments
in 1878, but " hich iaied of being cele-
brated by the refusal OF the United States
to assent 10 some Of its terms. This arti-
Gle gave to the United States none of the
benefits provided in other parts of the
proposed treaty, bat limited and restricted
what the United States held to be its rights
under the treaty OF 1912, and in effect
subordinated that treaty TO the operations
and provisions of the British act of Parlia-
ment of 1870, which had been the very
point in controversy in the Winslow case
Practically the additional article proposed
by Lord Derby was to give by treaty the
very stipulation or agreement which has
been asked as Q condition for the surrender
of Winslow, and which had been posi-
lively and repeatedly refused.
Mr.. Fish expressed to Sir Edward
Thornton regret and surprise that Mr..
Hoffman should have made any suggestion
on the question, assuring him that Mr..
Hoffman had no authority whatever from
his Government to make or to entertain
any such proposition, but that he was
strictly limited to the conveyance of spe-
ciic instructions from his Government so
far as relate to any question affecting the
construction of the extradition treaty be-
tween the two Governments, and re.
quested the British Minister to assure
Lord Derby to this effect He assigned
reasons why the proposition of Lord
Derby of an additional article to the treaty
of 1912 could not be entertained, and said
that it would admit away lone of the
grounds on which the United States stands,
and that it would be unwise to attempt to
''patch up the treaty of 1872"
In a word, the proposition was cour-
teousIy. but most positively, repelled the
very moment 1t came 20 the knowledge of
the United States. 1t is presumed that
Lord Derby was informed of this interview
between Sir Edward Thornton and the
Secretary Of State, and of the positive ma
ture of its results. Mr.. Hoffman was i'm
mediately informed by telegram, and sub
sequently by mail, that his conduct in this
respect was unauthorized, regretted and
disapproved.
1t is understood thai the correspondence
as published il London by the British
Foreign Office does not include the reply
under date of Nay q Of Mr.. Fish to Lord
Derby's note of the 18th OF May. A copy
was delivered to Lord Derby some days
since.
THE DEMOCRATIC SIDE.
In the House Of Representatives there are
two sides One is RqurIhIfcan and the other a