The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-09

ment in ISL in the note 10 Sir Edward Thornton
above referred TO- gave to the section
OF the extradon act II appears that when the Court
OF Queens Bench was called to pass upon the very
question the Of BONNER t27 Law Times. NJ s.,
SAY the Attorney General stated that the intention had
been TO make general act which should apply 10 all
cases except where there anything inconsistent
passed on tho Lord Chief ustee the opinion
that Il the intention while getting rid OF the
statutes by which the former treaties carried OUT
Mt the time TO those treaties In their full
tcgrty and force and that the result had been
plished One OF the other justices thought the qucs
lion somewhat doubtful and the third agreed with the
The Solicitor General OF the United States, in his
opinion IN Lawrencos. case gwen In August OF last
year reached the conclusion that the treaty was
not affected by the act cannot readily be believed
that Parliament intended by tho act Of 1870 to claim
the right TO alter treaties IN existence without notice
10 tho other government or 10 impose new conditions
upon foreign governments seeking extradition under
treaties IN existence prior TO that act
Tho United States has declined 10 become subject TO
the British act Of 1870 and with knowledge OF this the
government OF Great Britain has continued constantly
10 ask and obtain extraditions under the treaty Of
1872 and the refusal Of the United States nego
tiato new treaty under the provisions OF That acL
Since the passage OF the act OF 1870 Great Britain has
obtained from this government some thirteen warrants
of cxtradton and has instituted much larger number
OF proceedings to Obtain extradition In no instance
has Great Britain thought II necessary 10 tender
such stipulation AS she now asks from the United
States or TO present her requests for extradion in
any way different from that Ia which they were pre-
sented prior TO 1870 The United States in the
time have instituted numerous proceedings, and at this
upon charges OF forgery, whose exradllon this gov
crnmont seeking in the usual manner provided Dy the
treaty
During this period no intimaton has reached this
government that tho treaty OF 1912 not In full iorce
or that the act OF 1870 coimed 10 limit its opera
ton or 10 impose upon this government tho necessity
either Of changing it's laws OF giving stipuatons not
known TO the provisions OF the treaty. and not hereto
suggested has any representation boon made
10 this by that OF Great Britain on account
OF any proceedings taken In the Of Lawrence,
mentioned 10 The opinion attributed 10 The Home Olice
IN thn Mt InrI nArht IN Sci hnfap
referred TO.
Bui now with three important cases pending in Lon
don at the present time tor extradition In OF
which ut least all the iormaiitics have been com
Piled with, informed substance that
BY tho BRUSH Eome Once ,ha. p oar law as
To trials for other than cxtradition offences WIS
in agreement with the law OF 1870 but finding il TO be
otherwise. confronted with tho requirement
stipulation IN order 10 optnin what Is guaranteed by
the treaty OF lss2 whereby tho United States
ognizc the right OF the British Parliament by statute
change existing cxccu~ry treaties and 10 impose upon
this government conditions rtipuations to which
had not given It's ascent A. relates to tho particular
cAsE 90 rnn gualrisg wISsLow,
there Is not, 50 tar any intention of try
ing him Tor any offences other than those whcn In
dictncnts trans united aud Tor which his surren-
der was demanded but the United states will give no
stipulation OF which the treaty not authorize the
demand.
As the stipulation or condition Il demanded by Great
Britain right, tho right OF the demand must DO
tablishcd.
The President regrets that condition. which, in his
Judgment without my Justification under the treaty,
should have been asked. He regards the question
thus presented OF grave and serious character,
on the final solution OF which must probably depend
the continuance OF the cxradton article Of the treaty
OF ls42 He cannot recognize the right OF any other
Power to change ut It's pleasure ana without the assent
OF the United States, The terms and conditions OF
exccuory agreement in treaty solcmnly rutihed be-
tween the United States and that Power Ho thinks
that the section OF the British Of
1870 specially intended to exempt the treaty with
tho United states from tho application OF any Of
the conditions provisions embodied that act
and To leave that treaty to be construed and the sur
render OF fug;tivcs hereunder DO made been
previously done. Ee hopes that further considera
ton Her Maicstys government will see. the section
referred to, the effect which he supposes 1t de-
signed ~ have.
mcnt colstruc and enforce its statutes; and
should Her Macstys government finally conclude that
the British Parliament has attached new condition to
the compliance by that government OF Its engagement
with the United States under tho tenth article OF the
treaty OF 1872, relating To exraditons, requiring from
the United States spulations not provided for or con-
templatcd in the treaty he will deeply regret the
necessity which Will thereby be imposed upon him.
and does not how he can avoid regarding the re-
fusa by Great Britain TO adhere to tho OF tho
treaty they have been rccprocally understood aud
construed from Its date TO the present time the
action by that government OF condition heretofore
unknown, as the iniraction and termination Of that
provision OF the treaty.
You are authorized TO enter into any stipulation
understanding to the trial Of Winslow. In he
be delivered up to justice His surrender is asked
under and in accordance With the provisions Of tho
tenth article OF the treaty between the United States
and Great Britain oi the 9th OF August. 1912 He is
charged with crime incuaed within the list of crimes
enumerated in the treaty, that crime was committed
within the Jurisdiction vi the United States and he has
sought asylum and been found within the territories
vi Great Britain, and the United States produced
such evidences OF crimnnlity according to the law
Of Great Britain, would justify his apprehension and
commitment Tor trial II the orIme offence had been
committed IN Great Britain.
You will communicate the substance OF this to Lord
Derby, and should he desire II you may read to him.
am, sir, your obcdent servant HAMILTON FISH.