Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-06-21
A Message from the President to
Congress.
He Regards the Extradition
Treaty as Broken.

Washington. june 20. The President this af-
ternOon sent the following message 10 the Senate
and House of Representatives:
by the 10Th article of the treaty between the
United States and Great Britain signed in Wash
lngton on the oh day of August, lSf2, Il was
agreed that the two govern nj, souh ui,Gu
mutual acquisitions respectively made, deliver up
to justice all persons, who being charged with ceI
tain crimes therein enumerated, committed within
the jurisdiction of either, should should seek an
asylum or be found within the territories of the
other. The only condition or limitation contained
IN the treaty to the reciprocal obligation thus to
deliver up the fugitives that it should be done
only upon such evidence of criminality accord
ing to the laws of the place where the fugitive or
person so charged shonld be found, would Justify
his apprehension and commitment for trial, if the
crime offence had there been committed. la
the month of February last a requisltlon was duly
made IN pursuance of the provisions of the treaty
by this government upon Great Britain for the sur
render OF one Ezra ID. Winsow, charged with ex-
tenslve torgerles, and the utterance of forged pa
per, committed within the jurisdiction of the [ nit
ed States, who had sought an asylum and
found within the territory of Her Brttanic Maics
ty, and was apprehended in London. The evil
dence of the crlminallty of the fugitive was duly
furnished and heard, and being found sufficient to
justify his apprehension and commitment for trial
If the crimes had been committed in Great Britain.
he was held and committed for extradition.
Her MaJesty's government, however, did not de-
liver up the fugitive in accordance with the terms
OF the treaty, notwithstanding every requirement
thereof had been made on the part of the United
States, but instead of surrendering the fugitive,
demanded certain assurances or stipulatlons not
mentioned in the treaty, but foreign to its pro-
visions, rs a condition Of the performance by
Great Britain of her obligation under the treaty.
In recent communication to the House OF rep
resentatives, and in answer to a call from that
body Tor information this case, l submitted
the correspondence which has passed between the
two governments with reference thereto. Ii will
be found in Executive Documents No. l113, of the
House OF Representatives of the present session:
and respectfully refer thereto for more detailed
Information bearing on the question.
IL appears from the correspondence that the
British government bases its refusal to surrender
the fugitive, and its demand for stipulations
assurances from this government, on the require
ment OF purely domestic enactment of the Bril-
ish pariame Mt passed in the year 1870. This act
was brought to the notice of this government
shortly alter It's enactment, and Her Majesty )
government was advised that the United States
understood it as giving continued effect to the ex-
sting arrangement under the treaty Of 1872 for
the extraditlon Of criminals, and with this knowl-
edge on It's part and without dissent from the de-
clared views Of the United States as to the I'M
changed nature of the reciprocal rights and obll-
cations OF the two powers under the treaty. Great
Britain has continued to take requisition and to
grant sulrenders in numerous instances without
suggestion that ii was contemplated to depart
from the practice under the treaty which has OBJ
tanned for more than 30 years, until now for the
first time in this case of Winsow.
1t Is assumed that under this act of Parliament
Her Majesty may require stipulation or agree
ment, not provided for in the treaty, as a condi-
ton to the observance by her government of its
treaty obligations toward this country. TniS l
have felt 1t my duty to repel.
In addition to the case Of Winslow, requisition
was also made by this government on that of
Great Britain for the surrender of Charles }.
Brent, also charged with forgery committed IN the
[. 5. and found in Great Britain. The evidence
of criminalty was duly heard AID the fugitive
to that demanded in Winslow's case was also ask
ed in Brent's, and was likewise refused. 1t is
with extreme regret that am now called upon to
answer to you that Her Majesty government has
finally released both of those fugitives, Winslow
and Brent, aad set them at liberty, thus emitting
to comply with the provisions and requirements of
treaty under which the extradition of fugitive
criminals is made between the two governments.
The position thus taken by the British government
if adhered to cannot but be regarded as the abro-
CATION and annulment of the article of the treaty
on eXtraditon. nder these circumstances 1t Will
not in my judgment comport with the dignity or
self ies pect OF this government to make demands
upon that government for the surrender OF fugi-
tive criminals nor to entertain any requistion OF
that character from that government under the
treaty which has been thus far beneficial in its
practical operation, which has worked so well and
so efficiently and which, notwithstanding the eX
citing and at tin es violent political disturbances
of which both countries have been the scene dur
ing its existence, has given rise to no complaint
the part of either government against either Its
spirit or provisions, should be abruptly terminated
1t has tended to the protection of society and to
the general interests of both countries. Its vio
laton annument would be retrograde step in
international intercourse.
l have been anxious, and have made the effort to
enlarge its scope and to make new treaty which
would be still efficient agent for the punishment
and prevention of crime. AT the same time have
fllt it my duty to decline to entertain PROPOSE
ton made by Great Britain pending its refusal to
execute the existing treaty TO amend It by practi-
caly conceding by treaty the identical conditions
which that government demands under its act of
parliament. In addition to the impossblty OF the
United States entering upon negotiations under
the menace of intended violation or refusal to
execute the terms of an existing treaty. deemed
it inadvisabe to treat ouly of the one amendment
by Great Britain, while the United States
desires an enlargement of the list of crimes for
which extradition may be asked, and other i'm
which experience mas shown might be
embodied in new treaty. 1t is for the wisdom of
Congress to determine whether the article of the
treaty relating to eXtradtloD is to be any longer
regarded as obligatory on the government of the
L nited States, as forming part of the supreme
law of the land Should the attitade of the Brit
i,h government remain unchanged, shall not
without an expression of the wish o Congress that
| should do So take any action either in making
Or granting acquisitions for the surrender OF fugi-
tive criminals under the treaty of 1872.
Respectfully submitted,
(Signed) U. S. GRANT.
The message having been received in the
House was referred to the committee on foreign