Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-05-09

United States at the same time. have
instituted number OF proceedings
and vt this momenI have three cfimi-
nails in London i'll custody upon
charges Of forgery, whose eStradition
this government u seekin9 in the
usual manner provided by treaty.
During this period-no intimation has
reached this government that the
trcaty Of 1S42 Vas not in full force or
that the act of 1870 was claimed to
limit its operation or TO impose upon
this gotefnment the necessi,ys either
Of changi1g its lsvssor al giving stip-
ulations not known 10 the provisio ms
of the treaty and not heretofore sug-
gcs,ed nor has any representation
been made 70 this government by
Great Britain on account Of any pro-
ceedings taken in the case Of Law-
renee mentioned in the opinion sttri-
buted to the home ofice in the note
of Lord Derby to Gen. Schenck, but
now witt, three important cases pend
ing in London u represent time for
extraditlon, in one of which at least, !,
all formalities have been complied
with we are informed in substance
that it bSd been supposed up to the
present ume BY the British govern
mcnt in effect that our law as trials
for other than extradition offenses was
in Agreement with the Law of 1870,
bu, hnding tito be otherwise we are
confronted with the requirements OF
the stipulations in order TO obtain
what is guaranteed tby the treaty of
1912, whereby the United States.
mast recognize the righ. or the British
parliament by statute to change e1-
lsting treaty and to impose upon this
government conditions aud stjpula-
tions to which it had not given its
assent.
As far as it relates to the particular
case Of Winslow, there is not, 30 far
AS am aware, any intention OF trying
him for any offense other than those
on which thcsindictments we're trans
mittcd and for which his surtender
swss demanded. The. United States
viii give 20 stipulation Of which trea.
~ does not aathorise : demand as :
stipulation ar condition 10 demanded
by Great Britain as right. The
right Of the demand must be estab-
lished. The president regrets tha, =
eaaaAion which in his judgment is
without justification under The treaty
should have been asked. He regards
the question thus presented 'as Of .
grave aid serious character, on final
solutlon Of which must partially de-
pend on the continuance Of the ex-.
tradition article Of the treaty of1S42.
He ean0ot recognize the right Of any
other power to change At its pleasure
and without the assent of the United
State
Tue terms and conditions OF an exis.
ting agreement in a tresty solemnly
made between the United States and
tha, power, he think. that the 9th
section of the British act OF 1870 was
specially intended 10 exempt the
treaty with the United States from the
application of any Of lthe new condi.
,ions or provisions embodied in that.
act, and 70 leave that treaty to be
construed, and the surrender oiforfeit.
ures hereunder to be made as had
been previously done.
He hopes that on further consid.
eration her majesty viii see in the
section referred 10 the effect which
he supposes it was desigq ID to have,
but he recognizes that is for the
British government TO construc and
enforce-its own statutes, aud should
her majesty finally conclude that the
British parliament has attached new
condition to the compliance by that
government of its engagement with
the United States under the 10th ar.
ticle of the treaty Of l842, relating to
e1tradition, requiring from the U. S.
stipulAtions not provided for or stated
in the treaty, he will deeply regret.
the necessity which will thereby be
imposed upon him and does not see
how be can avoid regarding the re-
fusal BY Great Britain. to adhere to
the provisions of the treaty, As they
have been reciprocaliy understood
and construed from its date to the
present time, or the exsction BY that
government of conditions heretofore
unknown ~ an infraotion and fermina-
sion Of that provision OF the treaty,
you are not authorized to enter into
any stipulation or understanding ss to
the trial of Winslow in case he be
delivered up to Justice His sufren-
der is asked und and in accordance
with ;helprovisions of.brz-ii ifttte- Al arti-
Gle of the ,resty between the U. s.
and Great Britain of the 8th of Au-
gust, l842.
He is charged with crime includ-
/ ed within the list Of crimes ennmera-
! tod fhAt IT,.