The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-05-09
WASHINGTON.
secretary Fish on the, ExtradI.

tue EeCEetaEy Vi GtAIe III LIl6 N1uhlOW
extradition case, which our Charge dc
Affairs at London was directed to present
to the attention OF Lord Derby, was
Imade public this afternoon. II reviews
at great length the circumstances connect.
cd with the extradition Of Lawrence, on
which case the correspondence in the
I Winslow case was based. The concluding
portion OF the letter, which is as follows,
will suffice 10 show the position
taken by our government Since the
passage OF the act OF 1870, Great Brit
tain has obtained from this government
some thirteen warrants of extradition,
and has instituted much larger number
| Of proceedings to obtain extradition. In
no instance has Great Britain thought it
necessary to tender any such stipu-
lation as she now askes = from
the United States, or to present
her requests for extradition In any way
different from that in which they were
presented prior TO 1870. The United
States in the same time have instituted
numerous proceedings, and, at this mo-
ment, have three criminals in London in
custody upon charges Of forgery, whose
extradition this government is seeking
in the usual manner provided by treaty.
During this period. no elimination has
reached this government that the treaty
of 1874 was not in full force, or
that the, act, Of, 1870 was claimed to
limit its operations, or to impose upon
this Government the necessity either OF
changing its law or Of giving stipulations
not known TO the provisions OF the treaty
and not heretofore suggested. Nor has
any representation been made To this
Government by that Of Great Britain on
account Of any proceedings taken in the
case Of Lawrence, mentioned in the opin-
| ion attributed to the Home Office,
| in the note Of Lord Derby to Gen.
eraI schenck, but now, with three
important cases impending in London at
present for extradition, in one Of which
at least, all the formalities have been com.
piled with, are informed in substance that
It had been supposed up to the present
time by the British home office that our
law us to trials for other than extradition
offences was in agreement with the law
OF 1870. But finding it TO be otherwise,
we are confronted with the requirement
OF stipulation in order TO obtain
what is guaranteed by the Treaty OF
1912, whereby the United States must
recognize the right of the British Parlia.
ment by statute, to change existing treat
les and to impose on this Government
conditions and stipulations to which it
had not given its assent. As relates to
the particular case Of the fugitive
Winslow, there is not, so far as
I am aware, any intention OF
trying him for any ofenses 9TH
er than those on which the in
dictmeuts were transmitted and Tor
which his surrender was demanded.
The United States will give no stipula-
ton, the demand Of which the reaty does
not authorize. AS the stipulation or
condition is demanded by Great Britain
us right, the right OF the demand must
be established. The President regrets
that a condition which, in his judgment,
is without any justification under the
treaty should have been asked. He re:
CARDS the question thus presented as OF
grave and serious character, on the
final solution Of which must probably
depend the continuance OF the extra
dition article contained in the treaty
OF 1912. He cannot recognize the right
OF any other power TO change at its pleas;
ure and without the assent OF the United
States, the terms and conditions OF an ex-
listing agreement in n treaty solemnly
ratified between the United States and
that power. He thinks that the 9th sec
ton OF the British act OF 1870, was cs-
pecially intended to exempt the treaty
with the United States from, the applica-
ton OF any OF the new conditions or pro-
visions embodied in that. act and to leave
that treaty to be construed and the sur
render OF fugitives Hereunder to be
made as had been previously done. He
hopes that on further consideration, Her
Majesty's Government will see in
the section referred to, the Ell.
feet which he supposes it was
designed TO have, but he recognizes
that it is for the British government to
construe and enforce itG own statutes.
And should her Majesty's government
finally conclude that the British Parlia-
ment has attached new conditions TO the
compliance by that government with its
engagement with the United States under
the 10th article Of the treaty Of 1s42, re-
lating TO extradition, requiring from the
United States stipulations not provided
for or contemplated in the treaty, he will
deeply regret the necessity which will
thereby be imposed upon him, and
which he does not see how he can
avoid, of regarding refusal by Great
Dritiau to adhere TO the provisions
OF the treaty as they have been recipro-
cally understood and construed from its
date to the present time, as an exactioa
bv that government Of condition hereto
fore unEnown,an as an infraction and ter.
minatiOn OF that provision OF the treaty.
You are not authorized TO enter into any
stipulation. or understanding as to the
trial Of Winslow in case he be delivered
up TO justice. His surrender is asked un-
der and in accordance with the provisions
OF the 10th article Of the treaty between
the United States and Great Britain
OF the 9th OF August, 1912. He is charged
with crime included 10 the list Of crimes
enumerated in the treaty. That crime
was committed wiIhin the jurisdiction Of
the United States, and he has sought an
asylum and been found within the terri.
tories Of Great Britain. The United
States produced such evidence Of his
criminality rs, according TO the laws OF
Great Britain, would justify his appre-
hension and commitment for trial had the
crime or offence been committed in Great
Britain.
You will communicate the substance Of
this to Lord Derby, and should he desire
it, you may read it to him. .5th
CIVIL SERVICE INVESTIGATION. I'D
Miss Ada G. Sweet, Pension Agent at
Chicago, testified before the Committee on
Civil Service this morning, in relation
to the charge Of paying money for her po:
sition as pension agent, She testified
that she was an applicant for the posi-.
ton and in consideration ofreceiving the
appointment agreed to pay David Blake.
ley, Pension Agent, $2,10O and was di-
rected by him TO pay the money over TO
tB. II. Campbell, then, Us now, United
States Marshal for that district. When
she had paid The S2,lO0 she notified
Blakeley and Campbell that she had per-