Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-05-09
EXTRADITION.
Text Of the Dispatch from Secretary Of
State Fish in Relation to the
WiinslOW ExtraditiOn Case.
Our Cover menl Alheres 20 its Treaty
Obligations, and Insists Upon
that Of Great Britain Do
ing Likewise.

WASHINGTON, May S.-The letter Of
the secreta-y Of state in the WiDslow
entraditiOn case, which our charge pof.
fairs &C London was directed to present
TO the attention Of Lord Derby, was
made public this afternoon. 1t reviews
at great length the circumstances con-
nected with the extradition OF Law
/ renee, on which the corre espondeDee in
| WinsloTis matter was based. The con-
| cluding portion OF the letter, which is as
! follows, will suffice to show the position
| taken by our government since the pas
| sage of the act of 1870: Great Britain
| has obtained from this government
| some thirteen wsrrants OF eXtraditioD,
and has Instituted s much larger num-
Der Of prOce ediLgs to obtain eXtr idition.
In no instance has Great Britain thought
10 necessary to tender any such stipuls-
tion ss she now ssks from the Urited
States, or to present her requests for ex-
tradition in any way different from that
which they were presented prior to 1870.
The United States, in The same time,
have instituted numerous proceedings,
and at this moment have three eTim-
inals in London ia custody upon charges
OF forgery, whose extradition this gov
provided by treaty. During this period
no intimslion he's reached this govern
ment that the treaty of1842 was not in
full force, or that the act Of 1870 was
claimed to limit its operation or to i'm
pose upon this government the nece 3sity
OF either changing its laws or Of giving
stpul1,lons not known to theprOvisions
Of the treaty, and not heretofore sug-
gested. Nor mas any representation been
made to this government by that OF
Great Brit1in OH account Cf any pro-
Ceedings taken in the cass Of Lawrence,
mentioned in the opinion attributed 10
the home Office In the note OF Lord Der
by to Genera Schenck. But now, with
three imI )rtant cases pending in Lon
don at the present time for extraditioD,
in one Of which at least all fOrmalities
have .been co nplied with, we are in
formed, in substance, that it had been
supposed up II the present time by the
British home Office that our law as to
trials for O.her than eXtraditiOn Ofsnses
were in agreement with the law of 1870,
but, finding it to be Otherwise, we are
| confronted with the requirement Of q
stipulation to obtain what is guaranteed
by the treaty of 1912, whereby the
| United StatC5 must recognize the right
Of the British parliament, by statute, to
change existing eEecutofy treatie1, and
- impose upon this government condi-
| tiOns and sLipulations t0 which it had
not given its esc9nt. As relates to the
particular cace of the fugitive WinsloW,
| there is not, - far as l am awere, any
intention oftrying him Ior any offenses
| other than those on which indictments
were transmitted, and for which his
| surrender was demanded. The United
States will give no stipulation of which
the treaty does not authorize the de-
m9pd. As the stipulation or condition
is demanded by Great Britain sJ 8 right,
the right Of demand must be established.
The President regrets that a condition
which, in his judgm 9nt, is without any
justification nader the treaty, should
have been asked. He regards the ques-
ton thus presen ted as of 3 grave and Sc
riOus character, on the final solution Of
which must probably depsnd the
continuance oi tie eXtrsdiiiOn ar
ticle OF the treaty Of 1872 BE
cannot recognize the right Ct any other
power to change, at its pleasure and
without the assem- Of the United States,
the terms and conditions Of an existing
agreement in treaty so!emnly ratified
between the United States and that
enth section of the British act OF 1870
was specially intended to exempt the
treaty with the United States from the
application of any new conditions or
provisions embodied in that act, and to
leave that treaty to be construed, and
the surrender Of fugitives hereunder to
be madej as had been previously done.
He hopes taat on q further consideration
her msjesty's government will see, in
the section referred to, the effect which
he supposes it was designed to have, but
| he recognizes that it Is for the British
| government to cOnstIue and enforce its
| own statutes, and should her maiesty's
| government finally conclude thai the
British parliament has attached q new
| condition to the compliance by that
| government with its engagement with
| the United States under the tenth article
ofthe treaty of1S42, touching extraditiOD,
| requiring from the United States stipu-
| latIODs not provided for or cOntemI lated
in the trial, he will deeply regret the
necessity which will thereby be imposed
| upon him, eud does not see how be can
| avoid reg arGipg the refusal by Great
| Britain to adhere to the provisions Of the
treaty as they have been reciprOcally
understood and construed from it's date
! 10 Tue pTeS0UL LlmPy OF 6AdSIlOl Dy I1al
| government Of the condition heretofore
unknown as an infraction and termina.
tion of that provision OF the treaty. You
are not authorized 10 enter into any
| stipulation or understanding 90 to the
trial of Winslow, in case he be delivered
up to justice. His surrender is asked
under and in accordance with the pro
visions O. the tenth article Of the treaty
| between The United States and Great
Britain Of the ninth Of August, 1912. He
| is charged with crime included within
the list of crimes enumerated in the
| treaty. That crime was committed
within the jurisdiction of the United
| States, and he h2J sought an asylum and
been found within the territories OF
| Great Brit ain, and the United States
| has produced such evidence of his GRIM
inalIty pa, according to the laws of Great
| BIitsin, would justify his apprehension
snG commitment for trial, il the crime
| or Offelse had been com mitEed in Great
| Britain. You will communicate the
| substance of this to Lord Derby, and
should he dts'fe it, you may read it to
| hiLl.