The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-31

OF the true meaning of the treaty Of s42 TO the law
eneer OF the government who lthe Attorney General
eng unable To act because he had been of counsel for
iawrence was, by statute, the Solicitor General, and
he was OF opinion that the President could try Lawrence
on any or all OF the indictments having first tried the
bahdlug charge. On this opinion the President d.
reeed the District Attorney first bring him 10 trial
on the extraditon crime" and then report for
iurtber Instructions This direction the District Attor
hey ooeyed. and Lawrence pleaded guilty.
30 DIPLOMATIC MOTIFS RESPECTING LAWRENCE
IL does not appear that in the matter of Lawrence,
! mere was any diplomatic correspondence between Mr.
fish ana Lord Derby. The Home Office IN London
(Which has charge OF extraduonl and the Department
81 justice IN Washington (Which instructs district
attorney alone dealt with the subject except the APP
| plicallon TO and order by the President, already
described, which was purely domestic aipir Law
renee had powerful and efficient friends in London
ne had as counsel such eminent barrsers as Mr. D. i.
benjamin and Mr.. Edward Clarke, the author OF the
excellent treatise exradition In this country he
had, among others. Mr. Stoughton. Mr.. Pierrepont,
General Tracy and General Butler OF all these eminent
lawyers on both sides OF the ocean Lawrence was
most inventive client issuing his suggestions from
ms cell IN Ludlow street In his defence he Ter
tile as IN the execution OF the colossal frauds Starting
from point thai ne had been extradited for forging
one bond and affidavit and that he could not be tried
Tor forging other bond or affidavit his counsel in
London first applied to the Home once to know whether
The United States had not received him unaer a
pledge to try HIM for nothing else Al first the reply
was evasivc, but in due time, as the correspondence
shows, Mr. Cross declared that did receive him I'M
der the British law of 1870, and that therein was an
| implied pledge Lawrence had in The meantime, IN
structed his counsel IN London TO threaten the secre-
iary OF the Home ONCE with suit for false imprison-
ment While this was going on in. London The De-
]
not hre from me batteries oil ms coun-
] sci in New York. and all the rrespordencc
/ quickly found its way into the public press SIR Ed
ward Thornton not instructed TO open the matter
with Mr.. Fish, but, appears from tho official docu
men.s, to watch the and diligently report to
London. The counsel OF Lawrence were in constant
conference and co operation with the British Minister
at Washington, and TO him was communicated the
opinion OF he Solicitor General and the Presidents IN
siruction, which he forwarded TO London. appears
by The following sentences IN note from The Foreign
to the Home Onlco:-
by he Ea lof ner IN
the Information Of Mr. Cross qrthe, despatch which was
Wsshngto from which appears that United
o@sy eSs y h% rs ,G the Limited states District
renee to be proceeded with on the charge forgery Tor
acquitted OF that charge the District Attorney is
Derby would suggest for Mr. Cross consideration whether
would not be advisable that representation the
postponed until after the trial OF Lawrence the
tradition crime for which he surrendered and that
ngiy lis Iord,hnis reasons for his are tSar
the event OF Lawrence beng convicted of this crime
no. being INDICTED for any otoer offence no representation
ta. in the event Of his being aequea of the cNtradtion
for making to the United States
ment would be more lifting than at present In the
with full knowledge of the which the United
be better position protest necessary than they
are at present As si appears whether Lawrence
Tor which he was surrendered
Lord Granville in commenting this in the
House OF Lords, comments its prudence and wisdom,
and adds that If It's ADVICE had been followed the end
would have been different but the Home Ollce would
insist on protest against the opinion OF the Solicitor
General, which was domestic affair OF Internal
sIraton, and even Protest by telegraph, with the
reasons by post Lawrence British born subject
denying repatriation, appealed TO the Home Office as
Brnon; but TO the President of the United States he
was an American by Naturalization and a change OF
name from Lazarus TO Lawrence, under authority OF
the State of New YORK
RESPECTING LAwRENcE9
At the end OF TINS sketch OF the prominent incidents
in this now celebrated case OF Lawrence 1t may be
asked in what, if IN anything, the government at
Nus mott ar fs
When the fraud discovered the District
Attorney was bound TO Law 1t before the
Grand Jury, and when that body found anu brought
INTO court indictments against Lawrence Tor forgery
he was also bound 10 request his extradton The
Grand Jury bad no reason TO in It's inquiries or
fail TO present the whole fraud the in subse-
quent indictments. II Mr.. Mullens in London,
aithless to his retainer and his instructions
nved at the extradition ''bend and aiidavit'
instead oil dozen, aud that fact was unknown Gen
eral Schenck or Ihe District Attorney ill Lawrence
covered 1t IN New York, that was most unfortunate If
Lawrence appealed to the President to enjon the DIS
irict Attorney On point of treaty Interpretation he
bound TO take the opinion OF the law officer Con-
gress provides All tins thus purely domestic
matter, IN which England had no right, up that
point to intervene, Lord Granville clearly explained
and as Lord Derby advised the Home Office
THE wISsLow CASE.
While these things going Lawrence
halt dozen more orgers, murderers and lelons
had fed from Justice and found asylum Eng
land Among them was wnsow who was also CHARGED ]
with forging something or other but what do not
know. He was arrested, his primo tdce guilt es,ab-
Derby informed the American Legation in London that
he would not be surrendered unless the legation agreed
that the accused should not be detained the
United States 'ior any offence committed prior his
surrender other than the exraaiion crime proved by
the facts on which the surrender is grounded
until he has been restored or had oppor-
tunIty of returning to British soil This agreement
arrangement, Mr. Fish informed the legation ii was
not authorized 10 make, and this demand and reply
were the occasion OF the rupture OF the extraction
clause OF tho treaty of 1872 Without discussing the
Interpretation of that treaty original ques-
ton, the influence oil the British law OF 1870
the practice OF both governments under 1t, all OF
which Earl Granville agrees with the American
tention II seems to me 1t would nave been enough If
the President had replied mon PoSSumus.' And he
really had lawful power under the treaty OF 1912
make such pledge. Winslow had violated Massa-
chusetts and not federal law. If charged and extra
dited Tor forging certificate OF shares IN the Boston
Post newspaper and acquitted OF that, how could The
President pledge himself that Massachusetts would not
try Winslow for forging trust deeds or promssory
notes. The President might refuse to surrender HIM
10 the Governor OF Massachusetts till ne such a
pledge bat had the latter the legal authority bind
the grand iures and prosecuting officers of the Com
I monwealthY And what security England or for
English social or political lie demanded that Winslow
If acquitted in Boston Of the ''crne proved by the
facts Cd which his surrender grounded by her
which assume to be forging certificates of shares
ewspaper-should not be put TO trial for forging
conycyauces OF real estate bank cheeks England
demanded that before Massachusetts try HIM Tor
these last named iorgcries she restore him to British
dominion, give him ''an opportunity to restore
himself. How could Massachusetts redeliver himY If
set free and rearrosed Tor such iorcbc restora
ton writ OF habeas corpus IN the existing condition
OF Massachusetts law must result IN his release
lie would, OF course, refuse To 70 voluntarily
To British soil Tor resurrcndcr And what
ian opportunity under thn British law OF 1870 Mas.
sachusetts cannot convey hun TO the Canadian frontier
after the OF European continental nations and
"an opportunity" tor him to go there in way
Is opportunity to escape forever, after the fash
ion Tweed. Whether n treaty might made
with Eng and which would give to the President the
needed power resurrcnder oven from state jurisdc-
ton do not consider. 1t is enough to say that
there IS now such treaty, aud is law Mas
Sachusets, and there executive prerogatyc
rights IN Washington which authorize enable the
President to make execute the pledge which Lord
Derby demanded
A
But whatever view may be taken OF the capacities of
the cXraditOn section OF the treaty OF 1912 Is thing
OF the past and OF history, Ike It's predecessor of
1874 and now. with all the deadv God cleared away,
the duty OF these English speaking
tons, which uphold The principles of pdi-
vidus civil ana religious liberty; which lnd CON-