The Portland daily press., 1876-05-19
WASHINGTON.
Earl Derby's Reply TO Secretary Fish's
Note,

Earl Derby's Reply TO Secretary Fish's
Note.
WASHINGTON, May 1S.-Secretary Fish veg.
terday received Earl Derbys reply to his pro-
test to Great Britain against the violation of
the extradltion treaty.
1t does not yield to the position taken by Mr.
Fish in the slightest and the ground is assumed
by the British foreign office, that the act of
1870 has necessarily to do with the case in dis
pute, SO far as the provisions of the treaty re.
late to the extradition of Winsow. With or
without the act of 1870 the same objection
would apply to the surrender of person not
duly declared extraditable by the magisterial
dixit of an English court having jurisdiction
OF extraditable offenses. The same process of
law as observed now, was followed in extradi.-
ing fugitives before the law Of 1870 went upon
the British statue books, and there is no
reason for varying from what was the custom
then.
In pursuance of this line of argument, it is
urged that this must evidently be the case be-
cause heretofore no such exceptions have been
taken as are now insisted upon by Mr. Fish,
whose objection now is regarded as a mere
technically. More especial emphasis is laid
upon the provisions of the treaty in regard to
the extradltion OF persons charged with politi-
cal crimes, as to which, aud its provisions Mr.
Fish makes much ado, but it is argued if the
persons whose crime and offence NAV be DO.
htical, only, are to be extradicted, who is Judge
whether the crime is political or not? When
Great Britain is to deliver up prisoner, shall
1t not in such case be Great Britain, and shall
it not be through magistrates and critical ex-
animation of the law?
But Mr.. Fish seems to question if not deny
the right of magisterial interference and iudg-
ment and claims that as the Secretary of the
state ne Iaust decide. This position taken by
Mr.. Fish in this respect is regarded as untepa-
BILE If not absurd. Such an attempt to construe
Inc treaty would lose not only the men but
also the treaty.
Emphasis is laid ON a similar misstep when
Mr. Cass was Secretary of State, after treaty
had been negotiated. Cass objected to its su b.
mission to Parliament and thus lost the who lie
treaty.
1t is further maintained that Great Britain
IN her disposition to serve the ends of law and
lustice, was disposed to extend the Limitation
OF the class of cases to be comprehended in the
treaty stipulations with this country so as to
take in all crimes, while the Interpretation of
American officials has inclined them to circum-
scribe them byu technical analysis and dissec-
ton. The attitude of the United States gov
eminent and its recent treatment of the extra
dition provisions are not regarded as fair or
equitable TO England, nor within the purview
OF either an exact or literal meaning and inter.
probation OF the treaty and its provisions.
The Blaine Investigation.
The sub Judiciary committee has postponed
1urtner examination OF witnesses on the charge
anecting ex-Speaker Blaine till tomorrow when
he expects to be present He is now confined
with malarial fever.
Speaker Kerr.
Private information from Stauntou, Va, is
to the effect that Speaker Kerr is better.
Various Matters.
The committee on appropr atoms had a con-
ference withfhe experimenting architect to.
day, on the subject of public buildings through
out the country and the amount of money nee
essary to appropriate for them.
The President sent the following nominations
to the Senate to-day: Moses M. Bane, Secre-
tary OF Utah, and John Pratt Secretary of
New Mexico.