Sir Edward Thornton to Mr. Fish. WASHINGTON, May 26, 1876. (Received May 27.) SIR: With reference to my note of the 23d instant, I have the honor to inform you that in that note I incorrectly stated the name of the person into whose charge the prisoners, Walter Moore and Frederick Moore, charged with the murder in Canada, should, if surrendered, be delivered. The name should have been Alphonse Cinq Mars. I have, &c., EDWD. THORNTON. Sir Edward Thornton to Mr. Fish. WASHINGTON, July 13, 1876. (Received July 14.) SIR: From a dispatch which I have received from the governor-general of Canada, it appears that one Charles P. Jones, late of the county of Stark, in the State of Ohio, was, on the 30th ultimo, committed to jail at Hamilton, in the county of Wentworth, Ontario, as a fugitive from the justice of the United States. As the usual application for the surrender of this man under the extradition treaty has not been received by the Canadian government, the Earl of Dufferin has requested me to inform you that at the expiration of two months from the date of his committal to prison, Charles P. Jones will, under the Imperial Statutes, 33 and 34 Vict., cap. 52, be entitled to claim his discharge. I have, &c., EDWD. THORNTON. Mr. Fish to Sir Edward Thornton. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 13th instant, informing me, at the request of the governor-general of Canada, that one Charles P. Jones was committed to jail at Hamilton, Ontario, upon the 30th ultimo, as a fugitive from the justice of the United States, but, as no application for his surrender under the extradition article of the treaty of 1842 had reached the Canadian government, he would be entitled to his discharge at the expiration of two months from his commitment. The governor of the State of Ohio some time since addressed me, requesting an application in the usual form for the delivery of Jones under the treaty, but it was not deemed proper to prefer such application, for the reason stated in my note of the 17th May in reference to the case of Maraine Smith. Since the date of that note the case of Winslow has been disposed of by a refusal to surrender him, and by his discharge from custody. Thereupon, and on the 20th ultimo, the President communicated to Congress the reasons which, in his opinion, made it impossible to prefer further demands for the surrender of fugitive criminals under the tenth article of the treaty of 1842. I have the honer to inclose a copy of this message, which will explain the position which the President has felt constrained to adopt. and the reasons why a request for the surrender of Jones has not been preferred. In bringing these reasons to the knowledge of the governor-general of Canada, I will thank you to express to him my appreciation of his courtesy in the matter. I have, &c., HAMILTON FISH. Sir Edward Thornton to Mr. Fish. WASHINGTON, October 27, 1876. SIR: I have the honor to inform you that I have received instructions from the Earl of Derby to state to you that Her Majesty's government. having regard to the very serious inconvenience and great encourage ment to crime which would arise from the continued suspension of the extradition of criminals between the British dominions and the United States, will be prepared, as a temporary measure, until a new extradition treaty can be concluded, to put in force all powers vested in it for the surrender of accused persons to the Government of the United States under the treaty of 1812, without asking for any engagement as to such persons not being tried in the United States for other than the offenses for which extradition has been demanded. It is, however, to be borne in mind that each government has the right laid down in the eleventh article of the treaty of 1842, which provides that the tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. I have, &c., EDWD. THORNTON. Mr. Fish to Sir Edward Thornton. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 27th instant, wherein you inform me that you have received instrac tions from Lord Derby to state that Her Majesty's government will be prepared, as a temporary measure until a new extradition treaty can be concluded, to put in force all powers vested in it for the surrender of accused persons to the Government of the United States under the treaty of 1842, without asking for any engagement as to such persons not being tried in the United States for other than the offenses for which extradition has been demanded. Your note also calls attention to the provision laid down in the eleventh article of the treaty of 1842, that the tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. I have laid your note before the President, who observes with great satisfaction that Her Majesty's government has decided to use its powers for the surrender of fugitive criminals without asking any stipulations or engagements in the nature of those which, in recent correspondence with reference to the requisition made by the United States in the case of Winslow and others, had compelled him, with extreme regret and reluctance, to reach the conclusion that under the position then taken by the British government, if it be adhered to, it would not be possible for the Government of the United States either to make demands on Her Majesty's government for the surrender of fugitive criminals or to entertain requisitions of that character from Her Majesty's government under the treaty. The President concurs fully with Her Majesty's government in its appreciation of the very serious inconvenience and the great encouragement to crime arising from the failure of the extradition of criminals between two states whose relations of business and of social intercourse are as close and as intimate as those which happily exist between the United States and Her Majesty's dominions, and he greets the decision. of Her Majesty's government, announced in your note, to ask no engagement with regard to the trial of persons surrendered, as the removal of the obstacle which arrested the execution and efficiency of the extradition article of the treaty of 1842. He hopes, therefore, that Her Majesty's government will now take into consideration the applications heretofore made by the United States for the surrender of Winslow and Brent and Gray, with regard to each of whom the evidence of criminality has been duly furnished and heard, and was found sufficient to justify his apprehension and commitment for trial in accordance with the requirements of the treaty. On an indication of readiness to surrender those persons, he will authorize an agent to receive them, and will be ready and glad to respond to any requisi tions which may be made on the part of Her Majesty's government under the tenth article of the treaty of 1842, which he will then regard as in full force until such time as either government shall avail itself of the right to terminate it provided by the eleventh article, or until a more comprehensive arrangement can be reached between the two governments in regard to the extradition of criminals, an object to which he will be glad to give the attention of this Government, with his most earnest desire for a mutually satisfactory result. I have the honor, &c., HAMILTON FISH. Mr. Fish to Mr. Pierrepont. [Telegram.] PIERREPONT, Minister, London: WASHINGTON, November 1, 1876. Thornton, by note, proposes resumption extradition under treaty, without demanding stipulations, as in Winslow's case. Have replied expressing satisfaction with decision to remove obstacle to extradition, with hope that Winslow, Brent, and Gray will now be surrendered, and 1 stating, on receiving indication of readiness so to do, agent will be authorized to receive them, and thereafter we will be ready to grant requisitions. Copy correspondence sent by mail. Make no advances. Watch ques tion. If notified of any step to surrender fugitives, advise me promptly. FISH, Secretary. Mr. Fish to Mr. Pierrepont. [Telegram.] PIERREPONT, Minister, London: WASHINGTON, November 24, 1876. Interview this day with Thornton makes it possible that British gov ernment may surrender Winslow, Brent, and Gray without conditions. If offer be made of all or of either, you will accept, and are authorized to appoint trustworthy person to convey fugitive without delay to United States. Inform me immediately by telegraph in cipher whatever be done in the premises. FISH, Secretary. Sir Edward Thornton to Mr. Fish. BRITISH LEGATION, Washington, November 29, 1876. MY DEAR MR. FISH: I have a telegram telling me that orders have been issued for the arrest of the three criminals, but Lord Derby thinks that this should be kept secret as long as possible, lest they should get notice and escape. Believe me, &c., EDWD. THORNTON. Mr. Pierrepont to Mr. Fish. [Telegram.] LONDON, November 30, 1870. FISH, Secretary, Washington: Home office have ordered arrest of Winslow, Brent, Gray. Winslow not here; disappeared early October. Brent here. Gray expected from Paris. Foreign office prompt, careful; earnest to surrender. Will keep you advised. PIERREPONT. No. 76.] Mr. Pierrepont to Mr. Fish. LEGATION OF THE UNITED STATES, SIR: I have the honor to acquaint you that yesterday, the 29th instant, I received a note from Lord Derby, without date, of which the following is a copy: FOREIGN OFFICE, November, 1876. SIR: I have the honor to inform you that after the communications which have recently passed between Her Majesty's minister at Washington and Mr. Fish, of which reports have been received by telegraph, the secretary of state for the home department has felt warranted in issuing orders for the apprehension of Winslow, Brent, and Gray, whose extradition has been requested by the United States Government. I have to add that it is desirable that this information should be treated, for the present at all events, as confidential. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, The Hon. EDWARDS PIERREPONT, &c. DERBY. The foreign office are active and earnest to revive extradition. Brent arrested; heard; committed. Extradition-warrant will issue after fifteen days. He says will not contest warrant. I shall appoint man to take him. No. 69.] Mr. Fish to Mr. Pierrepont. PIERREPONT. DEPARTMENT OF STATE, SIR: It would appear from your last telegram that Brent had been arrested by some preliminary warrant and committed for extradition, and that the warrant for his extradition would be delayed for the period of fifteen days; and from the statement that he would not contest the warrant, it is supposed that no habeas corpus will be applied for, and that the question which the British government has supposed would arise upon an attempt to surrender a fugitive will not in this case be brought before the court. As to these three cases, I will thank you to furnish me, from time to time, with accurate and careful information as to the particular proceedH. Ex. 15-2 |