British and Foreign State Papers

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, &c., Sir E. Thornton.

HAMILTON FISH.

MY LORD,

Sir E. Thornton to the Earl of Derby.—(Received November 26.) Washington, November 13, 1876. WITH reference to my despatch of the 2nd instant, in which I had the honour to transmit to your Lordship a copy of Mr. Fish's note of the 30th ultimo, I now inclose copy of the note which I addressed to him on the 27th ultimo, and to which his note was an

answer.

Your Lordship will perceive that in my note I proposed the arrangement for the extradition of criminals "as a temporary measure," and that in Mr. Fish's answer he repeated my words; and at the end of his note of the 30th ultimo he further showed that he fully understood the measure to be a temporary one, by saying that the President would regard Article X of the Treaty as in full force until such time as either Government shall avail itself of the right to terminate it, provided by Article XI, or until a more comprehensive arrangement can be reached between the two Governments in regard to the extradition of criminals. I do not think that anything which I could say to him would make him more fully understand that the arrangement now proposed was intended to be a temporary one. Indeed, I am convinced that the United States' Government, and Mr. Fish particularly, are very desirous of negotiating a new Treaty upon the subject without delay, so that it may be transmitted to the Senate and confirmed by that body before the 4th of March next. I have, &c.,

The Earl of Derby.

SIR,

EDWD. THORNTON.

(Inclosure.)-Sir E. Thornton to Mr. Fish.

Washington, October 27, 1876.

I HAVE the honour 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 encouragement 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 1842, without asking for any engagement as to such persons not being

tried in the United States for other than the offence for which extradition has been demanded.

It is, however, to be borne in mind that each Government has the right laid down in Article XI of the Treaty of 1842, which provides that Article X shall continue in force until one or other of the parties shall signify its wish to terminate it, and no longer. I have, &c.,

Hamilton Fish, Esq.

EDWD. THORNTON.

SIR,

The Earl of Derby to Sir E. Thornton.

Foreign Office, November 23, 1876. HER Majesty's Government will be satisfied if you can reply by telegraph that you have taken such steps as to enable you to place on record in a despatch that you have informed Mr. Fish that in entering into the temporary arrangement with regard to extradition, Her Majesty's Government must not be understood to recede from the interpretation which, in their previous correspondence, they have put upon the Treaty; but that, having regard to the prospect a new Treaty and the power of denunciation of Article X of the old Treaty possessed by either party, they are willing to enter into this arrangement.

Sir E. Thornton.

I am, &c.,

DERBY.

Sir E. Thornton to the Earl of Derby.-(Received December 6.) MY LORD, Washington, November 24, 1876.

I HAVE the honour to inform your Lordship that I have this morning stated to Mr. Fish that, in entering into the temporary arrangement with regard to extradition which, in accordance with your Lordship's instructions, I proposed in my note to him of the 27th ultimo, Her Majesty's Government must not be understood to recede from the interpretation which, in their previous correspondence, they have put upon the Treaty ; but that, having regard to the prospect of a new Treaty, and the power of denouncing Article X of the old Treaty possessed by either party, they are willing to enter into this arrangement.

Mr. Fish replied that they too adhere to the construction which, in the correspondence, they put upon the Treaty; and, while he regretted that he was not able to persuade Her Majesty's Government to adopt their views of its construction, he was glad to know that, earnestly as each presented its views, the manner of presentation had created no irritation, and had left no cause on either side of complaint.

Hitherto, neither Government had availed itself of the right

to which your Lordship had referred, reserved by Article XI, to terminate the extradition provision of the Treaty, which either party might have done, or may at any time do, on notice with or without giving a reason for it.

The President, he said, had felt that, whilst Great Britain refused to surrender the persons who gave rise to the correspondence, he could not make demands nor entertain requisitions under the Treaty.

The surrender of those persons, which Great Britain now expresses its willingness to make, will, however, remove all obstructions to its execution, and will reinvigorate the Treaty, leaving differences of opinion as to its proper construction to be entertained as either Government may construe its obligations, and leaving either party at liberty to terminate it at pleasure in accordance with Article XI. He added, however, that any differences of construction which might exist, might be speedily placed among the things of the past by the celebration of a more comprehensive arrangement, the negotiation of which the United States are ready to enter upon, as soon as the Extradition Article of the Treaty of 1842 shall again be put into practical operation. I have, &c., The Earl of Derby.

SIR,

EDWD. THORNTON.

The Earl of Derby to Mr. Pierrepont.

Foreign Office, November 29, 1876. I HAVE the honour 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, &c.,

E. Pierrepont, Esq.

DERBY.

Sir E. Thornton to the Earl of Derby.-(Received December 25.) (Extract.) Washington, December 14, 1876.

MR. FISH invited me to call upon him yesterday at the State Department, and in doing so he expressed his opinion that there were some matters which we might talk about unofficially, with a view to a subsequent official agreement.

On my going there Mr. Fish said that, as the forger Brent had

been committed for extradition on the 4th instant, he did not doubt that he would be surrendered on the 19th instant. In that case the Government of the United States would consider Article X of the Treaty of 1842 as again in force, and would make and receive requisitions for the surrender of fugitive criminals. It would likewise be ready then to enter at once upon the negotiation of a new Extradition Treaty.

The Earl of Derby.

EDWD. THORNTON.

Mr. Pierrepont to the Earl of Derby.-(Received December 27.) Legation of the United States,

MY LORD,

London, December 25, 1876. I HAVE the honour to acquaint you that I am advised by my Government that Charles Innis Brent having been surrendered by the Government of Great Britain to the United States under Article X of the Treaty of 1842, the President of the United States will now be ready to respond to and make requisitions under the said Article X of the Treaty aforesaid, as heretofore, subject to the provisions of Article XI of the said Treaty. I have, &c.,

The Earl of Derby.

EDWARDS PIERREPONT.

RETURN of Cases of Extradition of Prisoners under the Treaty between Great Britain and the United States of
August 9, 1842.*-August, 1876.†

RETURN of all Cases of Extradition of Prisoners which have occurred under Treaty between Great Britain and the United
States, showing in the case of Prisoners surrendered to Great Britain, the charges on which the Prisoner was demanded,
and those on which he was tried: and also stating in each case whether any special stipulation beyond those contained in
the Treaty was required or conceded by the Government of either country as a condition of the surrender."

Pollock, Andrew

Kent, John..

Clinton, J. C.

Applications from United States to England for the Extradition of Criminals from 1842.