In the absence of the Earl of Derby to Colonel Hoffman, May 26, 1876

Lord Derby to Colonel Hoffman.

Sir: With reference to the paragraph in Mr. Fish’s dispatch of the 31st of March, in which he states that “in some few treaties between the United States and foreign countries provisions exist that the criminal shall not he tried for offenses committed prior to extradition other than the extradition crime,” and to the draft article to the same effect contained in the draft treaty lately discussed between the two governments, to which article Mr. Fish had given his assent, I have the honor to request that you will state to your Government, by telegraph, that Her Majesty’s government will be ready at once to meet the suggestion made by you in conversation at the foreign office yesterday, and to sign an additional article to the treaty of 1842, in the words of that draft article, of which a copy is inclosed.

I have to add that this article is identical with the one contained in all the extradition treaties between Great Britain and other countries, mentioned in the accompanying list.

On being informed that the Government of the United States consent to adopt this method of meeting the present difficulty, Her Majesty’s government will be ready to authorize Her Majesty’s minister at Washington, who has full powers, to sign the additional article with Mr. Fish, or I shall be happy to do so with you, if your Government prefer it.

Her Majesty’s government trust that the Government of the United States will see in this proposal a proof of their sincere desire to maintain a treaty of such importance to both countries.

I have the honor, &c.,