The Earl of Derby to Colonel Hoffman, April 11, 1876
Lord Derby to Colonel Hoffman.
Sir: With reference to previous correspondence respecting the extradition of Ezra D. Winslow, and especially to the letter I had the honor of addressing to you on the 8th ultimo, in which I stated to you, for the information of the United States Government, that Her Majesty’s government would not feel themselves justified in authorizing the surrender of that prisoner until they should have received the assurance of your Government that he should not, until he has been restored or had an opportunity of returning to Her Majesty’s dominions, be detained or tried in the United States for any offense committed prior to his surrender, other than the extradition crimes proved by the facts on which the surrender would be grounded, I have now the honor to call your attention to the inclosed copy of a telegram which appeared in the Daily News, of the 29th ultimo, and which I have ascertained from Her Majesty’s legation at Washington to be substantially correct; and to request that you will be good enough to ascertain from your Government, for the information of Her Majesty’s government, whether the district court at New York has the power to carry out the decision it is reported to have arrived at, viz, that the forger Lawrence, who was surrendered to the United States Government under the 10th article of the treaty of 1842, can be tried for other offenses besides those mentioned in the warrant.
In this country the attorney-general would enter a nolle prosequi, and so put a stop to further proceedings in any prosecution; but Her Majesty’s government are not aware whether the Attorney-General of the United States has similar powers. The reported language of the district court leads them to think that he has not.
If so, it would, in the opinion of Her Majesty’s government, be nugatory to enter into an arrangement such as I had the honor of proposing in my letter to you of the 8th of March, above alluded to; and Her Majesty’s government see no solution of the present difficulty but the passing of an act of Congress which, while recognizing the acknowledged principle of international law, that a fugitive can only be tried for the crime or crimes for which he was surrendered, will enable the Government of the United States to guarantee that the condition, which Her Majesty’s government are compelled to require under section 3, subsection 2, of the act of 1870, will be complied with.
With regard to future difficulties which may possibly arise on the general subject of extradition, Her Majesty’s government can see but one satisfactory solution, namely, the conclusion of a more comprehensive treaty between the two countries, and one more suited to the requirements of the day than the existing arrangement.
I have, therefore, to request that you will express to your Government the hope of Her Majesty’s government that the negotiation of a treaty which will be so beneficial to the interests of the two nations may be renewed as soon as possible.
In conclusion, I have the honor to remind you that, under the provisions of the twelfth section of the extradition act of 1870, a fugitive cannot be detained in custody longer than two months from the date of his committal, unless the Secretary of State can show sufficient cause for further detention; and that, therefore, however much they may regret being unable to comply with the wishes of your Government respecting the surrender of Winslow, they will be unable to detain him in custody beyond that specified time.
I have, &c.,