Wickham Hoffman to Hamilton Fish, April 13, 1876
No. 114. Mr. Hoffman to Mr. Fish.
No. 62.]
Sir: I have the honor to inclose to you a copy of a note which I received this morning from Lord Derby.
His lordship refers to a telegram from New York which appeared in the Daily News of the 29th ultimo, and which he has ascertained from Her Majesty’s legation at Washington to be substantially true, to the effect that the United States district court for the southern district of New York had decided that the forger Lawrence can be tried for other crimes than those mentioned in the warrant, and inquires whether the district court at New York has the power to carry out this decision.
In case that it has such power, Lord Derby thinks that it would be nugatory to enter into such an arrangement as he proposed in his note of the 8th ultimo, and sees no solution of the present difficulty except through an act of Congress.
Lord Derby further requests me to express to you the hope of Her Majesty’s government that the negotiation of a new treaty of extradition, which may be beneficial to the interests of both nations, may be renewed as soon as possible, and in conclusion calls my attention to the twelfth section of the act of 1870, to the effect that a fugitive cannot be detained in custody beyond two months from the date of his committal, unless the Secretary of State can show sufficient cause for further detention, and adds that therefore, however much Her Majesty’s government may regret not being able to comply with the wishes of the Government of the United States, they will be unable to detain him in custody beyond that specified time.
The two months expire on the 2d proximo.
I have, &c.,
[Daily News, March 29.]
The United States district court of New York has decided that the forger Lawrence, who was brought from England under the extradition treaty, can be tried for other offenses besides those mentioned in the warrant. The court cannot regard the order of the President to the contrary, or take notice of any agreement between the English and American governments to that effect.