Wickham Hoffman to Hamilton Fish, May 27, 1876
No. 138. Mr. Hoffman to Mr. Fish.
No. 99.]
Sir: Referring to my telegram of last evening in the matter of Winslow, I have the honor to forward to you herewith a copy of the note of Lord Derby upon which it was based, and which I received late yesterday afternoon.
With regard to the “suggestion made by me in conversation,” it is proper to state that, calling on Lord Tenderden, to ascertain what had taken place in connection with the last remand of Winslow, the conversation turned upon a new treaty and the difficulties in the way of negotiating it, when I observed “that if we should be unable to make a new treaty why should we not amend the old one upon the points upon which we are agreed. We have got along very well under it for thirty years, and with two or three amendments there is no reason why we should not get along under it for many years more.”
I have, &c.,
Every extradition treaty concluded by Great Britain with foreign powers since the passing of the act of 1870 contains an article in accordance with section 3, subsection 2, of the act.
The following are the treaties in question:
Austria, 3d December, 1873; Belgium, 31st July, 1872; Brazil, 13th November, 1872; Denmark, 31st March, 1873; Italy, 5th February, 1873; Germany, 14th May, 1872; Netherlands, 19th June, 1874; Sweden and Norway, 26th June, 1873; Switzerland, 31st March, 1874; Hayti, 7th December, 1874; Honduras, 6th January, 1874.
Draft article in proposed extradition treaty with the United States, agreed to by Mr. Fish
Article III.
When any person shall have been surrendered by either of the high contracting parties to the other, such person shall not, until he has been restored or had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any offense committed in the other country prior to the surrender other than the particular offense on account of which he was surrendered.
No person shall be deemed to have had an opportunity of returning to the country whence he was surrendered until two months, at least, shall have elapsed after he shall have been set at liberty and free to return.
N. B.—The last paragraph of this article was added by Mr. Fish.