No. 118.
Memorandum of a conversation between
Sir Edward Thornton and Mr. Fish, April 30.
Sir Edward Thornton states that the British Cabinet in regular meeting yesterday, (April 29,) have had under consideration the extradition case of Winslow; and that Lord Derby instructed him to say that he regretted that they had been obliged to adhere to the opinion previously expressed in his notes to the United States chargé, and that Winslow [Page 223] would be discharged on Wednesday next unless the Government of the United States would give assurance that he should not be tried for any offense other than that on which the extradition should be made.
Mr. Fish expressed regret at this decision, and explained to Sir Edward Thornton that the charges against Winslow were for offenses against State laws, and the indictments against him were found in the courts of the State of Massachusetts, not in the Federal courts; and that, without regard to any question of policy, or of right to ask any stipulation or assurance, the President could not restrain the jurisdiction of the courts of any one of the States over offenses against the law of that State, and, therefore, he could not enter into any promise or assurance restricting the power of a State to try a criminal within its jurisdiction for any crime for which he may have been indicted in that State.