Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1876
No. 123.
Mr. Hoffman to Mr. Fish.
London, May 4, 1876. (Received May 15.)
Sir: I have the honor to inclose to you copies of all important correspondence which has passed between the British government and this legation on the subject of the extradition of Winslow, since the 20th ultimo.
* * * * * * *
I have, &c.,
Mr. Hoffman to Lord Derby.
London, April 29, 1876.
My Lord: Referring to my note of the 20th instant, I have the honor to inclose to you herewith, under the instructions of Mr. Fish, a copy of his dispatch of March 31 upon which my note was based.
I beg to assure your lordship that both Mr. Fish and I understand and appreciate the sad circumstances which have prevented your lordship from receiving me, with a view to my reading to you the dispatch of Mr. Fish.
In forwarding this dispatch, I am instructed to say that it is done in the hope of still preserving the treaty, and with the further hope that your lordship will find therein sufficient cause to prevent the discharge of Winslow, and to order his surrender under the 10th article of the treaty of 1842, and in accordance with the requisition of the United States. I am further instructed to say that, while my Government cannot recognize the act of eighteen hundred and seventy as controlling extradition under the treaty, still, as Her Majesty’s government claims to be bound thereby, Mr. Fish hopes that your lordship will see in the 12th section of that act authority for your intervention to cause the surrender of Winslow in accordance with the treaty.
I have, &c.,
The Right Hon. the Earl of Derby, &c., &c., &c.
Lord Derby to Mr. Hoffman.
Sir: With reference to your note of the 20th instant, I have the honor to state to you that the question of the extradition of Winslow and of the other two persons now in custody, on the requisition of the United States Government, has been again considered [Page 225] by Her Majesty’s government, and that they have come to the conclusion that it will not be in their power to surrender the prisoners unless an assurance is given by the United States Government that they will not be tried in the United States for any offense committed prior to their surrender other than the extradition crimes proved by the facts on which the surrender would be granted.
The period allowed by law for the detention of Winslow expires on the 3d of May, and for that of Brent and Gray on the 28th of May and 21st of June respectively, and they cannot be detained after those dates unless good cause can be shown by Her Majesty’s secretary of state for the home department for their further detention.
I shall have the honor of sending a detailed answer to your note in a few days, but I have thought it right to inform you at once of the decision of Her Majesty’s government, in order that you may have time to communicate with your Government before the release of the prisoner Winslow.
I have the honor, &c.,
Mr. Hoffman to Lord Derby.
London, May 1, 1876.
My Lord: Referring to your note of the 11th of April, and to mine of the 20th, I have the honor to request that your lordship will take such steps as shall lead to the detention of the fugitive Winslow in custody until I shall have received your lordship’s answer to my note, and have had time to communicate it to Mr. Fish, and to receive his instructions in reply.
I make this request in the interest of justice, and with the earnest hope that means may be found of settling the question unfortunately in dispute between our two governments, and of thus preserving the treaty, and avoiding the turning of great criminals loose upon society to recommence their career of crime.
I have, &c.,
Lord Tenterden to Mr. Hoffman.
Sir: I have the honor to acknowledge the receipt of your note of this day’s date, requesting that steps may be taken for the detention of the fugitive Winslow in custody for a further period; and I beg leave to state to you, in reply, that I have referred your note to Her Majesty’s secretary of state for the home department.
I have, &c.,
In the absence of the Earl of Derby.
Lord Tenterden to Mr. Hoffman.
Pressing.
Sir: With reference to my letter of yesterday, I have the honor to inclose for your information a copy of a notice, just received from the home office, which has been addressed to that department by Messrs. Wontner & Sons, solicitors, stating that an application will be made to-morrow at twelve o’clock to a judge at chambers for the issue of a writ of habeas corpus in the case of E. D. Winslow.
In forwarding this notice, the secretary of state for the home department has informed me that he will endeavor to show cause why the prisoner should not be set at liberty, but that he is unable to guarantee the result.
I have, &c.,
In the absence of the Earl of Derby.
(Inclosure in 5 in No. 76.)
Queen’s Bench Division.
In the matter of Ezra D. Winslow, a prisoner in the house of detentiou under the extradition warrant of commitment.
We hereby give you notice that we shall to-morrow, at 12 o’clock, apply to a judge at chambers, by counsel, for an order for the discharge of the above-named Ezra Dyer Winslow, or for a writ of habeas corpus directing the governor of the house of detention, Clerkenwell, in the county of Middlesex, to bring up the body of Ezra Dyer Winslow, in order that he may be discharged from custody, he having been in custody under an extradition warrant of committal since 3d March last.
Yours, &c.,
3 Cloak Lane, Canada Street, Solicitors for the said Ezra Dyer Winslow.
Lord Derby to Mr. Hoffman.
Sir: With reference to my letter of yesterday’s date, I have the honor to inform you that an application was made this morning before Baron Pollock by Winslow’s solicitor for his release, but that, on a statement from Her Majesty’s attorney-general that negotiations ou the subject were going on between Her Majesty’s government and the United States Government, the judge remanded the case for ten days.
I have, &c.,
Mr. Hoffman to Lord Derby.
London, May 3, 1876.
My Lord: Referring to our correspondence upon the subject of Winslow, and especially to my note of the 20th instant, I have the honor to call your lordship’s attention to two recent decisions in Canada, which have been sent me by Mr. Fish, with instructions to communicate them to you.
Your lordship will perceive that the conclusions reached by the Canadian courts in both cases appear fully to agree with the position taken by the United States Government in this matter.
I have, &c.,