No. 150.
Mr. Fish to Mr. Hoffman.
Washington, June 23, 1876.
Sir: Upon an examination of the British correspondence on extradition, North America, No. 1, 1876, forwarded with your No. 107, I was surprised to find, at page 77, (No. 163,) a note from yourself to Lord Derby, dated April 26, informing him of the receipt of a telegram by you from me, containing the words “has right,” which you stated you understood to be an answer to his inquiry whether the district court had power to try Lawrence for offenses other than those mentioned in the warrant of surrender.
A copy of this note has not been transmitted to the Department, as should have been done. With your No. 76, you stated that you forward copies of all important correspondence. Copies of all correspondence upon the question under discussion should have been transmitted. (See printed personal instructions to diplomatic agents abroad, section viii.) This note of April 26 was founded upon an entire misapprehension. Upon April 25 I telegraphed you as follows: “Sixty-two received. Has eight sixty-four been communicated? Is question disposed of?” To which, on April 27th, you sent a reply containing the following: “Was communicated Saturday; no answer yet.”
Upon a careful examination of the text of the dispatch received, as forwarded with your No. 72, the two words are made to read “Has right.” and are followed by a period; at the same time the writing is indistinct, and as you replied to the dispatch by its true reading, I am in doubt how any mistake existed.
As you will therefore see, if any doubt still exists concerning it, the words “has right” were not used by me, and unless you have done so, you will correct the misapprehension existing by informing Lord Derby of your error in reading the telegram.
I am, &c.,