No. 117.
Mr. Fish to Mr. Hoffman.
Hoffman, Chargé, London:
Counsel on habeas corpus seems impracticable in present condition of the case. You will present to Lord Derby copy of eight sixty-four, with a note referring to your previous oral communication thereof, and stating that you do so under instructions, in a final hope of still preserving the treaty, and in the further hope that he may see therein sufficient cause to prevent the discharge of Winslow, and to order his surrender under the tenth article of the treaty of eighteen forty-two, in accordance with the requisition of this Government.
You will further state, in substance, that although the United States does not recognize the statute of eighteen seventy as controlling extradition under our treaty, still, as Great Britain claims to be governed thereby, you hope that his lordship will see in the twelfth section authority for his intervention to cause the surrender in accordance with the treaty.