No. 163.
Mr. Fish to Sir Edward
Thornton.
Washington, July 18, 1876.
Sir: I have the honor to acknowledge the receipt of your note of the 13th instant, informing me, at the request of the governor-general of Canada, that one Charles P. Jones was committed to jail at Hamilton, Ontario, upon the 30th ultimo, as a fugitive from the justice of the [Page 309] United States, but, as no application for his surrender under the extradition article of the treaty of 1842 had reached the Canadian government, he would be entitled to his discharge at the expiration of two months from his commitment.
The governor of the State of Ohio some time since addressed me, requesting an application in the usual form for the delivery of Jones under the treaty, but it was not deemed proper to prefer such application, for the reason stated in my note of the 17th May in reference to the case of Maraine Smith.
Since the date of that note the case of Winslow has been disposed of by a refusal to surrender him, and by his discharge from custody. Thereupon, and on the 20th ultimo, the President communicated to Congress the reasons which in his opinion made it impossible to prefer further demands for the surrender of fugitive crminals under the 10th article of the treaty of 1842.
I have the honor to inclose a copy of this message* which will explain the position which the President has felt constrained to adopt, and the reasons why a request for the surrender of Jones has not been preferred.
In bringing these reasons to the knowledge of the governor-general of Canada, I will thank you to express to him my appreciation of his courtesy in the matter.
I have, &c.,