No. 142.
Sir Edward
Thornton to Mr. Fish.
Sir: I have the honor to inform you that I have received instructions from the Earl of Derby to state to you that Her Majesty’s Government, having regard to the very serious inconvenience and great encouragement to crime which would arise from the continued suspension of the extradition of criminals between the British dominions and the United States, will be prepared, as a temporary measure, until a new extradition treaty can be concluded, to put in force all powers vested in it for the surrender of accused persons to the Government of the United States under the treaty of 1842, without asking for any engagement as to such persons not being tried in the United States for other than the offenses for which extradition has been demanded.
It is, however, to be borne in mind that each government has the right laid down in the eleventh article of the treaty of 1842, which provides that the tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer.
I have, &c.,