No. 151.
Mr. Pierrepont to Mr. Fish.
London, December 7, 1876. (Received December 26.)
Sir: The extradition of persons charged with crime can now be carried on, under the treaty of 1842 between Great Britain and the United States, as promptly and as easily as before the interruption. Warrants are out for the arrest of Winslow and Gray, and Brent has already been arrested, heard, and committed to await the fifteen days which the law requires, when he will be delivered over to an agent of the United States under a warrant of extradition precisely the same as in all former cases, and without any stipulations or conditions whatever. This is due to the attitude which you assumed and maintained from the beginning, namely, that the British act of 1870 could not affect the treaty concluded between the United States and Great Britain in 1842, and that no stipulation or condition required by that act could have any binding force upon the Government of the United States or be claimed by England in the execution of that treaty. The question was several times discussed while I was a member of the Cabinet at Washington, and, as matter of international courtesy, it was determined to direct the district attorney of New York to try Lawrence, who had been extradited upon the charge of forgery, first upon that charge only, and leave all action upon other charges to be determined by the government after trial upon the extradited charge. I, as Attorney-General, gave orders accordingly. After my appointment as minister to England, I went with Judge Taft, who was appointed Attorney-General in my place, to New York, and, Lawrence offering to plead guilty upon the charge of forgery, it was arranged that all other charges should be dismissed, This arrangement was carried out, and Lawrence pleaded guilty to the indictment for forgery, and after that no charges were pending against him. * * * After your dispatch No. 15 (a copy of which I gave to Lord Derby), concisely setting forth the facts in the Lawrence case, and thus correcting the misapprehension under which he had labored, I was satisfied that extradition would be resumed under the old treaty. It has been done by the act of the British Government, creditable to their sense of justice and highly complimentary to your firm and courteous conduct of the negotiations, which had become very delicate and difficult.
I have, &c.,