Mr. Lincoln to Mr. Blaine.
London , October 9, 1889. (Received October 19.)
Sir: It is my understanding that, properly speaking, diplomatic duties in extradition cases begin with the formal request of the legation to the foreign office for the extradition of a person whose detention has already been procured upon the action of some one acting as the agent in that behalf of the authorities of the State to which the extradition is sought. Such person is required in England to present an information under oath, a draught of which I had the honor to inclose in my dispatch No. 90, of 27th ultimo.
It seems that a practice has grown up here under which the state or local authorities rely upon this legation, without themselves being very definitely committed, to furnish a person to make oath to the information necessary for the arrest and detention, to await proper papers from the Department of State, and Mr. Hodson, the messenger of the legation, is accustomed to make the oath. It seems to me that in doing so he can not be considered as acting for the Department of State through this legation; but his actual connection with the legation [Page 464] is perfectly well known to the magistrates and the police authorities here, and he is no doubt considered by them as acting under the instructions of the legation so as to make it responsible.
When, therefore, the proceedings become abortive by reason of the failure of the State authorities to follow up a case in hand after the police here have either arrested the accused with considerable trouble or have devoted much energy in following out clews which they still think good, not only must the dissatisfaction at having done useless work fall on this legation, but it may be that a claim for damages for wrongful arrest will be presented to it.
These cases usually originate in a telegram from our local police authorities to the Scotland Yard officials, and I see no way to prevent such embarrassment to the representative of the United States Government and to place it where it belongs, on our local police, unless by requiring our local police to employ their own agents here to cause arrests and the messenger of this legation to cease acting in that capacity.
I have, etc.,