The evidence of the criminality of the fugitive
was duly furnished and heard, and, being found sufficient to justify his
apprehension and commitment for trial if the crimes had been committed
in Great Britain, he was held and committed for extradition.
Her Majesty's Government, however, did not deliver up the fugitive
in accordance with the terms of the treaty, notwithstanding every
requirement thereof had been met on the part of the United States, but,
instead of surrendering the fugitive, demanded certain assurances or
stipulations not mentioned in the treaty, but foreign to its provisions,
as a condition of the performance by Great Britain of her obligations
under the treaty.
In a recent communication to the House of Representatives, and in answer
to a call from that body for information on this case, I submitted the
correspondence which has passed between the two Governments with
reference thereto. It will be found in Executive Document No. 173 of the
House of Representatives of the present session, and I respectfully
refer thereto for more detailed information bearing on the question.
It appears from the correspondence that the British Government bases its
refusal to surrender the fugitive and its demand for stipulations or
assurances from this Government on the requirements of a purely domestic
enactment of the British Parliament, passed in the year 1870.
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