HL Deb 09 February 1843 vol 66 c261
Lord Campbell

desired to put a question to her Majesty's Government which he was sure they would find neither difficulty nor reluctance in meeting with a satisfactory answer. He wished to know whether it was the intention of the Government to introduce any bill for the purpose of giving effect to the 10th article of the treaty of Washington. That article provided for the reciprocal giving up of criminals who might have been guilty of crimes either in England or America. This treaty, and indeed the article in question, he highly approved of, although the clause in question did not go far enough, as swindlers ought to be included in its provisions. An act of Parliament was necessary, since by the common law of this country no criminal could be given up, and the 10th article of the treaty had therefore no practical effect.

Lord Ashburton

begged to assure the noble Lord, that he was fully aware of the bearing which the present state of the law had upon the 10th article of this treaty. So fully was he impressed with its inefficacy under the present state of the law that he had written to the secretary of state in America to say that the article in question had no practical effect until it should be confirmed by an act of Parliament. He should, however, observe, that although an act of Parliament in this country was indispensible, no such sanction was requisite under the circumstances in America.