Chargé McCreery to
the Secretary of State.
American Embassy,
Mexico, December 15,
1905.
No. 156.]Sir: I have the honor to acknowledge the
receipt of your No. 66, of the 14th ultimo, which refers to instruction
No. 63, of the 2d ultimo, regarding the complaint of the Mexican
Government of the action of the governor of Texas in making direct
application to the governor of Tamaulipas for the arrest and provisional
detention of Charles Luna,
[Page 663]
and
incloses for communication to the Mexican Government a copy of a letter
from the governor of Texas explaining his course in that and similar
cases.
I inclose a copy of my note communicating the letter of the governor of
Texas to the foreign office, as instructed, together with copy and
translation of Mr. Mariscal’s reply, containing observations as to the
procedure in the cases under consideration.
I have, etc.,
[Inclosure 1.]
Chargé McCreery
to the Secretary of Foreign
Affairs.
American Embassy,
Mexico, November 22,
1905.
Mr. Minister: Referring to my note of the
11th instant and to previous correspondence relative to the action
of the governor of Texas in making direct application to the
governor of Tamaulipas for the arrest and provisional detention of
Charles Luna and the action of the latter governor in ordering such
arrest, I have the honor to communicate to your excellency a copy of
a letter from the governor of Texas, explaining his course in that
and similar cases.
I beg, etc.,
[Inclosure
2.—Translation.]
The Secretary of Foreign
Affairs to Chargé McCreery.
Department of Foreign Affairs,
Mexico, November 28, 1905.
Mr. Chargé d’affaires: With your note of
the 22d instant I received a copy of that from the governor of the
State of Texas, addressed to the Secretary of State at Washington,
on account of the question raised by this department concerning the
procedure observed by the governors of Texas and Tamaulipas in the
matter of the provisional detention of fugitives from either state
to the other.
Having taken cognizance of the note from the governor of Texas, I
consider it advisable to say to you that, while Article X of the
extradition treaty vests in the Federal Government of both countries
the express duty to ask, reciprocally, the provisional detention of
fugitives from the justice of one country who have sought refuge in
the other, the local governments of the frontier may, however, by
mutual understanding, dictate the necessary measures for their
respective police to keep the suspect under surveillance during the
time in which the provisional and formal detention is procured
through the diplomatic channel in accordance with the treaty. Thus
the ends of justice are obtained without openly violating the
above-mentioned instrument and without any danger of perverting said
ends.
As a matter of fact, should it ever occur that at the time of
proceeding in the irregular manner observed heretofore by the
frontier authorities of both countries the recourse of amparo be
interposed against an illegal act, such as the provisional detention
in which the provisions of the extradition treaty have not been
followed, the amparo would have to be granted, and this might cause
legal difficulties against the subsequent course of the
proceedings.
I renew, etc.,
