United States itself has implicitly recognized that the means used to bring him into American territory was unlawful." You, therefore, request that Martinez, alias Puebla, be returned to Mexican territory, whence he was illegally taken. The exact question presented in this case appears to have arisen in a case which came before the Supreme Court of the United States in 1886 (Illinois v. Ker, 119 U. S., 436). In that case the defendant, Ker, had committed the crime of larceny against the State of Illinois and had fled to Peru, whence he was abducted by a United States officer, taken back to Illinois for trial, and convicted in due course in the courts of that State At the trial it was urged in the defense: (1) That he was improperly brought within the jurisdiction of Illinois, and (2) that he had acquired a right of asylum in Peru. The case was finally brought by a writ of error before the Supreme Court of the United States, and both of the objections raised by the prisoner at his trial in the courts of Illinois were carefully reviewed. Regarding the first objection (which appears to be the same as that relied upon in your present note), the court held that the irregularity in the manner of bringing the defendant within the jurisdiction was not a defense which could be pleaded as a valid bar to trial for a crime upon a regular indictment, and that when the fugitive was "found within the jurisdiction of the State of Illinois and liable to answer for a crime against the laws of that State unless there was some positive provision of the Constitution or of the laws of this country violated in bringing him into court, it is not easy to see how he can say that he was there without due process of law,' within the meaning of the constitutional provision." Regarding the second objection urged by the defendant, the court held that the treaties of extradition between the United States and foreign powers do not guarantee to a fugitive from the justice of one of those countries an asylum in the other, nor do they give any greater or more sacred right of asylum to such person than he had before. The decision of the court in this case has been approved in Mahon v. Justice (127 U. S., 712) and In Re Johnson (167 U. S., 126). It is not seen wherein the case of Martinez differs from that of Ker. In the latter the court remarked that their view of the subject left neither the prisoner nor the Government whose jurisdiction had been invaded without a remedy, and that the Government of Peru had the right to demand from this Government the surrender of the kidnaper for trial in its courts for violation of its laws. In the present case the Government of Mexico has made a demand upon this Government for the return of Felix in order to stand trial for kidnaping, and this department has complied with such demand by surrendering the alleged offender. It is, however, unable to comply with the request of the Mexican Government for the release of Martinez for the reasons above set forth, as well as for the further reason that the prosecution of Martinez appears to be proceeding in the courts of the State of California, which are independent of the Federal Executive. Accept, etc., ROBERT BACON. ASSISTANCE RENDERED BY THE UNITED STATES SQUADRON IN AN EPIDEMIC OF DIPHTHERIA AT MAGDALENA. No. 56.] Ambassador Thompson to the Secretary of State. AMERICAN EMBASSY, Mexico, May 19, 1906. SIR: I have the honor to transmit herewith copies and translations of a note from Minister Mariscal and its inclosure, as well as a copy of my reply thereto, relating to the humane assistance rendered to the town of Magdalena, Lower California, by Rear-Admiral Goodrich, to suppress the epidemic of diphtheria which afflicted the children of said port during the recent stay of the American Pacific Naval Squadron at Magdalena Bay. As requested by the foreign office, I have transmitted to Rear-Admiral Goodrich, with my letter of this date, inclosure 6, copies of the above-mentioned correspondence. I have, etc., [Inclosure 1.- -Translation.] D. E. THOMPSON. The Minister for Foreign Affairs to Ambassador Thompson. DEPARTMENT OF FOREIGN AFFAIRS, Mr. AMBASSADOR: I have the honor to transmit to your excellency a copy of a note addressed to me by the secretary of war and marine in which he has included a communication from the military commander at La Paz, Lower California, relating to the stay at Magdalena Bay of the American squadron, which, under the command of Rear-Admiral Goodrich, held target practice at said place. The Mexican Government has seen with singular gratification the humane conduct of Rear-Admiral Goodrich in sending the physicians of his squadron to assist in checking the epidemic of diphtheria which afflicted said part of the country and in graciously furnishing the necessary medicines. I therefore beg your excellency that, through the channels you may deem proper, RearAdmiral Goodrich be informed of the sentiments of gratitude caused by his altruistic action. I avail myself, etc., IGNO. MARISCAL. [Subinclosure.-Translation.] The Secretary of War and Marine to the Secretary for Foreign Affairs. Department of War and Marine.-Mexico. The colonel in command of the military forces at La Paz, Lower California, informs me as follows: "I have the honor to bring to the attention of your department that the port master at Magdalena Bay, by his communication No. 161, of the 5th instant, has informed me of the following: I beg to report to the office under your charge that after the American naval squadron remained here during thirty days, holding artillery and rifle target practice, it sailed to-day at 5 p. m. in the direction of San Diego, Cal. I consider it my duty to inform you that during the time that said squadron was here not an incident occurred contrary to the stipulations of the permission which, for the purpose above mentioned, was granted by the department of war and marine, and that Rear-Admiral Goodrich and his officers, the crew inclusive, conformed their acts to said permission, and not withstanding the large number of seamen (1,386) who came ashore to play ball, they conducted themselves in perfect order. As a matter outside of the stipulations of the permission and owing to the exceptional conditions of the bay to careen vessels, the Rear-Admiral verbally asked to be allowed to strand, clean, and paint all of the boats of the squadron (20 boats), which the undersigned permitted without consulting your office, on account of the lack of rapid communication. When the paint and its components were brought ashore from the flagship, the Rear-Admiral had the delicacy of sending the same to my office, to the end that I would see that the articles were just sufficient for the 20 boats. Among many other marks of deference on the part of the Rear-Admiral, I beg to mention especially the one in which the Admiral, in accordance with the undersigned, ordered that, on account of the epidemic of diphtheria among the children of the locality, the four physicians of the squadron's service would assist, each in their turn, in the work of checking the epidemic, which they accomplished in eight days. To that effect the Rear-Admiral furnished the medicines gratis.'" Which I have the honor to transmit to the department under your worthy charge, to the end that if you consider it agreeable you may thank the Government of the United States on account of the courtesies received from RearAdmiral Goodrich during the stay of the American squadron at Magdalena Bay. I renew, etc., G. COSIO. MEXICO, April 27, 1906. [Inclosure 2.] Ambassador Thompson to the Minister for Foreign Affairs. AMERICAN EMBASSY, Mr. MINISTER: I have the pleasure to acknowledge the receipt of your excellency's very courteous note of the 7th instant and of its inclosure relating to the assistance rendered by Rear-Admiral Goodrich, commander of the Pacific Naval Squadron of the United States, to the town of Magdalena, to suppress the epidemic of diphtheria which afflicted the children of said locality during the stay of said squadron at Magdalena Bay, and complying with your excellency's wishes to have the Admiral informed of the sentiments of gratitude caused by his altruistic action, I have on this date sent him a copy of your esteemed note and of its inclosure. This opportunity affords me the pleasure, etc., D. E. THOMPSON. [Inclosure 3.] Ambassador Thompson to Rear-Admiral Goodrich. AMERICAN EMBASSY, Mexico, May 19, 1906. ̧ SIR: It affords me much pleasure to transmit to you for your information the inclosed copies and translations of a note from the foreign office and of a communication from the department of war and marine of Mexico which accompanied said note, expressing the high appreciation of the Mexican authorities of your kind assistance to suppress the epidemic of diphtheria which afflicted the children of the port of Magdalena during the recent visit of your squadron to Magdalena Bay. I have, etc., D. E. THOMPSON. ALLEGED ANTIFOREIGN AGITATION IN MEXICO. The Acting Secretary of State to Ambassador Thompson. No. 74.] SIR: I inclose herewith a copy of a dispatch from the consul at Tampico inclosing a newspaper clipping in which it is stated that a Not printed. there is an organization among Mexican workmen, especially in the northern part of Mexico, whose purpose is to cause the expulsion of. foreign workmen from that country, and that the 16th of September next is set as the time when the expulsion is to begin. You will bring the matter to the attention of the Mexican Government and suggest that preventive measures be taken to protect the rights of American citizens, as persons and property may be endangered by the alleged combination. I am, etc., ROBERT BACON. Ambassador Thompson to the Secretary of State. [Telegram.] MEXICO, July 31, 1906. You will please cause the Associated Press to say that the numerous statements in American papers relative to an uprising of Mexicans against foreigners in Mexico September 16 is without foundation so far as is discoverable in Mexico, where seemingly all said of such an uprising comes from reading American papers received in this country. President Diaz assures me this morning, as he did a week since, as reported in my dispatch of July 5, that he is unable to find cause for any of the alarming interviews and statements reported to have been given out by Americans returning to the United States from Mexico. The Mexican Government, however, because of the alarming stories put in circulation, are vigilant to the last degree, and should disturbances develop at any point the offenders will be dealt with as their cases may merit. The railway organizations have been named in some American newspaper articles as the instigators of the antiAmerican sentiment. Last night the chief officers (Mexicans) of one of the two organizations in Mexico (the Gran Liga de Empleados de Ferrocarril) called to tell of the great injustice the American press is doing their order, and saying that their people had no grievance against either the Mexican Government or the foreigners, their sole object being to propagate peaceably a better condition for the railway employees. No. 97.1 BONDS ISSUED BY THE MEXICAN EMPIRE. THOMPSON. The Acting Secretary of State to Chargé McCreery. DEPARTMENT OF STATE, Washington, February 6, 1906. SIR: I inclose herewith a copy of a letter from Mr. G. T. Moeskes, asking if two bonds, of which he gives a description and which were issued by the Mexican Empire in 1864, are redeemable by the Mexican treasury. You will make informal inquiry in regard to the matter and report to the department. ROBERT BACON. I am, etc., a Not printed. No. 30.] The Secretary of State to Ambassador Thompson. DEPARTMENT OF STATE, Washington, May 17, 1906. SIR: In connection with instruction No. 97, of February 6 last, directing Mr. McCreery to make formal inquiry as to whether two certain bonds issued by the Mexican Empire in 1864 are redeemable by the Mexican treasury, I inclose herewith for your information a copy of a letter from Mr. G. T. Moeskes, inclosing a copy of correspondence which he has had since then with the Mexican treasury on the subject. I am, etc., No. 67.] ELIHU ROOT. Ambassador Thompson to the Secretary of State. AMERICAN EMBASSY, SIR: I have the honor to acknowledge the receipt of the department's instruction No. 30, dated the 17th instant, and of its inclosures, in which reference is made to the department's instruction No. 97, of February 6 last, directing Mr. McCreery to make informal inquiry as to whether certain bonds issued by the Mexican Empire in 1864 are redeemable by the Mexican treasury. I have been unable to find the latter instruction among the records of the embassy, and therefore my reply shall only treat the matter as presented in your No. 30. As stated in Mr. Luengas's letter to Mr. Moeskes (Exhibit A, in the above-mentioned instruction), "the Mexican Government has never recognized the debts of the so-called Empire;" the latter never was recognized either by the Government of the United States, and it is well known that the Government of the Republic, under President Juarez, though weakened and forced to move from one place to the other by the imperial army, never did cease to exist during the whole reign of Maximilian. If the bonds in question are “refund bonds," issued by the Empire in recognition of a debt of 1851, the same very likely show the date of their redemption. Moreover, if it be true, as stated by Mr. Moeskes in his letter of the 7th instant to Mr. Luengas, that these bonds pertain to a series for which the Government of Mexico issued a series of "3 per cent consolidated bonds of A. D. 1886," it seems to me that the same ought to have been presented in time for their conversion. The information contained in the documents transmitted to me with the department's instruction is indefinite; therefore I would suggest that the holders of these bonds furnish a better description of the same, giving, if possible, the original loan to which they refer and all the details they may be able to obtain from the document itself (copy of the bond); and if Mr. Luengas has answered Mr. Moeskes's letter of the 7th instant, I would also like to have a copy of his reply, in order that I may locate the law upon which his decision may be based. I have, etc., D. E. THOMPSON. a Not printed. |