No. 283.
Mr. Nelson to Mr.
Fish
No. 366.]
Legation of the United States, Mexico,
March 23, 1871.
Sir: Referring to my dispatch No. 359 of the 27th
ultimo, I have the honor to inclose a copy and translation (A and B) of a
note from the department of foreign affairs, dated the 8th instant, in which
the Mexican government declines to order the surrender of the assassins
whose extradition was demanded of the governor of Sonora by the governor of
Arizona Territory, basing its refusal upon the fact of the said assassins
being Mexican citizens, in conformity with the last clause of the sixth
article of the extradition treaty of December 11, 1861, the text of which is
as follows: “Neither of the contracting parties shall be bound to deliver up
its own citizens under the stipulations of this treaty.”
I will, however, make an informal and unofficial effort to obtain their
surrender, as an act of international comity.
Your obedient servant,
B.
[Translation.]
Mr. Aspiroz to Mr. Nelson
Department of Foreign Affairs,
Mexico
,
March 8, 1871.
Sir: With a note from your excellency, dated
the 25th of February ultimo, I received another from the consul of the
United States of America at Guaymas, a letter from Mr. George Cooler,
agent of the governor of Arizona Territory, and some newspaper slips,
all which refer to the assassination and robbery which it appears was
committed by certain Mexicans in the territory of the United States of
America, and to the requisition for the surrender of the supposed
criminals, made by the governor of Arizona upon the governor of Sonora,
and the refusal of the latter to give them up, in case of their being
found within the limits of that State.
Your excellency makes known your belief that the Mexican government, as
soon as it shall become cognizant of the facts stated in these documents
and papers, will not hesitate to send to the governor of Sonora the
necessary instructions for the surrender of the accused parties. Your
excellency probably formed this opinion without knowing the fact that
the persons whose surrender is solicited from the Mexican authorities
are themselves Mexicans.
[Page 630]
Your excellency will please to note, in the same documents and papers,
which I now return, according to request, that this circumstance is
therein expressed with at least as high a grade of credibility as the
statement of the crimes committed and the attending circumstances
thereof.
I expect from your excellency’s well-known high sense of justice that
this single circumstance will suffice to excuse the Mexican government
from ordering the surrender of the supposed criminals, as demanded by
the governor of Arizona Territory from the governor of the State of
Sonora, since its action in the case should be in strict conformity with
the stipulations of the treaty of extradition between the United States
of Mexico and the United States of America, now in force, and with the
practice observed by the Government of the latter toward the Mexican
government in similar cases.
I have the honor to repeat that I am your excellency’s very obedient
servant,
