No. 433.
Mr. Foster
to Mr. Fish.
Legation of
the United States,
Mexico, May 12, 1875.
(Received May 27.)
No. 285.]
Sir: Under date of the 18th ultimo, the consul at
Matamoras, Mr. Thomas F. Wilson, reported to me, through the consul-general
in this
[Page 914]
city, the arrest of one
Juan Flores, charged with the murder of T. H. Swift and his wife, in Refugio
County, Texas, in June, 1874. Flores admitted to the judge in Matamoras,
before whom he was brought, that he committed the murders, but claimed that
he was a Mexican citizen; but had at the latest date failed to present any
evidence in support of such claim. The consul, under instructions, as he
states, from your Department, appeared before the court to aid in securing
the extradition of the criminal, and insisted that, in order to avail
himself of his claim of Mexican citizenship, Flores must establish that fact
by proof. In addition to the presumption that the criminal was subject to
the jurisdiction of the State where he committed the crime, the consul
submitted to the court, as evidence that said Flores was actually a citizen
of Texas, a certificate, signed by the governor of said State, under seal
therof, that Flores had registered and voted in Texas as a native of that State, having made oath to that effect.
Notwithstanding the foregoing facts, the case was, at the date of the
consul’s letter, undecided, and he entertained well grounded fears that
through this delay improper influences, which were being exerted, would
secure the illegal release of the criminal. Upon being advised thereof, I at
once addressed the Mexican minister of foreign affairs a note, dated the 8th
instant, reciting the foregoing facts, and requested that an “excitative” be
sent by telegraph to the judge at Matamoras to the effect that, if the guilt
of Flores is established, and he does not prove his claim of Mexican
citizenship, he be delivered to the American authorities under the terms of
the extradition-treaty.
Mr. Lafragua, under date of the 11th instant, informed me that the
instructions which I had requested had been sent by telegraph to the
military commander at Matamoras to be communicated to the judge. I have
to-day, in a note to Mr. Lafragua, returned my thanks for this action of his
government.
* * * * * * *
I am, &c.,
[Inclosure 1 in No. 285.]
Mr. Foster to Mr.
Lafragua.
Legation of the United States,
Mexico, May 8,
1875.
Sir: The consul of the United States at
Matamoras, Tamaulipas, reports to me, under date of the 18th ultimo, the
following facts: In June last a man named .Juan Flores murdered T. H.
Swift and his wife, in .Refugio County, Texas. The murderer fled to
Guerrero, Mexico, where he was traced and arrested, and a demand was
duly made, under the provisions of the treaty, for his extradition. In
Guerrero, Flores assumed the name of Juan Juarez. He, however, admitted
that he had murdered Swift and his wife, and, as a defense to his
extradition, claimed that he was a citizen of Mexico. The authorities of
Guerrero sent Flores to Matamoras for trial before the judge of the
first instance, Don Diego Castillo Montero, the commissioner of
extradition. Flores admitted to the judge, at Matamoras, that he
committed the murders, and again claimed that he was a Mexican citizen.
Upon being so instructed by the Department of State at Washington, the
said consul at Matamoras appeared before the court to aid in securing
the extradition of the criminal, and insisted that, in order to avail
himself of his claim of Mexican citizenship, Flores must establish that
fact by proof; that he admitted that he was a fugitive criminal from
Texas, and that the presumption would arise that he, having committed
the crime in that State, was subject to its jurisdiction, which
presumption must be removed by positive testimony to the contrary. But,
in addition to this presumption, the said consul submitted to the court,
as evidence that said Flores was actually a citizen of Texas, a
certificate, signed by the governor of said State, under the seal
thereof, that Flores had registered and voted
[Page 915]
in Texas as a native of
that State, having made oath to that effect. No evidence has been
produced before the court tending to show that Flores is a citizen of
Mexico, and consequently entitled to the benefit of the clause of the
treaty which exempts either country from surrendering its own citizens.
Notwithstanding the foregoing facts, the case is still undecided, and
the consul entertains well-grounded fears that through this delay
improper influences, which are being exerted, will secure the illegal
release of the criminal. In view of the recent experience in the
enforcement of the extradition-treaty at Matamoras, in the case of
Alexander B. Hamilton, of which your excellency has full information,
and in view also of the condition of public feeling in Texas at this
time, I have to request that your excellency’s government will cause an
excitative to be sent by telegraph to the said judge at Matamoras, to
the effect that, if the guilt of Flores is established, and he does not
prove his claim of Mexican citizenship, he be delivered to the American
authorities under the terms of said treaty, and that his decision be
rendered as speedily as is consistent with the ends of justice.
Your excellency will please to accept the renewed assurances of my high
consideration and esteem.
His Excellency J. M. Lafragua,
Minister of Foreign Affairs, Mexico.
[Inclosure 2 in No.
285.—Translation.]
Mr. Lafragua to Mr.
Foster.
Mr. Minister: I have had the honor of receiving
your excellency’s note of the 8th instant, relative to the extradition
of Juan Flores, accused of being the murderer of T. H. Swift and his
wife.
In view of the reasons expressed by your excellency, there has been
dictated the order of which I have the honor to inclose a copy, hoping
that by that measure the proceedings which have delayed the decision of
this matter may be shortened.
It is very pleasant upon this occasion to renew to your excellency the
assurances of my high and distinguished consideration.
His Excellency John W. Foster,
Envoy Extraordinary and Minister Plenipotentiary
of the United States.
[Inclosure in 2 in No.
285.—Translation.]
The President to the
minister of war.
Department of Foreign Affairs, (American Section,)
Mexico, May 11,
1875.
Citizen Minister of War: The President orders
that you will be pleased to communicate to the military commander of
Matamoras, by telegraph, the following dispatch: “The American legation
asks the extradition of Juan Flores, accused as the murderer of the
American T. H. Swift, in June, 1874; If he has hot proved that he is a
Mexican citizen, and there are facts which establish his guilt, you will
ask the judge of Matamoras that he deliver the criminal in conformity
with the treaty.”
“I communicate it to you for your compliance.”
Independence and liberty.
[Inclosure 3 in No. 285.]
Mr. Foster to Mr.
Lafragua.
Legation of the United States,
Mexico, May 12,
1875.
Sir: It is with much pleasure I acknowledge the
receipt of your excellency’s note of yesterday, in which you inform me
that the President has thought proper to carry
[Page 916]
out the suggestion which I ventured to make in my
note of the 8th instant in relation to the extradition of Juan Flores,
arrested at Matamoras.
I tender to your excellency my sincere thanks for this prompt
manifestation of the justice and friendship of the Mexican government,
and again assure you of my most distinguished consideration.
His Excellency J. M. Lafragua,
Minister of Foreign Affairs, Mexico.
