No. 378.
Mr. Seward
to Mr. Cuellar.
Washington, January 3, 1878.
Sir: I have to acknowledge the receipt of your note of the 14th ultimo. It represents that the authorities of Texas claim of those of Mexico proceedings—in reference to the extradition of persons charged with crime who may have fled to that country—not warranted by the extradition treaty. It also represents that, although Mexican citizens, fugitives from Texas, have recently been given up by authorities in Mexico for trial in the United States, this was done as an act of courtesy, not required by the treaty, and is not to be construed as a precedent. You also ask whether it is the purpose of this government to reciprocate the course adopted by Mexican authorities in the case adverted to.
In reply, I regret to state that this question is regarded as of too sweeping and general a character to be answered at once and with precision. I may, however, remark that it was obviously the expectation of the framers of the treaty of the 11th December, 1861, that most of the cases for extradition would arise on the frontier. Hence the local authorities there are empowered to carry the treaty into effect. It is also plain that, although the purpose of that instrument was to allow those authorities entire discretion in ordinary cases, the phraseology admits, and was no doubt intended to reserve, a right of appeal to the government at Washington or Mexico, respectively, in extraordinary cases. If therefore the proper authorities on the United States side of the line should decide that there is sufficient proof against a United States citizen charged with committing a crime in Mexico, but should refuse to give him up, appeal may be made here. The case will then be considered in a candid and circumspect spirit, and will be decided accordingly.
I avail, &c.,
Acting Secretary.