No. 382.
Mr. Evarts
to Mr. de Zamacona.
Washington, May 8, 1878.
Sir: I have the honor to acknowledge the receipt of the note addressed to me by Mr. de Cuellar upon the 27th ultimo, representing that in February last the sheriff of one of the frontier counties of Texas obtained, on Mexican territory, through the instrumentality of the Mexican judge of the Rio Grande district, two fugitives, understood to be Mexicans, who, it is alleged, had committed a murder in Texas. These fugitives, he states, were apprehended by the local judge of Muzquiz and delivered to the sheriff, who promised to take them before the judge of the Rio Grande district, but instead of doing so, and in violation of the stipulations of the treaty, carried them by unfrequented paths into Texas, where he put them in confinement; and that the judge of Rio Grande addressed the justice of the peace at Eagle Pass, within whose jurisdiction the prisoners were placed, demanding their surrender, without success. Mr. de Cuellar therefore requests the intervention of the Government in the matter, in order that the alleged criminals may be returned to the proper Mexican judge for his decision upon their extradition.
I regret to learn that the provisions of the treaty of extradition wiith Mexico have been disregarded, as they appear to have been in this instance. The attention of the governor of Texas will be called to the circumstances of the case, with a view to repairing the injury which seems to have been committed.
Be pleased, &c.,