No. 332.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
Mexico, November 29, 1878.
(Received December 17.)
No. 838.]
Sir: The consul at Guaymas, Mr. Willard, has
communicated to me the fact that the treasure express of Wells, Fargo &
Co., had been recently repeatedly robbed in Arizona Territory by Mexican
outlaws, who had taken refuge in the State of Sonora, Mexico, and that he
had advised the governor of Sonora of these facts, and suggested to him the
propriety of giving orders to the local authorities to co-operate with the
agents of the company robbed, in order to secure their arrest and delivery
to the proper authority for punishment. The object had in view by the consul
was to secure the extradition of the criminals, although that is not
expressly stated in his communication to the governor of Sonora.
Upon the receipt of the consul’s dispatch to the legation and accompanying
papers, I sent a copy thereof to the foreign office, stating that it was
done for its information, and added that I hoped the Mexican Government
would see the necessity for adopting vigorous measures for the punishment of
the criminals and the prevention of similar depredations in the future.
After sending my note to the foreign office, I received a second dispatch
from the consul at Guaymas, with accompaniments, copies of which I now
inclose; from which it appears that some of the criminals referred to have
been arrested, but that the governor of Sonora states that, they being
Mexican citizens, he has not the power to surrender them to the American
authorities without express instructions from the federal Government of
Mexico, and that the persons arrested will be held in custody until orders
are received from the capital as to their disposition. The governor further
says that all criminals, not Mexican citizens, upon proper proof will be
delivered for extradition, as has already recently occurred in some cases;
and that the pursuit and arrest of all outlaws from American territory
taking refuge in Sonora shall be earnestly carried out.
Under date of the 25th instant, the acting minister of foreign affairs, in
acknowledging receipt of my note, said that both the federal and state
governments would earnestly endeavor to prevent that the criminals referred
to should remain unpunished 5 but in that connection he alluded to the legal
difficulties in the way of their punishment for crimes committed in foreign
territory.
With respect to the extradition of Mexicans for crimes committed in Arizona,
the minister states that the Mexican Government is disposed
[Page 735]
to concede it as soon as it may obtain a
formal promise of reciprocity from the Government of the United States, and
that to this end the Mexican minister in Washington had been instructed to
ask for such a promise. He further refers to the proposition heretofore made
by Mexico upon this point, and concludes by asking that I will urge upon you
the importance of a declaration on the subject, in order that it may decide
as to the extradition of the criminals in question now held in prison.
I answered the minister, thanking him for the assurances given that efforts
would be made to prevent the criminals from remaining unpunished, which I
hoped would not be without good results, and stating that I would call your
attention in a special manner to the proposition contained in his note.
In response to the repeated complaints of our government that Mexican
territory was made a safe place of refuge for criminals from the United
States, the foreign office has proposed two remedies to the existing evil.
One is contained in Mr. A Vila’s note, inclosed herewith, to wit, that each
government will agree to extradite its own citizens. The other is embodied
in the proposition first presented in Mr. Mata’s project of treaty of 1877,
providing by federal legislation for the punishment of crimes committed in
the territory of the other nation.
* * * * * * *
In the course of a correspondence recently exchanged with the foreign office,
of which I hope to forward copies by this mail, I had occasion, in a note to
Mr. Avila, to say that the disorders on the frontier can hardly be
eradicated by the simple negotiation of new treaties; that the outlawry
there has not originated so much from defective treaties as from the failure
of the federal Government of Mexico to make its power felt and its orders
respected in those regions; and that until it can overcome the difficulties
arising from these causes, it would seem useless to discuss new treaties or
agreements.
It is due, however, to the Mexican authorities adjoining the Arizona frontier
to say that a better state of affairs, and a greater disposition to
co-operate with the American officials, exist, than on the Rio Grande
border; and in view of the growing spirit of outlawry which appears to have
lately manifested itself there, and of the proposition now made by the
Mexican Government for a reciprocal extradition of citizens guilty of
crimes, it would appear desirable to take the condition of disorder in that
region into careful consideration, with the object of agreeing upon some
method whereby the frontier line should not be made a sure barrier against
pursuing justice.
I am, &c.,
[Inclosure 1 in No. 838.]
Mr. Foster to Mr.
Avila.
Legation of the United States,
Mexico, November 21,
1878.
Sir: I inclose herewith, for the information of
your honor’s government, a copy of a communication, with its
accompaniments, from the consul of the United States at Guaymas,
containing information of robberies recently committed by Mexican
outlaws in Arizona, and that the criminals habitually take refuge with
their plunder in Mexican territory, in the State of Sonora.
I trust your honor’s government will see the necessity of adopting
vigorous measures for the punishment of the criminals and the prevention
of similar depredations in the future.
With sentiments of the highest esteem, I am your honor’s obedient
servant,
[Page 736]
[Inclosure 1 in Mr. Foster’s note to Mr.
Avila.]
Mr. Willard to Mr.
Foster.
Consulate of the United States of America at Guaymas,
Mexico,
October 7,
1878.
Sir: I beg leave to herewith inclose, marked A,
a copy of a letter which I have received from Mr. L. F. Rowell,
assistant superintendent of Wells, Fargo & Co. banking express
company), whose principal office is at San Francisco, Cal.; also, a copy
of my communication to the governor of Sonora, accompanied by a copy of
said letter, calling attention to the facts therein mentioned of the
robberies of the treasure express of said company by Mexicans, the
robbers taking refuge in Sonora.
The Mexican Government, I am aware, has opposed the extradition of its
own citizens for crimes committed outside of its own territory; but in
the cases referred to by Mr. Rowell, the robbers are confirmed
criminals, and positive proof can be furnished as to their guilt and
complicity in said robberies.
The governor of Sonora, I am satisfied, has every disposition to
surrender criminals of this class, irrespective of nationality, but has
informed me on former occasions that he has not the power to act without
orders or instructions from Mexico.
As this question is one that may in the future lead to serious
complications along the Arizona and Sonora frontier if not settled, and
particularly is one that interests our citizens in Arizona, for this
reason I respectfully ask that you call the attention of the Mexican
Government to the facts contained in the referred-to inclosure; so that,
if possible, power or instructions maybe given to the governor of Sonora
to surrender criminals of the class referred to. I am fearful, if some
measures are not taken to check Mexicans who commit crimes in Arizona
from taking refuge in Sonora, border troubles and disorders will follow,
injurious alike to the citizens of both sides of the boundary line.
I am, &c.,
[Inclosure A in Mr. Willard’s dispatch of
October 7.]
Mr. Rowell to Mr.
Willard.
Wells,
Fargo & Co. Exchange, Banking, and Express,
San Francisco, Cal., September 24, 1878.
Dear Sir: Our express between Yuma and Tucson
has been robbed by Mexicans three times in the past six weeks; in each
case they have taken a bee-line for Sonora. By employing Indian
trailers, our special officers, R. A. Paul and J. W. Evans, have
followed them to Altar and other towns in Sonora, but the authorities
refuse to surrender them. Paul has one under arrest in Altar and is
endeavoring to induce the Mexican authorities to hold him until proper
papers can be procured from the government of Arizona, but it is
extremely doubtful if they will do so. Will you please try and induce
the governor of Sonora to issue the necessary order to the prefects on
the border to deliver up these marauders to our officers on a proper
showing being made of their guilt? We will be obliged to withdraw our
express from Southern Arizona unless we can put a stop to the frequent
robberies by these brigands from a sister republic.
Please give this matter immediate attention and communicate by overland
mail with our agent at Tucson, Mr. Claude Anderson. Mr. Valentine is now
in New York (general superintendent).
Yours, &c.,
We have lost nearly $16,000 in the past six weeks by the
above-mentioned robberies.—L. F. R.
[Inclosure B in Mr. Willard’s dispatch of
October 7.]
Mr. Willard to
General Mariscal.
Consulate of the United States of America at Guaymas,
Mexico,
October 6,
1878.
Sir: I have the honor to herewith inclose a
translation (from English into Spanish) of a communication received by
me from Mr. L. F. Rowell, assistant superintendent of Wells, Fargo &
Co., of San Francisco, Cal.
[Page 737]
By it you will learn of the occurrences which have taken place in the
southern part of Arizona, with great detriment to the interests of said
American company, and of the necessity which exists of giving some
orders with the object of having a cessation or an end made to the
insecurity to which said express line is exposed.
As the marauders referred to (in the inclosed translation), after having
committed their robberies in American territory, take refuge in the
frontier districts of the north of Sonora, it would be, perhaps, fit and
proper that the State government under your charge would give the
necessary orders, so that the authorities in the referred to districts
would co-operate with the special agents of the company to apprehend the
criminals and deliver them, after full and ample proofs of their guilt
are shown, so that they can be tried according to law.
An order of this character will be favorable to both countries, and will
save us from these brigands that are causing injury and damage on both
sides of the line.
I fully comprehend that in relation to this business the government of
the State is in a delicate position, but I hope you will study the
situation with the calmness and care which the case requires, and give
such orders as will be best for the interests of both countries so as to
avoid complications which might originate from this source, and which
has happened on the Rio Grande.
Accept, governor, the considerations of esteem with which I am at all
times,
[Inclosure 2 in No. 838.]
Mr. Willard to Mr.
Foster.
Consulte of the United States of America at Guaymas,
Mexico,
October 18,
1878.
Sir: Referring to my dispatch of the 7th
instant, I now have the honor to inclose yon, marked A, the reply of
General V. Mariscal, governor of Sonora, to my communication addressed
to him oi the 6th instant regarding the robberies committed on the
treasure express of Wells, Fargo & Co., in Southern Arizona, the
robbers taking refuge in Sonora.
In a private letter which I have received from Governor Mariscal, he
informs me that he has written to the governor of Arizona, suggesting
that the extradition of the Mexican criminals referred to in his
communication be asked for direct from the Mexican Government. He also
says that he has solicited from the general government the power to
surrender to the American authorities these criminals (Mexicans) that
may be apprehended in the future, when positive proofs of their
criminality are shown.
I am, &c.,
[Inclosure A in Mr. Willard’s dispatch of
October 18.]
Mr. Mariscal to Mr.
Willard.
[Copy of translation from Spanish into English.]
(seal.) mexican republic—government of the state of sonora.
I have the honor of receiving your communication, date of the 6th
instant, in which you inclose me a translation of the note directed to
you by Mr. L. F. Rowell, assistant superintendent of the Exchange,
Banking, and Express Company of Wells, Fargo & Co., of California,
United States, in relation to the robberies which have been committed in
the south of Arizona, upon the express line of said company, to their
great detriment and loss, and the necessity which exists of some
measures’ or orders, with the object of having a cessation made to the
risks which the said company are exposed; for the reason that the
marauders, which are referred to in said inclosed note, after having
committed robberies in Arizona, take refuge in the border districts of
Sonora.
In answer, I am pleased to say that immediately on receipt of those
occurrences, which I received from the prefect of Altar, and of the
requisitions which were presented from the authorities of Arizona, I had
the same sent to all of the prefects of the State, ordering a prompt
prosecution and apprehension of the criminals as fugitives from justice
from the United States, who had taken refuge in Sonora.
In consequence of said orders, as you will see by the copies of the
demands which accompany this, a vigorous prosecution has been made which
has resulted in the apprehension,
[Page 738]
in the district of Altar, of one Joaquin Franco,
who is mentioned as one of the robbers of the stage between Tucson and
Fort Yuma, and in Magdalena of two others. I have ordered said persons
to be kept under secure arrest, but not to deliver them, they being
Mexican citizens; I not having power to do so under the sixth article of
the treaty of extradition between the United States and Mexico. This can
only be done by an order from the general government of Mexico, to whom
I have addressed myself, giving full information of this business and
asking for instructions. In the mean while a persistent prosecution of
this class of criminals is being made throughout the State, as you will
see by the report which I inclose you from different prefects. You will
also see that all criminals arrested, not Mexicans, have been
immediately placed at the disposal of the American authorities or their
agents.
Acknowledging fully the principles of morality and of justice, I am at
all times ready and willing, to the extent of my authority, to curtail
the evils to which the line of express in Southern Arizona is exposed,
and have given a full account of the same to the general government,
suggesting the necessity of those means which the case requires for the
interests of both countries.
I renew to you, Mr. Consul, my appreciation and attentive
consideration.
Liberty in the constitution.
Ures, October 11,
1878.
V. MARISCAL.
[Inclosure B in Mr. Willard’s dispatch of
October 18.—Translation.]
mexican republic—government of the state of
sonora.
The governor has information that on the 7th instant, and under the
charge of Ensign José M. Michelena and twelve federal soldiers, the
criminal Oliver Boyd was sent to the frontier point called “La Chosia,”
in order that from that place the extradition which the governor of
Arizona has requested may take place.
I have orders from the governor to ask if the expenses of prison and
extradition of Boyd have been paid by the authorities of Arizona.
Liberty in the constitution.
Ures, October 11,
1878.
JESUS QUEJADA,
Secretary.
To the Prefect of the District of
Arispe.
[Inclosure C in Mr. Willard’s dispatch of
October 18.—Translation.]
prefecture of the district of
magdalena.
The prisoners Gregorio Arce and Florentino Sains, accused of having
murdered two American citizens near the Sierra de Guachuca, remain in
prison awaiting further orders—informing you at the same time that no
advice of this occurrence was given by me to the governor of Arizona,
because he did not make any official request for their extradition, and
I am only waiting for the judgment that will be given in consequence of
the judicial investigation made by the judge of the first instance, a
copy of which was forwarded to you by last mail.
Liberty in the constitution.
Magdalena, October 7,
1878.
JUAN E. DURAN.
To the Secretary of State, Ures.
Note.—The persons are held in custody until
orders come from Mexico. The prisoners are Mexicans and are of bad
character.
[Inclosure D in Mr. Williard’s dispatch of
October 18.—Translation.]
state of sonora, prefecture of the district of
montezuma.
Annexed to the official order of the 26th ultimo I received the
information and description of the criminals, who, after having
committed in Arizona depredations which said information gives, they
have taken refuge in Sonora.
[Page 739]
In attention to so important an affair, the said description was sent to
all of the authorities of this district, ordering its prompt
fulfillment; notwithstanding having information, not official hut from
persons worthy of credit, that three individuals proceeding from Arizona
had passed Montezuma, and after them a sheriff with a warrant, which
notice was immediately sent by express to Tepache, where the criminals
were. The authorities ordered their arrest, but before any action was
taken they fired at the authorities, obliging them to return the fire.
The result of this was the wounding of one of the criminals, the other
two making their escape, one of them wounded in one arm. They were
pursued a short distance, but having secured a favorable position
farther prosecution was impossible—they (the criminals) being
well-armed, while the pursuers had only three guns fit for use.
The horses and other articles taken from the criminals were delivered to
the sheriff by order of the judge of first instance. All of which I will
soon report officially to the governor of the State. I expect to receive
orders as to the prisoner, his disposal, when he has recovered from his
wound.
Liberty in the constitution.
Granados, October 4,
1878.
V. DURAZA.
To the Secretary of State, Ures.
[Inclosure E in Mr. Willard’s dispatch, of
October 18.—Translation.]
prefecture of the district of
magdalena.
Manuel Moreno, with ten men commissioned by this office, the 27th ultimo,
to pursue the criminals whom the prefect of Altar informed me had come
into this district, returned on the 1st instant without having been able
to arrest them, and only was informed that they had taken the direction
of the Sonora River, where it is believed they can be found. All of
which I have the honor to inform you in answer to your note of the 26th
ultimo.
Liberty in the constitution.
Magdalena, October 7,
1878.
JUAN E. DURAN.
To the Secretary of State, Ures.
[Inclosure 3 in No.
838.—Translation.]
Mr. Avila to Mr.
Foster.
Department of Foreign Affairs,
Mexico, November 25,
1878.
Mr. Minister: The President being informed by
your excellency’s note of the 21st instant, with its inclosures,
relative to recent cases of robbery committed in Arizona, the authors of
which have sought refuge in the State of Sonora, has instructed me to
say to your excellency in reply, that the federal government and the
government of that State will earnestly endeavor, in their respective
spheres of action, to prevent that the criminals referred to shall
remain unpunished, and that, it not being possible to try them or impose
upon them condign punishment within the country for crimes committed in
foreign territory, unless it be demanded in a legal way, and with the
other concurring circumstances required by article 186 of the penal code
of the district in force in various States for crimes of the common
order, and in force in all the republic for those of the federal order,
the government has charged the authorities of Sonora to endeavor to make
this provision known to the authorities of the Territory of Arizona, to
the end that the persons directly interested in such trials may
institute them in conformity with said provision.
With respect to the extradition of Mexicans who, being authors of crimes
committed in Arizona, take refuge in the state of Sonora, the federal
government, as your excellency will see in the inclosed copies, is
disposed to concede it as soon as it may obtain a formal promise of
reciprocity on the part of that of the United States, instructions
having been given to the minister plenipotentiary of Mexico in
Washington to ask it.
Your excellency will remember that the Mexican Government in the project
of treaty which it proposed to that of the United States for the
adjustment of the difficulties of the frontier, included the stipulation
for the reciprocal delivery of citizens—fugitives from justice.
Experience is demonstrating how important it is that such a measure
should be adopted upon the basis of reciprocity.
[Page 740]
The request of a Mexican frontier authority has recently reached this
department to the end that the extradition of two American citizens of
Texas should he asked for, who were surprised in the act of stealing
horses, and who, on seeing their pursuers, crossed to American
territory. But the government has thought proper to refrain asking such
extradition, because it doubts whether its demand would be complied
with.
If your excellency should think proper, you will be pleased to impress
upon your government the importance of the declaration which that of
Mexico expects from it upon this point, in order that it may decide with
respect to the extradition of various individuals held at present in
prison.
With protestations of high consideration, I am your excellency’s obedient
servant,
[Inclosure 1 in Mr. Avila’s
note.]
mexican republic—government of the state of
sonora.
The government under my charge says to the Mexican consul in Arizona,
United States, on this date, as follows:
“The prefect of the district of Arizpe, under date of the 14th instant,
informs the department of this government that he has arrested in that
district Nestor Estrada, the author of various crimes committed in
Arizona. The government under my charge being interested in the
punishment of the criminals who infest our frontiers between this State
and that Territory, I have to-day decided that the said Estrada shall
remain in safe custody to the end that if the superior political
authority of that Territory desires the extradition of the said criminal
it may be asked of the supreme government of the republic. With this in
view, I hope that the consulate under your worthy charge will be pleased
to report the arrest of the criminal to the governor of Arizona for such
action as he may think fit to take, with the understanding that if he
should not care to ask the extradition in the manner indicated you will
be pleased to opportunely communicate it to me for my information. There
are at present in the prisons of the State five criminals who have come
to Sonora, fleeing from American justice which pursued them for highly
criminal acts, and which deserve to be condignly punished. The
government under my charge, upon arresting them in attention to justice
and the demands of those authorities, has had the firmest disposition to
effect their extradition; but as the parties arrested have proved to be
Mexican citizens, the government has had to conform to the treaty of
extradition existing between the two countries, which does not oblige
either of the parties to extradite its own citizens, and for this reason
the General Government of Mexico has been consulted and its decision
asked with respect to the extradition of the said criminals, they being
detained in the mean time with complete security. You may assure the
governor of that Territory that, on the part of my government, no
measures will be neglected for satisfying justice and the desires of the
American authorities, and ail that which may tend to the preservation of
the friendship and good relations which have happily existed in this
region between Mexico and the United States, it being always understood
that the dignity and honor of our country shall not be compromised
thereby.
“I repeat to you on this occasion the consideration of my esteem.”
Which I have the honor to communicate for the information of the
President of the republic and other ends.
Liberty in the constitution.
Ures, October 18,
1878.
VICENTE MARISCAL.
J. Quijada, Secretary.
The Secretary of Foreign Affairs, Mexico.
[Inclosure 2 in Mr. Avila’s
note.]
Mr. Avila to the
Governor of Sonora.
mexican republic—department of foreign
affairs—section of america.
Your communication of the 18th ultimo has been received in this
department, with which you are pleased to inclose that which you
addressed to the consul of the republic in Arizona with regard to the
extradition of Nestor Estrada, and to the existence in the prisons of
your State of five other criminals, whose extradition can only be
accorded by this government in view of the fact that the prisoners
appear to be Mexicans.
The President, whom I informed of said communication, has learned with
satisfaction
[Page 741]
of all its
contents, due to the earnest wish felt by your government that the
criminals referred to shall not go unpunished, and the desire which you
express to attend to the solicitations of the American authorities,
provided always that the dignity and honor of our country are not
compromised thereby. Although the President is animated by the same
spirit, he thinks, nevertheless, that it is not decorous to grant the
extradition of Mexican citizens so long as a formal promise of
reciprocity is not obtained from the Government of the United States,
and to this end instructions have been given to our minister in
Washington to ask it.
You will be pleased in the mean time to transmit to this department the
requisitions for extradition now made or which may be made by the proper
authorities of Arizona, and you will continue with earnestness to cause
the arrest of all criminals who may take refuge in any part of your
State proceeding from that Territory, causing your order to be enforced
that on no pretext shall the criminals already arrested be set at
liberty, or those who may be arrested in the future, until the proper
information regarding extradition is transmitted to you through this
department.
Liberty in the constitution.
Mexico, November 23,
1878.
ELENTERIO AVILA.
[Inclosure 4 in No. 838.]
Mr. Foster to Mr.
Avila.
Legation of the United States,
Mexico, November 28,
1878.
Sir: I have to acknowledge the receipt of your
honor’s note of the 25th instant, in reply to the one addressed by me to
you on the 21st instant, giving information of Mexican criminals, who,
having committed robberies in Arizona, had fled to Sonora for
refuge.
I tender my thanks for the assurance given that the Federal and State
governments of Mexico will endeavor to prevent these criminals from
remaining unpunished, and I hope their efforts in that direction may not
be without good results.
I will communicate a copy of your honor’s note to the Department of State
at Washington, and call its attention in a special manner to the
proposition contained therein for a reciprocal extradition by each
nation of its citizens who have committed crimes in the territory of the
other.
With the renewed assurances of my most distinguished consideration, I
remain your honor’s obedient servant,
