[Inclosure 1 in No. 266.]
Mr. Jackson to Mr.
Mariscal.
Legation of the United States,
Mexico
,
July 6,
1886.
Sir: I am in receipt of an official
communication from J. Harvey Brigham, esq., consul of the United States
at El Paso del Norte, accompanied by affidavits of several persons, from
which it appears that, on the 23d of June last, Mr. A. K. Cutting, an
American citizen of respectable character, was imprisoned in that city,
by order of the judge of the second court, Hon. Roque Castañeda; that
the place of his incarceration is “loathsome and filthy”; “that he is
locked up with eight or ten other prisoners * * in jail for various
offenses * * in one room 18 by 40 feet, with only one door, which is
locked at night, making it a close room in every respect, there being no
other means of ventilation. The room is filthy and unwholesome, with
only a ground floor.”
The affidavits further establish the facts that Mr. Cutting is not only
able to give ample security from the best and wealthiest men of the city
for his appearance to stand his trial, but that he actually offered such
bail and it was refused; that he thereupon applied to the United States
consul for protection, which Mr. Brigham undertook to extend in a
respectful note addressed to the judge, but that his interposition met
with contemptuous silence, and that Mr. Cutting has been retained in
jail despite of it.
The affidavits further show that the only offense charged against him is
the publication of a “card,” addressed “to Emigdio Medina, of Paso del
Norte,” in a newspaper published in El Paso, which reflects upon the
character of the latter.
It is not my purpose in this note to discuss the question whether a
Mexican court can take jurisdiction of an offense committed upon the
soil of Texas, nor to enter into the merits of the controversy between
Mr. A. K. Cutting on the one hand, and Mr. Emigdio Medina on the other.
I learn that these matters have been submitted by Mr. Brigham, the
consul, to the Department of State at Washington. My object is simply to
direct the attention of your excellency to the fact that an American
citizen, of respectable character, charged with no serious crime, but
with acts which, even if he be guilty, constitute the simplest of
misdemeanors, is now undergoing a very severe punishment before
conviction, and after offering the best of security for his appearance
to stand his trial; and that his health, and even his life, are placed
and held in jeopardy, despite of the efforts of an official
representative of his country in his behalf. But for this serious aspect
of the case I should have awaited instructions from my own Government
before approaching your excellency on the subject, and do so now only
for the purpose of praying that proper relief may be extended to Mr.
Cutting at the earliest moment and through the speediest practicable
channel.
I seize, &c.,
[Inclosure 2 in No.
266.—Translation.]
Mr. Mariscal to Mr.
Jackson.
Department of Foreign Affairs,
Mexico
,
July 7,
1886.
Mr. Minister: I have the honor to acknowledge
receipt of your excellency’s communication, dated the 6th instant,
relative to the imprisonment in Paso del Norte of Mr. A. K. Cutting, and
to state that by advice of the President I to-day address the governor
of the State of Chihuahua recommending him to see that prompt and due
justice be administered, to the alleviation of the rude situation in
which Mr. Cutting is found, as well as all else permitted by the
laws.
Promising to communicate to your excellency as soon as received the reply
of the said governor, it pleases me to renew, &c.,
