No. 335.
Mr. Jackson to Mr. Bayard.
Legation of
the United States,
Mexico, August 27, 1886.
(Received September 4.)
No. 301.]
Sir: In obedience to the instruction contained in
your No. 233 of 14th instant, I had prepared a note to Mr. Mariscal, to be
accompanied by a copy of the report of Consul Linn, in regard to the
kidnapping and
[Page 719]
killing of
Francisco Arresures, and was upon the eve of sending it to the foreign
office when I received the note from Mr. Mariscal upon the same subject, a
copy of which is herewith inclosed, with translation. From its perusal you
will discover that it contradicts, in many essentials, the statements
contained in the consul’s report:
- First, as to the alleged declaration of intention by Arresures,
whose correct name is said to be Erresuris, to become a citizen of
the United States.
- Secondly, as to the time spent by him on the Texas side of the
river, it being stated that even had he made such declaration, he
would have lost his inchoate citizenship by being domiciled in
Mexico, where he was born; by serving in the Mexican army from 1879
to 1885, and afterwards and up to the beginning of this year in the
Gustom-House Guards of Mexico.
- Thirdly, as to the circumstances under which he left Mexico,
having fired upon officers who were attempting to arrest him for
various crimes, and having escaped by swimming the Rio Grande
River.
- Fourthly, as to his good character in Piedras Negras, it being
intimated that the extradition agent at that place was evidently
acquainted with his bad reputation, and therefore ordered his
immediate arrest and transfer to Mexican territory.
- Fifthly, as to the nature of that transfer, which was not
accomplished under the provisions of the extradition treaty between
the two countries, but through the “officious” action of the Texan
authorities.
- Sixthly, as to the demand made by Consul Linn for his restoration
to those authorities, it being contended that the consul did not
apply in due form or to the proper power for his return; and,
- Finally, as to the facts of the killing of Erresuris, it being
distinctly averred that while he was being conducted to where the
court to try him was sitting, in an effort to make his escape he
wrenched from one of his three guards a rifle, with which he wounded
the horse ridden by the guard.
After receiving this note from Mr. Mariscal it seemed to me that it would be
impolitic to supply him with the report famished by Consul Linn, until the
consul should have had an opportunity to inquire into, and meet, the new
phase given to the case by the report from the Government of Coahuila; and I
determined, for the purpose of saving time, to send a copy of Mr. Mariscal’s
note directly to him, with a letter from myself, of which I now transmit a
copy.
I am, &c.,
[Inclosure 1 in No.
301.—Translation.]
Mr. Mariscal to Mr.
Jackson.
Department of Foreign Affairs,
Mexico, August 26,
1886.
Mr. Minister: Referring to the note I addressed
to your legation on the 10th instant, I have the honor to state to your
excellency that I have just received from the governor of the State of
Coahuila the report rendered by the judge of the district criminal court
of the Rio Grande relative to’ the matter the investigation of which
your excellency was pleased to request in your communication of July
30th, last.
From said report and from the observations made by the governor, it
appears that the person treated of was called Francisco Erresuris; that
he is certainly mistaken for his father, of the same name precisely,
when it is stated by some that in 1873 he declared his intention of
becoming an American citizen, for at that time, being at most
[Page 720]
only eighteen years of age, he
was not old enough to take that step; that, even if he had attained said
nationality, he would have lost it later on for being domiciled in this
country, where he was born; he served in the Mexican army from 1879 to
1885, and afterwards, up to the beginning of this year, he belonged to
the Custom-House Guards of Mexico; that when, on account of various
crimes ho had committed, the political authorities of Piedras Negras
ordered his arrest, he fired on the officers and escaped, swimming the
Rio Grande; that on the 28th ultimo, his provisional arrest was asked
for from the deputy sheriff at Eagle Pass, pending the compliance with
the conditions necessary to his extradition; but the extradition agent
at said place, acquainted, evidently, with his (Erresuris’s) reputation,
immediately ordered not only his arrest but his transfer to Mexican
territory by American police; that the prisoner was received in Piedras
Negras by the commander of the guards of public safety, who placed him
in jail at the disposition of the judicial authorities; that on the
following day the American consul at Piedras Negras visited the said
commander, informing him verbally and confidentially that according to a
letter he received from one of the American policemen, Erresuris was
believed to be a citizen of the United States, for which reason ho
besought his return; that the commander replied that he could not make
the transfer as the prisoner had been consigned to the proper
authorities, to whom the consul might apply; that the latter loft
without indicating any fixed intention, and that when the criminal was
taken out of the jail to be conducted to Zaragoza, where the court to
try him was sitting, he tried to escape on the road by wrenching from
one of his three guards his rifle, with which he wounded the horse
ridden by the guard; that then the guard with his pistol and another
with his rifle shot and killed him (Erresuris).
From the above it is inferred that honorable Mr. Bayard has been
ill-informed regarding the case of Francisco Erresuris and the cause of
his death; for, neither was he an American citizen, nor was he delivered
over by virtue of requisition, but in an officious manner by the
American authorities, who, not content with his arrest, but influenced
by his criminal reputation, ordered that he be forthwith conducted to
Mexican territory. Lastly, it is not apparent that the United States
consul at Piedras Negras applied in due form and to the proper
authorities for the return of this supposed American citizen.
It gives me pleasure, &c.,
[Inclosure 2 in No. 301.]
Mr. Jackson to Mr.
Linn.
Legation of the United States,
Mexico, August 27,
1886.
Sir: The copy of a note just received by me
from Mr. Mariscal in regard to the killing of Francisco Erresuris, which
I inclose herewith, will explain itself. I send it directly to you to
the end that, knowing the Mexican side of the case, you may be the
better able to make such inquiries and to secure such facts as will
controvert the report received from the government of Coahuila and
sustain the report made by yourself to the Department of State, under
date of August 3, 1886.
I will send a copy of this letter to the Department, which will doubtless
give you further instruction in the premises, perhaps by telegraph.
I am, &c.,
