No. 438.
Mr. Manning to Mr. Bayard.

No. 87.]

Sir: In connection with my No. 84, of the 9th instant, I have the honor to inclose herewith translation of a note from Mr. Mariscal, dated the 11th instant, touching the troubles at Nogales. You will observe, that he says the fugitive, Lieutenant Gutierrez, has been captured by the Mexican authorities, and will be rigorously punished by them, and also all others who are responsible for the affair. The “all others” means Colonel Arvizu, who Mr. Mariscal personally assured me should be punished so promptly and severely as to discourage in others the rash conduct of which he has been guilty.

I am, etc,

T. C. Manning.
[Page 695]
[Inclosure in No. 87.—Translation.]

Mr. Mariscal to Mr. Manning.

Sir: I have the honor to reply to your excellency’s esteemed note of the 8th instant, relative to the spontaneity displayed by the Mexican Government in the arrest and punishment of the participators in the disturbance which lately occurred at Nogales, Arizona Territory.

It gratifies me very highly that your excellency should have so courteously recognized the spontaneity to which I refer. Still, as in said note, you are pleased to manifest your satisfaction, not only at the measures take for the punishment of those who rescued the prisoners, but also for the steps tended obviously to deliver those prisoners to the Arizona authorities, I find myself obliged to place in writing what I had the honor to state in the interviews we held, and which is as follows:

During the first interview I said that my Government would do all that was possible to punish in an exemplary manner the guilty parties and give full satisfaction to the Government of the United States. In consequence of this statement, your excellency addressed me the note, to which I have the honor to reply.

Moved by its contents, and having also received on that afternoon a telegram from Mr. Eomero to the effect that Hon. Mr. Bayard had informed him that the difficulty could be arranged either by Mexico returning the prisoners, which it was by no means obliged to do, or punishing them itself, I toot the liberty of summoning your excellency to a second interview. I therein corrected the mistaken idea you seemed to hold, reminding you that my offer was that prompt and due justice would be administered, and the Government of the United States be satisfied. I added that such a promise did not involve the return of the prisoners (or rather prisoner, for there was but one), and that I was also highly pleased to learn that Mr. Bayard should view with satisfaction and an elevated judgment, worthy of praise the practicability of terminating the matter without extraditing a Mexican, a process involving many difficulties. Among other things, I referred to the fact that all the guilty parties could not be tried in the absence of some of them, and I especially alluded to the irritation, even though unfounded, which that extradition would cause in the Mexican town upon the frontier as contrasted with the spirit of conciliation and harmony which should be cultivated.

It has appeared advisable to me to thus chronicle these occurrences, especially as in that second interview your excellency did not question the accuracy of my assertons.

I should add that the efforts of the Mexican authorities to arrest the fugutive Gutierrez have been happily successful, and that person is now in jail; also that the Government of the United States may rest assured that Gutierrez, as well as all others who are responsible for the annoying affair I allude to, will be rigorously punished.

I renew, etc.,

Igno. Mariscal.