You will perceive that he apprehends that your suspension of the demand for
the delivery of Gutierrez implies that it may be renewed after that officer
has been punished by his own Government.
While he can not expect that you will now make any definite promise that this
demand shall not be renewed, I trust that the punishment which the Mexican
Government is determined to inflict upon Gutierrez will satisfy all the
requirements for the vindication of the integrity of our territory and
jurisdiction.
I am, etc.
[Inclosure in No.
118.—Translation.]
Mr. Mariscal to Mr.
Manning.
Department of Foreign Affairs,
Mexico, April 14,
1887.
Mr. Minister: I have not had the honor to
answer your excellency’s note dated the 21st ultimo, because I was
awaiting the result of the proposition which I made, verbally, in our
interview of the 6th instant, to the effect that the Government of the
United States should desist from its demand for the delivery of
Lieutenant Gutierrez, in order that he might be tried by the Mexican
authorities and suffer in company with the colonel, under whose orders
he was in Nogales, a severe punishment—all of which would be impossible
in the event that said lieutenant was tried in Arizona, where he would
merely receive a punishment light in comparison with the merits of his
military offense. The result would be that a like light punishment would
release him from further castigation in Mexico, as our constitution
prohibits the prosecution of any one twice for the same offense; on the
other hand, it would seem unjust to visit a punishment more severe upon
the colonel.
These reasons, among others which I had the honor to set forth in said
interview, were, I understood, communicated by your excellency by
telegraph to the Secretary of State of the United States, and as your
excellency personally informed me he agreed to suspend the demand for
the delivery of the offending lieutenant pending the proceedings against
him, on the condition that the Mexican Government would recognize the
right of your excellency’s Government to make that demand, as also in
the light of a friendly act towards Mexico.
I acknowledge the spirit of friendship actuating Mr. Bayard in this
matter, although the reasons I alleged demonstrate that what I requested
was the most expedient course for both countries to pursue. I also
willingly accede that your excellency’s Government has had a certain right to request that matters should be
restored to their status quo by returning
Gutierrez to the power of the Arizona authorities who held him a
prisoner, for it is not a question of a Mexican fugitive from foreign
justice, but of one who was forcibly rescued by Mexican soldiers who
entered the neighboring territory armed, without any legal pretense or
excuse of any kind, and certainly without order or warrant on the part
of the Mexican Government.
Still, with the same frankness with which I admit the foregoing, I should
state that I confidently trust in the good sense and friendly
disposition of the Government so worthily represented by your excellency
that the suspension of the demand referred to pending the proceeding
against Gutierrez does not imply the possible contingency of a renewal
thereof after the said party has been judged and duly punished. I can
not imagine such a contingency; hence I abstain from all reasoning
thereupon. Rather, in closing this note, I take pleasure in expressing
the sincere conviction that touching the unfortunate events at Nogales
the honorable Mr. Bayard and your excellency as well have exhibited a
spirit of friendly conciliation worthy of notice and of eulogy.
In this connection, etc.,
