Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

No. 816.
Mr. Whitehouse to Mr. Bayard.

Legation of the United States,
Mexico, November 1, 1888. (Received November 9.)

No. 178.]

Sir: I have the honor to advise you that I received night before last a telegram from United States Marshal Rankin, San Antonio, Texas, relating to the arrest of Shields and Wilson, which reads as follows:

Will proceed to Muzquiz to get prisoners in four days.

John T. Rankin,
United States Marshal.

I accordingly wrote Mr. Mariscal yesterday, requesting that the governor of Coahuila be recommended to deliver the prisoners to Marshal Rankin on the presentation of the proper documents.

Mr. Mariscal, however, in answering my note, under same date, draws my attention to the fact that as yet the extradition of these men has not been formally requested, “as Mr. Bragg offered to do in his note of July 22, last.”

“As soon as this is done,” he goes on to say, “in accordance with the treaty of December 11, 1861, the respective papers will be passed upon by this department, and if extradition proceedings follow, the delivery of the prisoners to Marshal Rankin shall be ordered.”

As this legation is supplied only with very meager details of the accusation against these men, and is ignorant in which State the crime was committed, I am not aware if Article II of the treaty of 1861 would apply to their case.

I saw Mr. Mariscal this morning, and asked him, unofficially, if, as a matter of convenience, the governor of Coahuila could not be instructed to hand over the prisoners to Marshal Rankin on the delivery of the necessary documents.

This Mr. Mariscal did not seem disposed to do, urging that it would establish a dangerous precedent with the local authorities, and objecting to such an “informal” proceeding as practically ignoring the provisions of said treaty.

Having presented the request as a mere case of convenience for both sides, I did not urge the matter further.

It is barely possible that the governor of Coahuila may take upon himself the necessary authority to deliver the prisoners to Mr. Rankin upon the presentation of his papers. If not, I fear it will be necessary for the marshal to come to this city and submit his papers; when the matter must be put through in due form, through the channel of a formal request for extradition by this legation.

I am, etc.,

H. Remsen Whitehouse.

[Inclosure 1 in No. 178.]

Mr. Whitehouse to Mr. Mariscal.

Legation of the United States,
Mexico, October 31, 1888.

Sir: Referring to the extradition of Gulie Shields and Isaac Wilson, I received last night a telegram from United States Marshal Rankin informing me that he will he in Muzquiz in four days.

As Mr. Rankin proceeds direct to Muzquiz in order to save time, I would earnestly request that your excellency be kind enough to recommend the governor of Coahuila to deliver to Mr. Rankin the prisoners on presentation of the proper documents.

I take, etc.,

H. Remsen Whitehouse.

[Inclosure 2 in No. 178.—Translation.]

Mr. Mariscal to Mr. Whitehouse.

Department of Foreign Affairs,
Mexico, October 31, 1888.

Mr. Chargé d’Affaires: I have the honor to reply to your esteemed note of even date, relative to the extradition of Gulie Shields and Isaac Wilson, advising you, as you may see by the documents relative to the case on file in your legation, that as yet the extradition of these parties has not been formally requested, as Hon. E. S. Bragg offered to do in his note of July 22 last.

As soon as this is done, in accordance with the treaty of December 11, 1861, the respective papers will be passed upon by this department, and if extradition proceedings follow the delivery of the prisoners to Marshal Rankin shall be ordered.

I reiterate, etc.,

Ignacio Mariscal.