No. 828.
Mr. Bayard
to Mr. Whitehouse.
Washington, November 22, 1888.
Sir: I desire to acknowledge the receipt of your No. 182, of the 12th instant, relative to the case of Shields and Wilson, and to approve your course in treating the question of their extradition before Mr. Mariscal.
Owing to the informality of the proceedings of the authorities in this country, this Department has been embarrassed in dealing with the case. When the Department’s telegram of the 10th instant was sent, directing you to make formal requisition, it was supposed that the papers in the case had been placed in the hands of the legation by Marshal Rankin, who it was understood had long since started for the City of Mexico.
In respect to your suggestion that Article II of the treaty of 1861, which provides tor requisitions by the governors of border States or Territories tor crimes therein committed, might have been resorted to, it is to be observed that this would not apply to the case of Shields and Wilson, who are charged with the commission of an offiense against Federal law in the State of Texas. For such an offense it would not be within the province of the governor of Texas to request extradition.
I am, etc.,