No. 772.
Mr. Bragg
to Mr. Bayard.
Legation of
the United States,
Mexico, March 8, 1888.
(Received March 19.)
No. 5.]
Sir: Upon receipt of your telegram of the 5th
instant I addressed Mr. Mariscal a note on the case of Henry Brudigam, copy
whereof I now iuclose, and which I trust will meet with your approval.
I also inclose translation of a note from Mr. Mariscal, who has asked an
explanation from the governor of Chihuahua.
I am, etc.,
[Inclosure 1 in No. 5.]
Mr. Bragg to Mr.
Mariscal.
Legation of the United States,
Mexico, March 6,
1888.
Sir: I have the honor to advise you of a
dispatch from my Government, received last evening, in effect that one
Henry Brudigam, an American citizen, after three years’ detention at
Chihuahua, on charge of the murder of one Domingo Steiner, was tried,
acquitted, and released October 29 last, but was re-arrested for the same crime on November 2, 1887, and tried
and convicted on the 16th ultimo. Whether sentenced or not my Government
is not advised. The fact, as alleged, of a re-arrest, trial, and
conviction, after trial and acquittal for the same crime, if true,
presents a grave question, requiring the intervention [Page 1143] of my Government for the protection of
an American citizen, as it would seem to be an act in violation of one
of the fundamental guaranties of the Constitution of the United States
of Mexico, which has recognized as a governing principle among civilized
nations, that the plea of autrefois acquit, if
found true, is always a bar to a conviction. My Government is fully
impressed with the belief that the merely calling attention to your
excellency of the case will lead you to recommend such action by your
Government as will cause a suspension of sentence and a prompt
examination into the facts, to the end that justice and the principles
of law and good government may prevail.
I am instructed to represent to your excellency that the earlier
examination which can be made into the facts, and information given to
my Government of the result of such examination, will prevent
complications and any bitterness of feeling that might arise by any
unnecessary delay.
Trusting that my application to you will meet with a prompt and favorable
response, and that my Government may be advised of the progress and
result of your investigations, with renewed assurances to your
excellency of my highest esteem,
I remain, etc.,
[Inclosure 2 in No.
5.—Translation.]
Mr. Mariscal to Mr.
Bragg.
Department of Foreign Affairs,
Mexico, March 7,
1888.
Mr. Minister: I have the honor to answer your
excellency’s note, dated yesterday, relative to the case of the American
citizen Henry Brudigam, informing you that I have to-day forwarded your
note to the governor of the State of Chihuahua, and have requested him
to advise me as speedily as possible touching the acts complained
of.
Reserving the satisfaction of communicating to your excellency as soon as
received the reply of the governor, I reiterate, etc.,
