I thereupon addressed a communication to Mr. Mariscal, copy whereof I have
the honor to attach, bringing to his notice the views stated in your said
instruction, and expressed the belief that the Mexican Government will
promptly take appropriate action, if not already taken, without delay, in
accordance therewith.
[Inclosure in No. 184.]
Mr. Ryan to Mr.
Mariscal.
Legation of the United States,
Mexico
,
December 7,
1889.
Sir: Referring to Your Excellency’s unofficial
communication of the 25th ultimo to Mr. Whitehouse touching the arrest
of Captain Stilphen, of the American schooner Robert
Ruff, I beg to state that I have this day received from my
Government specific instructions to bring to Your Excellency’s notice
the views hereinafter stated, not doubting that the Mexican Government
will probably take appropriate action, if not already taken, without
delay, in accordance therewith.
It appears that the ground on which Captain Stilphen had been arrested
was that on a previous voyage from Coatzacoalcos he assisted an American
citizen named Patton, charged with assault and battery at that place, to
escape. The facts in the case, as they were stated to my Government,
were that Patton, who was accused of the offense alleged, but who had
not been arrested, took passage on the schooner for the United States.
When the schooner was about 9 miles from land on the high seas and
outside the jurisdiction of Mexico, she was approached by a boat, on
board of which were certain persons in citizens’ clothes, one of whom,
who spoke in Spanish, exhibited a piece of paper, and apparently
solicited Patton’s surrender. He did not, however, come on board of the
schooner, and Captain Stilphen kept her on her course, paying no
attention to the demand apparently made upon him. For this act he was
upon his return to Coatzacoalcos arrested on the charge of aiding a
criminal to escape.
My Government is of the opinion that, upon the facts stated, there is no
ground for Captain Stilphen’s detention, and that he should be set at
liberty without delay, if that step has not been already taken. As my
Government is informed, the Robert Ruff at the
time the demand was made upon her master was clearly outside of the
jurisdiction of the Mexican Government, and was an American vessel on
the high seas, within the exclusive jurisdiction of the Government of
the United States. She was not, therefore, in any respect subject to the
criminal laws of Mexico, and her commander was not, and is not,
answerable to those laws for acts then and there committed. For the same
reason the demand upon him was unauthorized and illegal, and one which
he would not have been justified in conceding.
Merchant vessels on the high seas being constructively considered, as for
most purposes, a part of the territory of the nation to which they
belong, they are not subject to the criminal laws and processes of
another nation, and any attempt of the officers or citizens of the
latter to execute and serve such laws and processes on board of them can
only be regarded as an illegal proceeding, which their masters and crews
are justified in not only disregarding, but also in resisting.
It gives me pleasure, etc.,
