Mr. Uhl to Mr. Romero.
Washington, January 11, 1894.
Sir: I have the honor to acknowledge the receipt of your note of the 9th instant, relative to one Victor Ochoa. You state that this person was, in proceedings for his extradition instituted before a U. S. commissioner by the Mexican consul at El Paso, released on the ground that his Mexican citizenship was not proved. You express the opinion that, under an extradition treaty, it is incumbent on a person demanded in extradition, who claims exemption on account of his citizenship, to prove affirmatively that citizenship.
Mentioning that Ochoa since his release has again been guilty of crime in Mexican territory, and intimating that his extradition may be again requested by your Government, you state that this information is given in order that, should such request be made, this Government may advisedly determine what it will be expedient to do in view of its own interest, in order that crimes committed on the frontier may not go unpunished.
In reply I have to say that this Department, whatever its own views may be as to the burden of proving citizenship, when that is relied on as a defense against extradition, can not compel the U. S. commissioner or other judicial officers to act upon its views.
You may rest assured that any communication or request from you, in respect to the party of whose acts you complain, will receive the careful consideration of this Department.