Mr. Romero to Mr.
Gresham.
[Translation.]
Legation of Mexico,
Denver,
Colo., September 6,
1893.
Mr. Secretary: I have the honor to inform you
that I have received instructions from my Government to lay before that
of the United States of America a formal complaint on account of the
violation of Mexican territory committed at Nogales, Mexico, during the
afternoon of the 23d of July last, by John Roberts, deputy sheriff at
Nogales,
[Page 440]
Ariz., in arresting
Jesus Garcia, a Mexican citizen, who had had a fight with Celedonio
Carrillo, likewise a Mexican citizen, within the limits of the latter of
the above-named cities.
You will find a detailed statement of all that took place in connection
with this unfortunate incident in the inclosed copy of a note from Mr.
Mariscal, secretary of foreign relations of the Mexican Government,
dated City of Mexico, August 4, 1893, and in the six documents
accompanying the same, a copy of which I also herewith transmit.
It appears from these documents that Deputy Sheriff Roberts, accompanied
by Alfonso Bachelier, a citizen of the United States, crossed over into
Mexican territory for the purpose of arresting Garcia. Miguel Braka,
also a citizen of the United States, told them in time, in a loud voice,
and in the presence of several witnesses, that they were in Mexican
territory, notwithstanding which Bachelier knocked Garcia down; Roberts
beat him while he was prostrate and unable to defend himself, and both
dragged him by the feet until they got him on the soil of Arizona, in
doing which they were assisted by William Mehan, also a citizen of the
United States.
The day after these unfortunate occurrences—i. e., on the 24th of July
last—after Garcia had been under arrest for several hours, Roberts asked
and obtained from Eugene K. Sykes, justice of the peace at Nogales,
Ariz., a warrant for the arrest of Garcia, who was tried and sentenced
to pay a fine of $60, or to be imprisoned for sixty days, although
several witnesses of both nationalities testified that the arrest had
been made in the State of Sonora.
These proceedings caused such indignation on both sides of the boundary
line that Judge Sykes thought proper, on the day after he had pronounced
the sentence, to order Garcia’s release.
The same deputy sheriff, on whose testimony Judge Sykes sentenced Garcia,
did not state that he had arrested Garcia in the United States
Territory, but said, as appears from the sentence pronounced by Judge
Sykes (which I herewith transmit among the inclosures), that he had
arrested Garcia on the boundary line dividing the United States from the
Republic of Mexico.
The President of the United States of Mexico has consequently given
orders that this legation shall lay a formal complaint before the
Department of State of the United States, not only on account of the
offense done to Mexico by that United States officer in performing the
functions of his office on Mexican soil, but also on account of the acts
of violence and cruelty committed in the territory of both countries on
the person of Jesus Garcia, and on account of the imprisonment to which
Garcia was sentenced by Judge Sykes in defiance of all law and right.
The President has further given orders that this legation be instructed
to ask that Deputy Sheriff Roberts and his accomplices be punished as
they deserve, and that a suitable indemnity be paid to the
complainant.
My Government instructs me, furthermore, to call the serious attention of
your Department to the frequency with which violations of Mexican
territory have recently been committed by United States officers, an
instance of which is afforded by the entrance into Mexico of Texas
rangers, who advanced as far as the town of Tres Jacales, in the State
of Chihuahua, for the purpose of arresting Jesus Holguin.
Right, equity, and good neighborly relations require that the authorities
of each country respect the territory, laws, and authorities of the
neighboring nation. Abuses in such cases might give rise to serious
conflicts, as well as to bad feeling and excitement on the frontier
[Page 441]
between two friendly
countries, whose Governments desire to cultivate and draw closer their
relations of amity, commerce, and neighborliness. The Mexican Government
has been inflexible in punishing the guilty parties in such cases, and
it therefore considers itself fully justified in asking the United
States Government to see that the guilty parties in the present case are
punished, feeling convinced, as it does, that the best way to put a stop
to these outrages and to prevent their occurrence in future is for both
Governments to be firmly resolved not to allow them to go unpunished,
and to let this resolution be known.
Be pleased to accept, etc.,
[Inclosure—Translation.]
Mr. Aspiroz to
Mr. Romero.
During the afternoon of the 23d of July last, John Roberts, deputy
sheriff of Nogales, Ariz., crossed the boundary line, and at
Nogales, Sonora, arrested, with the assistance of Alfonso Bachelier,
a citizen of the United States, Jesus Garcia, a Mexican citizen, who
had had an unimportant fight with Caledonio Carrillo, likewise a
Mexican, within the limits of the first-named of the above
cities.
Roberts and Bachelier were aware that they were committing an
unlawful act in making the said arrest on foreign soil, because
Miguel Braka, an American who witnessed the act, told them in time
in a loud voice and in the presence of various persons that they
were in the territory of Mexico.
The sheriff in making the arrest beat Garcia, who was unable to
defend himself, and who made no resistance, because Bachelier had
knocked him down, and the aforesaid Roberts and Bachelier together
dragged him by the feet until they got him into Arizona, where they
beat him again. While he was being taken to prison he was also
beaten by William Mehan, another citizen of the United States.
On the following day, the 24th, Roberts obtained from Eugene K.
Sykes, justice of the peace, a warrant for the arrest of the alleged
offender, who was already under arrest; he took him before the said
judge, who tried him. At his trial several witnesses of both
nationalities testified that Garcia had been arrested in the State
of Sonora. At the trial the consul of Mexico was present,
accompanied by an intelligent lawyer, Mr. Eb. Williams, and
protested against the arrest, showing that the proceedings were
legally null and void, notwithstanding which Jesus Garcia was
sentenced to pay a fine of $60 or to be imprisoned for sixty
days.
These acts caused general indignation on both sides of the boundary
line, in consequence of which Justice Sykes decided to release
Garcia, first explaining that he did so with a view to putting a
stop to unfavorable comments touching the measures that had been
adopted, and also to furnishing evidence that fraternal sentiments
are entertained in Arizona toward Mexico. The consul, to whom notice
of this was given, accepted Garcia’s release, but took care to state
that he should not consider it as a favor granted, but as a decision
justly demanded and pronounced by the court in the discharge of its
strict duty.
Inclosed you will find documents which fully prove the facts stated.
On the basis of these the President has seen fit to order that you
be
[Page 442]
instructed to lay a
formal complaint before the Department of State on account of this
unwarrantable violation of Mexican territory, of the acts of
violence and cruelty committed, both in and out of that territory,
on the person of Jesus Garcia, and also of the wholly illegal arrest
of that Mexican citizen. You will, moreover, ask that a suitable
indemnity be paid to the complainant, and that Deputy Sheriff
Roberts and his accomplices in the United States receive proper
punishment.
The President has further directed me to instruct you to take this
opportunity to call the serious attention of the Department of State
to the frequency with which violations of the territory of Mexico
are repeated by United States officers, in which connection you may
refer to the recent case of the invasion by Texas rangers, who
advanced as far as the town of Tres Jacales, in the State of
Chihuahua, for the purpose of apprehending Jesus Holguin. These
rangers, on meeting with resistance, occupied the houses of various
residents in order to sustain a combat, in which, although Capt.
Frank Jones of the rangers lost his life, Holguin and one of his
sons were wounded, great scandal being caused thereby, together with
much injury to the inhabitants of the house occupied.
Such invasions deserve severe punishment, and Mexico has been
inflexible in enforcing her laws in the case of those of her
citizens who have been concerned in them. They might give rise to
very serious conflicts, as was on the point of happening at Tres
Jacales, when quite large numbers of citizens of Texas and Chihuahua
were preparing for a fight, the consequences of which would have
been lamentable.
The documents which I herewith transmit are the following copies:
Note No. 3, dated July 26, from the consul of Mexico at Nogales,
Ariz.; warrant issued on the 24th of July by Justice Sykes,
authorizing Deputy Sheriff’ Roberts to arrest Jesus Garcia, who had
been arrested on the 23d; docket of the court and sentence of
Garcia; order for Garcia’s release; judicial inquiry held at
Nogales, Sonora, relative to the arrest of the aforesaid Garcia;
letter from Garcia, asking that he may receive a pecuniary
indemnity, and that the guilty parties may be punished.
I renew to you, etc.,
[Subinclosure
1—Translation]
Mr. Pasalagua
to the Minister for Foreign
Affairs.
Consulate of the United States of Mexico,
Nogales, Ariz., July 26, 1893.
No. 3.]
I have the honor to inform you that on Sunday last, the 23d of July,
between 5 and 6 o’clock in the afternoon, John Roberts, deputy
sheriff at Nogales, Ariz., accompanied at his own request by Alfonso
Bachelier, an American citizen, crossed the boundary line in pursuit
of Jesus Garcia, a Mexican, and after having cruelly beaten him they
arrested him at Nogales, Sonora, within a few steps of boundary
monument No. 122. As soon as they had the aforesaid Jesus Garcia in
their power, they recrossed to the United States, taking him to the
jail at Nogales, Ariz. While they were making that arrest in our
territory, Miguel Braka, who was present, told Deputy Sheriff
Roberts that he was committing an illegal act, and that he was
incurring very grave responsibility by so doing; but Roberts paid no
attention to his warning. When they had reached the territory of the
United States, and were taking Jesus Garcia to prison, Roberts,
Bachelier, and another American, named William Mehan, who had joined
them, kept beating Garcia cruelly.
Jesus Garcia was arrested for some trifling offenses which he had
committed at Nogales, Ariz., and he was pursued on that account.
As soon as I heard of the occurrence, which caused great indignation
on both sides of the frontier, I addressed a communication to the
municipal president of Nogales, Sonora, requesting him to furnish
official data with proof relative to the invasion. The local judge
of Nogales, Sonora, at once began an inquiry with regard to the
[Page 443]
occurrence and took the
depositions of a number of witnesses, some of whom were Mexicans and
others Americans.
Jesus Garcia, the prisoner, was tried before Eugene K. Sykes, the
American justice of the peace, on Monday last, the 24th instant. I
went to court, together with an American lawyer named Eb. Williams,
a respectable and intelligent person, for whose assistance I applied
in view of the urgent and delicate nature of the case. Both my
lawyer and I protested before the justice on account of that
unwarrantable arrest. The justice paid no attention to our protests,
and Jesus Garcia was immediately sentenced to be imprisoned for
sixty days for the offenses which he had committed and for resisting
an officer.
Mr. Williams, the lawyer, advised me to address the district judge at
Tucson without delay, asking for a writ of habeas corpus in the
prisoner’s behalf, and we were about to take that course when
yesterday, Tuesday, the 25th, at 9 o’clock a.m., I was summoned to
the court on important business. Justice Sykes told me on my arrival
that he considered that Garcia had been legally and properly
arrested, but that as a special favor to Mexico, and owing to the
bad effect which that arrest had had, he was going to release
Garcia. I protested, telling the justice that he was doing no favor
to Mexico by releasing Garcia, inasmuch as his arrest had been
wholly illegal and arbitrary. Jesus Garcia was immediately
surrendered to me, and I, in person, accompanied by Lawyer Williams,
took him to Nogales, Sonora.
I consider that my mission terminates here, for I do not think that
it is any part of my duty to apply to the American authorities for
the punishment of Deputy Sheriff Roberts. Such a demand, in case it
is made, should be made by the Department under your worthy
charge.
On the 24th instant, in the afternoon, I addressed a long telegram to
you giving a report of the case. Yesterday, the 24th, I informed
you, likewise by telegraph, that Garcia had been released. My
inclosure No. 1 is an official copy of all that has been done in
this case by Justice of the Peace Sykes.
Inclosure No. 2 is a communication addressed to this consulate by
Jesus Garcia, wherein he asks for an indemnity from Sheriff Roberts
for the injuries suffered by him in consequence of his illegal
arrest and of the bad usage which he received. His claim is, in my
opinion, a very good one.
My inclosure No. 3 is an official copy of the preliminary proceedings
held in this case by the justice of the peace at Nogales, Sonora, in
which you will find a full statement of all the particulars
connected with the matter which forms the subject of this note,
which matter is, in my opinion, of the highest importance, and I do
not doubt that the Government at Washington will cause the guilty
parties to be punished as they deserve as soon as it is informed
concerning the facts.
I reiterate to you, Mr. Minister, etc.,
A copy. City of Mexico, August 4, 1893.
[Subinclosure
2—Translation.]
Statement of Jesus Garcia.
To the Citizen Consul of the
United States of Mexico, at Nogales, Ariz.:
I, Jesus Garcia, a Mexican citizen, respectfully inform you:
That on Sunday, the 23d instant, at about 5 o’clock p.m., I was
arrested in Mexican territory by Sheriff John Roberts, of Nogales,
Ariz., he being assisted by Alfonso Bachelier, an American citizen;
that the aforesaid sheriff took me to the jail at Nogales, Ariz.,
where I was kept in confinement until Tuesday the 25th, at 9 o’clock
in the morning: that on the way from the time of my arrest until we
reached the jail Sheriff Roberts, Alfonso Bachelier, and William
Mehan kept beating me. Alfonso Bachelier and William Mehan assisted
in my arrest at the request of Sheriff Roberts.
I therefore beg you to bring these facts to the notice of the
department of foreign relations of the Republic, to the end that it
may, in the usual manner, ask the United States Government that the
guilty parties may be punished, and that I may be indemnified by
Sheriff John Roberts for the blows, maltreatment, and illegal arrest
to which I was subjected, the amount of the indemnity which I claim
being $2,000.
I beg you, sir, to accept, etc.,
Florencio
Vaga,
For
Jesus
Garcia.
Nogales,
Ariz., July 30,
1893.
A copy. Mexico, August 4, 1893.
[Eight pages and a half follow containing a report of the
judicial inquiry held at Nogales, Sonora.]
