Mr. Olney to Mr.
Romero.
Department of State,
Washington
,
December 1,
1896
.
No. 186.]
Sir: In connection with my preliminary reply of
October 26 last, to a note from the chargé d’affaires ad interim of
Mexico, of July 15 last, [Page 447]
touching the alleged arrest on Mexican territory of Jesus Garcia by a
deputy sheriff of Arizona, I now have the honor to submit the
following:
On the 3d of October last this Department, desiring for its own
information a full and accurate statement of the facts upon which the
claim of Jesus Garcia against the United States is based, called for a
report from Mr. Hughs Long, consul of the United States at Nogales. Mr.
Long was sent to Nogales as consul from a distant part of the United
States in April, 1896. He was therefore fresh upon the ground and
altogether unbiased, and being a fair-minded man of more than ordinary
intelligence, his report was expected to be of great value in the
conclusion of this matter. Along with the direction to report, the
Department gave the consul the benefit of the statements of fact already
on file, to wit, the memorial of Garcia presented by yourself September
6, 1893, and the affidavits of Roberts and Bachelier, taken in August,
1896.
“After comparing the statements on both sides,” the Department said to
Mr. Long, “you are requested to find out in any manner that may be
possible whether this Mexican citizen was really arrested or maltreated
by citizens of the United States on the Mexican side of the boundary
line as he claims. If you are unable to thoroughly satisfy yourself as
to the real facts the Department will be glad to have your opinion as to
the probabilities in the case. If there is a well-grounded reason to
believe that the arrest may have taken place on the Mexican side, the
Department will be disposed to make proper amends to Mexico and to the
party who may have been injured. Your judgment, as well as the
collection of facts upon which it is based, is desired.”
In response to this instruction Mr. Long sent the Department a report
(No. 13, November 10, 1896), a full copy of which is inclosed for the
information and consideration of yourself and your Government. Among the
inclosures I desire especially to call your attention to a diagram
showing the scene of the arrest of Garcia. From this report, and by
inspection of the diagram—a facsimile of which accompanies the copy of
the report sent to you—it appears that Garcia was guilty of a breach of
the peace on the American side of the international boundary line in a
street known as Morley Arensie, which crosses the boundary line. Officer
Roberts was at the time in the same street on the Mexican side of the
boundary line. He ran northward, crossed the boundary line, and arrested
Garcia while still on American territory and some distance north of the
line. Garcia broke away from the officer, whereupon the latter “called
for help.” Bachelier, who was in the Morley Arensie south of the
boundary line, then ran northward toward the American side, while Garcia
was fleeing southward toward the Mexican side of the line. The two
collided at a point marked “E” on the diagram, which the consul thinks
was between 1 and 2 yards south—on the Mexican side—of the boundary
line. This collision threw Garcia to the ground, and as he lay upon the
ground the greater part of his body was on the American side. His head
and possibly a small portion of his body lay on the Mexican side of the
line. Officer Roberts seized and arrested Garcia as he lay thus upon the
ground.
It is clear from this report that Roberts never put foot upon Mexican
soil while arresting Garcia, and that Garcia was on American territory
when arrested. Bachelier was not an officer, and it does not appear that
he was deputized or summoned instanter by Roberts so as to give him
(Bachelier) for the time being the functions and authority of an
officer. He simply responded to the officer’s call for help. He did not
undertake to arrest Garcia, but ran against him, and both fell to the
[Page 448] ground. The effect, of
course, was to place Garcia in a condition to be arrested by the
American officer, but there was no invasion of Mexican territory by the
officer in making the arrest.
The report shows further that Garcia was an habitual lawbreaker; that he
had gone upon the American side with intent to violate the law and
escape back into his own country before he could be arrested. It was the
officer’s duty, under the circumstances as reported, to arrest him if
lawfully possible, and it appears that so far as the officer is
concerned he did lawfully arrest Garcia.
Even if the Mexican Government should be disposed to take the view that
the assault upon Garcia by Bachelier, and the consequent forcing him
back upon the soil of the United States and within the clutches of the
officer of the law, was a part of the arrest and affected the legality
of the official act, I am disposed to believe that the minister for
foreign affairs will not be willing, after considering the report of
Consul Long, to persevere in claiming indemnity for a man of Garcia’s
character and record as a lawbreaker on both sides of the line; who at
the time of this occurrence had deliberately gone upon American
territory with intent to violate the law; who was first lawfully seized
by a duly authorized officer upon the territory of the United States and
ordered to submit to arrest, but who, in violation of the laws of the
United States, broke away by force from the officer and was recaptured
in the manner above described, without any intent to violate Mexican
territory.
It appears, furthermore, from Mr. Long’s report that there was an
understanding, approved by the governor of Sonora, that this matter was
to end with Garcia’s release.
This Government, as is shown by its instruction to the consul, has been
anxious to make amends if any violation of Mexican sovereignty might
have occurred in making this arrest, but after reading this report I
feel that it is sufficient to refer the facts, as they now appear by the
testimony of a fair-minded and disinterested man, for the consideration
of your Government, in the confidence that this is not a case which
demands the intervention of the Government of Mexico for the protection
of its sovereignty or of the rights of one of its citizens from lawless
invasion.
Accept, etc.,
[Inclosure in No. 186.]
Mr. Long to Mr.
Rockhill.
Consulate of the United States,
Nogales, Mexico
,
November 10, 1896
.
No. 13.]
Sir: In compliance with instructions
received in Department dispatch No. 16, of October 3, I have made a
careful investigation of the arrest of Jesus Garcia, his delivery by
the American authorities to the vice-consul of the United States at
Nogales, Mexico, and the character of the man. There is no question
but what Jesus Garcia is a low-down desperado. Several days before
his arrest he had been most of the time across the line in Nogales,
Ariz. To use the expression of one of the most prominent citizens of
Nogales, Ariz., “He was on a general drunk, bulldozing the
saloons.”
Jesus Garcia was a large, powerful man. Several Americans doing
business close to the line noticed him, noticed that he made it a
point [Page 449] to stay close to the
line. They knew that the man was looking for trouble, and called the
attention of Officer Roberts to him and asked Roberts to be on the
lookout for him.
Officer Roberts was sitting across the line in Nogales, Mexico, at
the point A on the diagram1 (inclosure 1), in company with Alfonso
Bachelier, and others. Two Mexicans ran out of the saloon at B and
began to fight at C. Officer Roberts left the crowd and ran to the
American side to arrest them. He caught hold of both men at C and
commanded them to consider themselves under arrest. One submitted,
but Jesus Garcia resisted, whereupon Officer Roberts called for
help, and Bachelier started in a run to the American side to assist
him. Jesus Garcia broke away from the officer and started in a run
to the Mexican side. Both Bachelier and Garcia are large men.
Bachelier extended both arms as he came close to Garcia to catch
him. They came together at E, and Garcia, being drunk, fell to the
ground, Bachelier falling to his knees. Garcia, after his fall, was
lying at D, and it is possible that his head and a small portion of
his body were on the Mexican side. Officer Roberts had come to where
Garcia lay at D, and was sure that he was not across the line,
judging by the electric-light pole at O. This pole is about
two-thirds on the Mexican side.
J. T. Brickwood, one of the most prominent citizens of Nogales,
Ariz., says that he saw Roberts notice to be sure that he was not
across the line. Roberts says that he noticed, and could tell by the
pole.
When the fight began, Mr. Brickwood was standing at F with a drummer
from St. Louis. He remarked, “Trouble has come at last. I have
expected it.” When Bachelier and Garcia ran together, Brickwood and
the drummer had advanced to G.
There is no doubt as to the fact that no blow was struck. When
Bachelier ran into Garcia, there was no attempt to strike a blow.
When Garcia was on the ground from his fall at D, his feet and
part—if not all—of his body were on the American side of the
international boundary line; his head is supposed to have been on
the Mexican side. Officer Roberts commanded him to consider himself
under arrest, and he did so.
There was no more trouble. The man submitted, and Roberts and
Bachelier started down the street to the American jail with both
men. When they reached the point H, Garcia surprised the party by
commencing to fight Officer Roberts, who struck him one blow with a
leather walking-stick. This blow quieted Garcia, and he went without
resisting again to the jail. This blow did not in any way disfigure
him. It did not draw any blood.
Judge E. K. Sykes, a young man for whom I have the highest regard,
and who is the present efficient chief clerk of the American
customhouse at Nogales, Ariz., was the justice of the peace that
Garcia was brought before the next day. Judge Sykes positively
states that the man did not show the slightest sign of having been
abused in anyway.
After sentence had been passed, the vice-consul in charge of the
consulate, a man in whom I have perfect confidence and the highest
regard, found that there was some feeling in Mexico about the case,
and to restore good order and good feeling he went to the mayor of
Nogales, Mexico, and asked if the matter would be dropped if he
would get Garcia and deliver him in Mexico.
Knowing the peculiar conditions along the frontier and the peculiar
[Page 450] location of the
international boundary line in these two towns, I most heartily
commend this act of Vice-Consul George.
The vice-consul informs me that the prisoner, Jesus Garcia, did not
have the appearance of a man who had received a beating or had been
in any way abused when he was turned over to him to be delivered to
the Mexican authorities, as there were positively no marks of
violence visible upon his face, head, or hands, and that Deputy
Sheriff Roberts has never paid any attention to the order of arrest
and crosses the line whenever he pleases to Nogales, Sonora, without
molestation by the Mexican authorities. The latter assertion I can
affirm myself, as I have seen him many times on the streets of
Nogales, Sonora, and I know that he never pays any attention to the
gossip about a warrant here for his arrest. The vice-consul
expresses the opinion that the authorities here know that there is
no case against Roberts as to being on Mexican soil when the
rearrest was made. He also assures me, in addition to the other
Americans who know Garcia, that he, Garcia, was a bad character, a
disturbing element, and a dangerous man.
A few days after his delivery to the Mexican authorities he was
arrested for assaulting Mr. Wylie, present postmaster of Nogales,
Ariz., who had walked into a store on the Mexican side with a friend
to buy a cigar. This assault was made for no other reason than
because Mr. Wylie was an American. For this outrage he was arrested
by the Mexican authorities, and sent as a convict to the army, which
is the same as the penitentiary with us. It is impossible for me to
find out anything from the Mexican authorities as to this or
anything about Garcia, but Mr. Wylie was assured that he would be
sent off to the army, and a Mexican of the highest standing told me
that it was a fact.
I have tried in vain to find Miguel Braka; there is no such American
citizen known here in Nogales, Ariz., and I can find no one by that
name in Nogales, Sonora. Several of whom I have made inquiry have
suggested that I meant Miguel Roca, and I sought Mr. Roca and he
told me that he was not in town at the time of the arrest of Garcia,
but as he was a deputy under Officer Roberts at the time, that he
saw him in the jail a few hours after his arrrest, and he positively
states that there was nothing to indicate that he had been beaten or
abused.
I can find no evidence to show that a word was said about the officer
being in Mexico in making this arrest, or that a word was said in
any way about the arrest at the time.
To quote two sentences from the Department dispatch:
If there is well-grounded reason to believe that the arrest
may have taken place on the Mexican side, the Department
will be disposed to make proper amends to Mexico and to the
party who may have been injured. Your judgment, as well as
the collection of facts upon which it is based, is
desired.
No one was beaten or injured. It is possible that this man’s head and
a small portion of his body may have been across the line. I believe
when Bachelier ran into him he was across the line. I would judge
from what Brickwood says that it was about a yard. From the fall,
and from what Brickwood states positive it could not have been more
than 2 yards. Brickwood is positive that Roberts did not cross the
line. He says that he saw him notice when he came to the point D,
where Garcia lay. Roberts corroborates this, as he says that he was
sure that he did not cross, and that Garcia was on the American
side, and that he was governed by the electric-light pole. Brickwood
says he saw him look at the pole to be sure. I feel that it is an
imposition that our Government is called on to pay a cent to such a
man as Jesus Garcia, a desperado of the overbearing kind that have
[Page 451] given so much, trouble
along the frontier. And there is no doubt but what Officer Roberts
did not cross the line, but that Garcia’s body was more on the
American than the Mexican side of the line when the arrest was made,
and when the rearrest was made Garcia submitted and started to jail
with the officer.
For your further information I inclose herewith copy of letter from
Vice-Consul George to Hon. Isaac P. Gray, United States minister to
Mexico. The facts set forth in this letter are confirmed to me by
respectable and reliable citizens; copy of letter from A. Sandoval
to Vice-Consul George; copy of letter from Vice-Consul George to
answer inclosure No. 3, letter from Mr. Sandoval; copy of letter
from Manuel Mascarenas to Vice-Consul George; copy of letter from
Vice-Consul George to Manuel Mascarenas. In this letter the
vice-consul states, in addition to his letter to Minister Gray and
what has been confirmed by Judge Sykes and Officer Roberts, as his
statement to them at the time, that he did call on the Mexican
authorities, although Manuel Mascarenas, who was then mayor of
Nogales, Mexico, has tried to ignore the fact in inclosure No. 5,
since he became consul to the United States at Nogales, Ariz.
In his letter to Mr. Mascarenas the vice-consul reminds him that he
did agree to drop the matter; and he has stated in his letter the
time, terms, and conditions. It is unreasonable to believe that the
vice-consul would have said a word to our authorities unless the
Mexican authorities had agreed, as he stated in his letter to
Minister Gray, inclosure 2, and his statement to Judge Sykes and
Officer Roberts at the time. The vice-consul had nothing to do in
this except his object to restore good feeling, and if the Mexican
authorities had not agreed to drop it, he surely would have had
nothing more to say about it, or anything more to do with it.
There is no doubt but what the telegram referred to in the
vice-consul’s letter (inclosure No. 6) was received here, and it
said “If this man is a reputable citizen, fight the case, and if
not, drop it.” I wish to call your attention to the fact that this
telegram was sent here after the representation had been made that
the man had been arrested in Mexico. This representation I
positively deny. I can not get official proof that this telegram
came here, but it did come here, and on its authority the
vice-consul went and got Jesus Garcia and delivered him to the
Mexican authorities.
In addition to this, the fact that the telegram came, and its
contents, have been stated to me by one of the most prominent and
reliable Mexicans in Sonora, with the remark that the vice-consul
was not treated right about this matter. Copy of letter from
Vice-Consul George to Hon. Isaac P. Gray, United States minister to
Mexico, inclosed, which transmitted copies the same as inclosures
Nos. 3 and 5.
I am, etc.,
R. Hughes Long,
United States Consul.
[Subinclosure 1.]
Mr. George to
Mr. Grey.
United States Consulate,
Nogales, Mexico
,
December 4, 1893
.
Sir: I have the honor to inform you that on
the 3d day of July, 1893, Jesus Garcia, a Mexican citizen, was
arrested by the local authorities at Nogales, Ariz., for disturbing
the peace. He broke away from the officers and ran across the line
into [Page 452] Mexico, but was
pushed back again into the territory of the United States by Mr. A.
Bachelier, an American citizen, and, as he fell, was rearrested by
the American authorities, was tried, convicted and sentenced to
serve a term of sixty days imprisonment.
The Mexican local authorities took the matter up, claiming that the
rearrest occurred upon Mexican territory and examined quite a number
of witnesses to establish that fact, and bad blood apparently
existed on both sides of the line, and it was only a question of
time before the quarrel would become violent unless peace could be
restored.
It appears now, however, that the Mexican local authorities here have
not kept faith with their agreement, and have referred the matter to
their General Government, and the Mexican Federal Government has
issued an order to arrest Deputy Sheriff Roberts and A. Bachelier,
should they cross into Mexican territory.
Mr. A. Bachelier conducts a bakery, delivers bread on both sides of
the International boundary line, and so long as the order of arrest
remains in force his business will be handicapped.
I am convinced that the Federal Government at the City of Mexico is
not aware that any compromise had been agreed upon, and that the man
over which all this trouble occurred was not of good standing, but
one of those individuals who are more or less of a disturbing
element on the frontier.
I trust that you will use your good endeavors to bring this matter
before the proper Mexican authorities and have the order of arrest
rescinded.
I am, etc.,
Reuben D. George,
United States
Vice-Consul.
[Subinclosure 2.]
Mr. Sandoval to
Mr. George.
Nogales, Sonora
,
March 3, 1894
.
Dear Sir: Having been informed that Mr.
Manuel Mascarenas has notified our Government that the compromise
with you regarding dropping the accusation pending against Deputy
Sheriff Roberts and Mr. A. Bachelier for the arrest of Jesus Garcia,
if this man was turned over to Mexico, had been made with me as
member of the city council, said statement being untrue, as I had no
official knowledge whatever of the case, I respectfully request of
you to inform me what you know of said affair.
Yours, respectfully,
[Subinclosure 3.]
Mr. George to
Mr. Sandoval.
Consulate of the United States,
Nogales, Sonora, Mexico
,
March 5,
1894
.
Dear Sir: I have the honor to acknowledge
the receipt of your favor of the 3d instant, wherein you refer to
the arrest of one Jesus Garcia, a Mexican citizen, by the local
authorities at Nogales, Ariz., and state that Mr. Manuel Mascarenas
has notified your Government that the compromise with me regarding
dropping the accusation pending against Deputy Sheriff Roberts and
Mr. Bachelier for the arrest of Jesus Garcia, if the man was turned
over to Mexico, had been made with you as a member of the city
council.
The compromise was made by Mr. Manuel Mascarenas (then president of
the town of Nogales, Mexico) and myself, providing the compromise
would be approved by the governor. Mr. Mascarenas notified the
governor, and you gave me the contents of the governors reply the
next morning, and the man Garcia was turned over to the Mexican
authorities in accordance with said agreement.
The compromise was made in Mr. Mascarenas’s office in presence of Mr.
Ysm. Padilla, who acted as interpreter, and no doubt would be
willing to give you the facts of the case.
I hope your information is incorrect, as I can not comprehend why Mr.
Mascarenas should now deny the part he took in the compromise, as
his acts were certainly commendable in assisting to restore good
feeling between our respective Governments.
I am, etc.,
Reuben D. George,
United States
Vice-Consul.
[Page 453]
[Subinclosure 4.]
Mr. Mascarenas
to Mr. George.
Nogales, Ariz.
,
March 6, 1894
.
Dear Sir: I have the honor of asking of you
to inform me, if you have no objection, of the manner in which was
delivered on the 24th last July to our authorities the Mexican
citizen Jesus Garcia, imprisoned wrongly by the American police
force of Nogales, Ariz.
I will be obliged to you also if you let me know the items that you
might know.
I take occasion to renew you the securities of my distinguished
consideration.
[Subinclosure 5.]
Mr. George to
Mr. Mascarenas.
Consulate of the United States,
Nogales, Sonora, Mexico
,
March 6,
1894
.
Dear Sir: I have the honor to acknowledge
the receipt of your esteemed favor under date of the 6th instant,
desiring information regarding the delivery of one Jesus Garcia, a
Mexican citizen, to the Mexican local authorities of Nogales,
Sonora, Mexico, imprisoned wrongfully, as you claim, by the American
police force of Nogales, Ariz.
In order to restore peace and prevent the matter from being referred
to our respective Governments and burden them with useless
correspondence, I called at your office (you being then president of
the city of Nogales, Mexico), and in the presence of Mr. Ysm.
Padillo I agreed to turn Jesus Garcia over to the Mexican
authorities the next morning providing that all further proceedings
were dropped against Deputy Sheriff Roberts and Mr. A. Bachelier.
You agreed to this providing the compromise would be approved by the
governor, and stated that you would write the governor that
afternoon and submit the compromise, with a request that he reply by
wire.
The next morning I met Mr. A. Sandoval, who told me that the
governor’s reply had been received and informed me of the contents
of the dispatch, and the prisoner, Jesus Garcia, was accordingly
turned over to the Mexican authorities.
It appears now, however, that the Mexican Federal Government has
issued an order for the arrest of Messrs. Roberts and Bachelier
should they enter Mexican territory. This is in contravention of our
compromise agreed upon, and you should use your good endeavors to
have the order of arrest rescinded.
I am, etc.,
Reuben D. George,
United States
Vice-Consul.
[Subinclosure 6.]
Mr. George to
Mr. Gray.
Consulate of the United States,
Nogales, Mexico
,
March 8, 1894
.
Sir: I have the honor to inclose herewith
copies of letters transmitted to Mr. A. Sandoval and Hon. Manuel
Mascarenas, relative to the arrest and delivery to the Mexican
authorities of one Jesus Garcia, a Mexican citizen.
The governor of Sonora is now making an effort to ascertain what
agreement had been made between the president of Nogales and
myself.
My part was performed in good faith and with a view to maintain
friendly relations. The compromise entered into was exactly as
stated in the copies herewith inclosed. Of course the agreement was
not in writing, and I did not think it necessary, as the matter was
talked over in presence of Mr. John Padilla.
I do not know what Mr. Mascarenas’s report will contain, but as the
man who caused all this trouble was a vicious character, his action
was certainly commendable, and should be fully indorsed by his
Government.
I am, etc.,
Reuben D. George,
United States
Vice-Consul.
