Mr. Sepulveda to
Mr. Sherman.
Legation of the United States
Mexico
,
April 23, 1897
.
(Received April 29.)
No. 268.]
Sir: Referring to Department’s No. 356, of the
10th instant, relative to the imprisonment of the American citizen, R.
H. Doane, in Monclova, Mexico, I have the honor to state that in
obedience to your instructions I addressed a note to the foreign office
here, calling its attention to the failure of the judge to reply to the
perfectly proper inquiry made of him by the consul for information in
the case.
Replying to my note Mr. Mariscal states that he would obtain from the
governor of the State of Coahuila a report as to the status of the case
of Doane, and would inform this legation of the result.
Mr. Mariscal, it will be observed, adds that the mere fact that the judge
did not give any answer to the consul’s inquiry does not justify any
complaint against the official conduct of the judge, because Mexican
judges are not compelled to give foreign consuls any information, nor
have the latter the right to ask it, pursuant to Mexican consular
law.
On receipt of further information about the Doane case I will report to
the Department.
With high regards, etc.
[Inclosure in No.
268—Translation.]
Mr. Mariscal to
Mr. Sepulveda.
Department of Foreign Affairs,
Mexico
,
April 19, 1897
.
Mr. Chargé d’affaires: I have received your
note of to-day’s date, in which you set forth that Mr. R. H. Doane,
who claims to be an American citizen, was arrested in the month of
December, 1896, at Monclova, State of Coahuila, under the accusation
of complicity in a robbery, and that in March of the current year
the consul of the United States at Piedras Negras addressed two
communications to the judge of that place, asking him for
information as to Doane’s case, and that he received no answer, to
which fact you call this department’s attention under instructions
from the Department of State.
In answer I have the honor to inform you that the governor of the
State of Coahuila will be asked to report as to the status of the
proceedings in the case of Doane, so as to communicate the same to
that legation. I must observe, however, that the simple fact that
the judge did not answer the questions which the consul might have
made in his letters does not justify any complaint against the
official conduct of said judge, for the reason that the Mexican
judges are not obliged to give any information to foreign consuls,
neither have the latter a right to ask it, as may be seen in the law
of the 26th of November, 1859, which is always sent to said
officials when they are furnished with their exequatur.
I renew, etc.,
