Mr. Clayton to Mr.
Sherman.
Legation of the United States,
Mexico, June 28, 1897.
(Received July 7.)
No. 41.]
Sir: Referring to the Department’s No. 376, of
May 5, 1897, addressed to Mr. Sepulveda, and to my No. 6, of the 18th
ultimo, in relation to the right of a United States consul to ask
information of a judge in regard
[Page 398]
to a criminal case affecting an American citizen and the right to
receive a courteous response, I have the honor to inclose herewith copy
and translation of a note received from the minister for foreign
affairs, setting forth the position of the Mexican Government, and
stating that the governor of Coahuila has been requested to charge the
judge of Monclova with the performance of the social duty of replying to
the letters of the consul at Piedras Negras asking information regarding
the arrest and imprisonment of R. H. Doane.
I have, etc.,
[Inclosure in No.
41—Translation.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, June 18, 1897.
Mr. Minister: I have received your
excellency’s note of the 15th ultimo, with copy of a communication
from the Secretary of State of the United States in relation to the
fact that the judge of Monclova had not replied to two letters sent
him by the American consul at Piedras Negras, asking information
regarding the arrest and imprisonment of R. H. Doane, accused of
complicity in the robbing of the express office in the railway
station in the city of Monclova.
In reply I have the honor to say that the authorities of the Republic
can not recognize in consular agents faculties not expressed in the
laws that define their attributes, as in the following case.
Therefore this department does not consider that the judge of
Monclova has incurred any official responsibility in not replying to
the letters addressed to him by the consul at Piedras Negras.
However, the fact that the judge did not reply to the two letters
mentioned should be considered a mere lack of social courtesy,
aggravated by the official position occupied by the commercial agent
of a friendly government; and in this light the governor of the
State of Coahuila has been requested to charge the said functionary
with the performance of that social duty.
I renew, etc.
