Mr. Clayton to Mr. Sherman.

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.,

Powell Clayton.
[Inclosure in No. 41—Translation.]

Mr. Mariscal to Mr. Clayton.

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.

Igno Mariscal.