Señor Romero to Mr. Olney.
Washington, November 14, 1895.
Mr. Secretary: This legation has duly acquainted your Department with the several incursions into Mexican territory which from time to time have been carried out by men organized and armed in the United States having no other object in view than plunder and [Page 494] assassination, although they disguised their true intent with political pretexts. Unfortunately the Mexican Government has not been able to obtain the extradition of those criminals who, after having perpetrated their crimes in Mexico, took refuge in the United States, because many were citizens of this country and this Government does not feel authorized to extradite them, and others have been protected by the Federal courts, by reason of the alleged political character of their crimes, notwithstanding the fact that the Department of State has declared that, as in the case of Francisco Benavides, their crimes were not of a political character, and notwithstanding the fact that the treaty of extradition between the two countries only excepts from extradition those charged with a crime of a purely political character, which seems to mean that when they are mixed with others of a common character, they can not be considered as political offenders to deny their extradition.
The Government of Mexico desiring to obtain an authorized construction of the laws of this country, by means of a decision of the Supreme Court, has appealed from sentence of the United States district judge for the western district of Texas, granting the habeas corpus in the cases of Inez Ruiz, Jesus Guerra, and Juan Duque, whose extradition had been ordered by the United States Government.
The Mexican consul at San Antonio, Tex., appealed in his name from the decree of Judge Maxey, but, fearing that he could not be admitted as a party respondent in the court, and that the Supreme Court might be, therefore, prevented from giving a final decision in this matter, it was recommended, after hearing the opinions of able lawyers in this city, that the appeal would be made by Richard C. Ware, United States marshal for the western district of Texas, under whose custody were the appellees when the decree setting them at liberty was passed by Judge Maxey.
The Mexican consul informs me, in a telegram dated yesterday, that the United States marshal, Ware, refuses to sign the necessary motion in this case, because the sentence in question, being passed by a magistrate who is his superior, he does not think that he can properly appeal from the case unless the Attorney-General directs him to do so.
As it is desirable that this case may be decided in the Supreme Court of the United States, and being necessary for that purpose that the appeal be made by Marshal Ware, I will be obliged to you if you please call the attention of the Attorney-General of the United States to that matter, requesting him to send telegraphic instructions to Marshal Ware for that purpose.
Accept, Mr. Secretary, etc.,