Mr. Hay to Mr. von Mumm.
Washington , October 25, 1899 .
Dear Mr. von Mumm: The Attorney-General advises me that on the 10th instant a verbal request was preferred to him, on your behalf, for information relative to the practice or procedure as to the extradition and return to this country of criminals escaping therefrom to Cuba, to which he then made reply that no case has been presented to the Department of Justice raising that question; and that on the 19th [Page 319] instant the subject was again presented to him by a messenger from your legation to whom Mr. Griggs said, repeating his statement of the fact that no such case had come before his Department, that his official functions did not permit him to advise the embassy upon the subject except through the Department of State, and then only upon a question actually arising in the Department of State.
At the same time, it has appeared proper to Mr. Griggs to state, and he desires me to repeat it to you, that in the recent case of the return to Cuba from New Orleans of a person committing an offense in Habana, he took the ground that in view of our military occupation and government in Cuba extradition was not really involved, and that the criminal should be returned upon the proper requisition of our military authorities in Cuba; and he adds that he can perceive no reason to doubt that the same view and practice would apply in the reverse case to a criminal going to Cuba from the United States, should such a case arise.
I am, etc.,