Mr. Hay to Mr.
Mc Creery.
Department of State,
Washington, April 18,
1901.
No. 509.]
Sir: I inclose herewith for your information a
copy of a petition from the Chamber of Commerce of El Paso, Tex.,
praying that this Government take such measures as may be deemed proper
and effective to secure to American citizens arrested and imprisoned in
Mexico on the charge of criminal negligence in causing railway wrecks
the protection of their personal and civil rights guaranteed by the
Constitution.
* * * * * * *
The matter of these arrests of American citizens should have your
consideration, and may be the occasion of friendly conversation with
Señor Mariscal, with the view to ameliorating the condition which
appears to exist, and especially to securing the prompt disposition of
the cases as they arise, and the speedy release of any railway employee
not liable, on ample probable cause, to be held on a criminal charge;
and, even in the latter case, the proceedings should be expedited in
every possible way and with the fullest opportunity for defense.
A full report from you on the subject will have the Department’s
attentive consideration.
I am, etc.,
[Inclosure.]
Chamber of Commerce of El
Paso, Tex., to Mr. Hay.
El
Paso, Tex., April 11,
1901.
Sir: I have the honor to transmit the
following resolutions adopted unanimously by the board of directors
of the El Paso Chamber of Commerce April 10, 1901:
Whereas it is a common method of judicial procedure in Mexico, in
cases of accident involving fatal or serious injury to Mexican
citizens in connection with the running of railway trains, to
immediately arrest and imprison American citizens, employed as
conductors or engineers or in other responsible positions on such
railways; and
Whereas American citizens thus arrested are in many cases held in
prison for days, weeks, or months without reasonable and sufficient
opportunity to communicate with friends, or to take other measures
for securing fair and speedy judicial investigation of the charges
preferred against them; and
Whereas such procedure is a substantial denial of the right of
American citizens to protection in the lines of employment in which
they have been permitted, and even encouraged, by the Government of
Mexico to engage: Therefore be it
Resolved, That the El Paso Chamber of Commerce
respectfully petitions the United States Government to take such
measures as may be deemed proper and effective to secure to American
citizens under such circumstances as above set forth the protection
[Page 408]
of their personal and
civil rights guaranteed by the Constitution of the United States and
recognized in civilized countries generally as reasonable and
just.
I have, etc.,
Ernest E. Russell, Secretary.
