Mr. Hay to Mr. Clayton.
Washington, October 10, 1903.
(Mr. Hay instructs Mr. Clayton to ascertain whether the Mexican Government will entertain a request for the extradition of Charles Kratz, charged with bribery in Missouri, as an act of comity upon promise of reciprocity by the United States.
Mr. Hay states that he understands the position of the Mexican Government to be that under the Mexican constitution the treaty is not retroactive, but that by the Mexican law of 1897 extradition can be granted outside of treaty upon promise of reciprocity; that, as it has been held by a Federal court in the United States that an extradition treaty is retroactive in the absence of express stipulations to the contrary, the United States Government can promise reciprocity to Mexico in a case of a fugitive charged with bribery committed in Mexico before the supplemental convention went into effect, and that the President of the United States is greatly interested in the matter, and would be gratified if the desired extradition can be brought about.)