Mr. Clayton to Mr. Hay.
Mexico, October 14, 1903.
Sir: I have the honor to acknowledge the receipt at 4 p.m., Saturday last, of Department’s telegraphic instruction of the 10th instant relating to the extradition of Charles Kratz, which I brought to the attention of the foreign office on Monday by leaving a copy of said telegram with Subsecretary Algara, so that he might study the questions involved, and with the understanding that I would call on Tuesday to further discuss the matter with him, which I did on that day. At this interview it was agreed that upon our promising reciprocity in any similar case, and upon compliance with articles 4 and 16, and paragraph 1, article 32, of the Mexican extradition law of 1897, the Mexican Government would surrender the accused. It was definitely understood that the language to be used in the promise of reciprocity should be: “The United States of America will reciprocate in any similar case,” meaning any case of bribery arising in Mexico committed prior to the supplemental convention.
Mr. Algara fixed the time that the prisoner can be held provisionally, in case his provisional detention should be requested, at forty-five days.
Having arrived at this understanding, I immediately telegraphed the Department. My suggestion therein contained as to the immediate request for his provisional detention is based upon the fact that the papers in the United States have been discussing his extradition under this process, the Mexican Herald, in an editorial of last Monday indulged in similar discussion; hence I feared that Kratz might become alarmed and seek refuge elsewhere.
I have, etc.,