Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1903

Mr. Hay to Mr. Clayton.

Department of State,
Washington, November 6, 1903.

No. 988.]

Sir: I have to acknowledge the receipt of your dispatch No. 1996, of the 24th ultimo, confirming your telegram of the 21st ultimo, reporting the arrest and provisional detention of Charles Kratz, and inclosing a copy of correspondence with the Mexican foreign office in relation to the desired extradition of the fugitive.

On the 3d instant an instruction, No. 985, was sent to you, directing you to make formal request for the extradition of Kratz, to present the documentary evidence in the case, and to give the assurance and promises required by the Mexican extradition law.

As showing the basis of the view of this Department, that extradition treaties apply to offenses committed prior to their conclusion unless they expressly provide otherwise, I inclose herewith a copy of the opinion^a of the district court of the United States for the southern district of New York (Blatchford, J.) in the case of In re De Giacomo (12 Blatchford, 391).

The Department has advised the Missouri State authorities of the necessity of providing the officer who has gone to Mexico to take Kratz into custody with ample funds to employ legal counsel there.

I am, etc.,

John Hay.

1. Not printed.