The Secretary of State to Chargé McCreery.

No. 63.]

Sir: I have to acknowledge the receipt of your dispatch No. 115, of the 19th ultimo, inclosing copies of a note from the Mexican minister for foreign affairs, and of its inclosures, from which it is seen that the governor of Tamaulipas had ordered the provisional detention of Charles Luna, upon the request of the governor of Texas, and that the foreign office considers the action of both governors to be in contravention of Article X of the extradition treaty, and desires that the case be brought to the attention of the Department.

[Page 662]

The view of the Mexican foreign office that, in order to secure the provisional arrest and detention in Mexico of a fugitive criminal, it is necessary, under the provisions of Article X of the extradition treaty, to make request therefor through the diplomatic channel is correct.

A copy of the correspondence will be furnished to the governor of Texas for his information.

I am, etc.,

Elihu Root.