The Secretary of State to Chargé McCreery.

No. 66.]

Sir: Referring to instruction No. 63, of the 2d instant, regarding the complaint of the Mexican Government of the action of the governor of Texas in making direct application to the governor of Tamaulipas for the arrest and provisional detention of Charles Luna, I inclose herewith for communication to the Mexican Government a copy of a letter from the governor of Texas, explaining his course in that and similar cases.

I am, etc.,

Elihu Root.

The Governor of Texas to the Secretary of State.

Sir: I am directed by the governor to acknowledge receipt of your communication of the 2d instant, inclosing copy of communications referring to the interpretation of the Mexican minister of foreign affairs of Article X of the extradition treaty in so far as the same relates to the provisional arrest and detention of fugitives in the respective countries. In reply thereto I beg to advise you that while the governor has recognized the interpretation placed upon said article by the two countries as the correct one, he has simply invoked the friendly spirit of the governors of the border states of Mexico in effecting the arrest and provisional detention of fugitives purely for the purpose of expediting their detention and not with a view of superseding the functions of the State Departments of the respective governments. He has invariably extended the same official courtesy at the request of the governors of the border states of Mexico, not because they have the authority to make such request by the terms of the treaty, but purely as an act of official courtesy alone. In view of the objection which seems to have been raised on this dual procedure, similar requests from this state will hereafter be confined exclusively to the diplomatic channels at Washington, and the governors of the border states of Mexico will be urged to observe the same rule.

Trusting this will prove entirely satisfactory to the foreign office of the Mexican Government, I have the honor to be, sir, etc.,

F. G. Laniiam
Private Secretary.