Chargé McCreery to the Secretary of State.

No. 156.]

Sir: I have the honor to acknowledge the receipt of your No. 66, of the 14th ultimo, which refers to instruction No. 63, of the 2d ultimo, 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, [Page 663]and incloses 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 inclose a copy of my note communicating the letter of the governor of Texas to the foreign office, as instructed, together with copy and translation of Mr. Mariscal’s reply, containing observations as to the procedure in the cases under consideration.

I have, etc.,

Fenton R. McCreery.
[Inclosure 1.]

Chargé McCreery to the Secretary of Foreign Affairs.

Mr. Minister: Referring to my note of the 11th instant and to previous correspondence relative to 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 and the action of the latter governor in ordering such arrest, I have the honor to communicate to your excellency a copy of a letter from the governor of Texas, explaining his course in that and similar cases.

I beg, etc.,

Fenton R. McCreery.
[Inclosure 2.—Translation.]

The Secretary of Foreign Affairs to Chargé McCreery.

Mr. Chargé d’affaires: With your note of the 22d instant I received a copy of that from the governor of the State of Texas, addressed to the Secretary of State at Washington, on account of the question raised by this department concerning the procedure observed by the governors of Texas and Tamaulipas in the matter of the provisional detention of fugitives from either state to the other.

Having taken cognizance of the note from the governor of Texas, I consider it advisable to say to you that, while Article X of the extradition treaty vests in the Federal Government of both countries the express duty to ask, reciprocally, the provisional detention of fugitives from the justice of one country who have sought refuge in the other, the local governments of the frontier may, however, by mutual understanding, dictate the necessary measures for their respective police to keep the suspect under surveillance during the time in which the provisional and formal detention is procured through the diplomatic channel in accordance with the treaty. Thus the ends of justice are obtained without openly violating the above-mentioned instrument and without any danger of perverting said ends.

As a matter of fact, should it ever occur that at the time of proceeding in the irregular manner observed heretofore by the frontier authorities of both countries the recourse of amparo be interposed against an illegal act, such as the provisional detention in which the provisions of the extradition treaty have not been followed, the amparo would have to be granted, and this might cause legal difficulties against the subsequent course of the proceedings.

I renew, etc.,

Igno. Mariscal.