The Mexican Chargé to the Secretary of State .

No. 159.]

Most Excellent Sir: In May, 1905, this embassy addressed to the Hon. Francis B. Loomis, then Acting Secretary of State of the United States, a request for the extradition of Antonio Felix, who through deception laid hold upon the person of Antonio Martinez, alias Juan Puebla, and delivered him to the American authorities.

The Government of the United States, after completion of the proceedings in the case, granted the extradition of Antonio Felix in the month of December, 1905, thereby implicitly recognizing beyond question that the course taken by Felix to take Martinez, alias Puebla, out of the territory of Mexico was illegal and in contravention of the lawful procedure established by the treaty between Mexico and the United States for the extradition of any fugitive from justice.

I now have the honor to inform your excellency that it has come to my Government’s knowledge that the said Martinez, alias Puebla, is undergoing trial in the United States for the offense charged against him, and that it considers it self-evident that the action pending against the man can not rest as any legal foundation, since the United States itself has implicitly recognized that the means used to bring him into American territory was unlawful.

I have therefore, under instructions received by me, the honor to address to you the request that Antonio Martinez, alias Juan Puebla, be returned to the Mexican territory whence he was illegally taken.

I have further the honor to transmit to you the inclosed copy of the record of proceedings in the extradition case of the said Antonio Felix.

Be pleased, etc.,

Balbino Davalos.