Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1909

File No. 16948/23.

Ambassador Thompson to the Secretary of State.

[Telegram.—Paraphrase.]

American Embassy,
Mexico, April 9, 1909.

Mr. Thompson reports that the foreign office always has contended that it should not hold a man beyond the 40-day period stipulated in the treaty, and that a fugitive should not be rearrested on the same charge, but that it has always before held prisoners, under one pretext or another, until papers have been presented.

Mr. Thompson says that while Rodriguez has so far been held without protest, the present subsecretary, now that amparo has commenced, has not seemed willing to do anything.

Mr. Thompson adds that he has made formal request for the surrender of the fugitive after usual examination of papers, which puts the question beyond the 40-days provisional detention, and that while the subsecretary says he can not act, he expects to submit the case within a few days to the foreign minister, who has been absent.

Mr. Thompson asks that the department give him its reasons for contending that a fugitive should be rearrested after the period of 40-days detention.