File No. 16948/28–30.
The Acting Secretary of State to Ambassador Thompson.
Washington, April 24, 1909.
Sir: I have the honor to acknowledge the receipt of your No. 1625,1 of the 13th instant, in which you acknowledge the receipt of instructions No. 655,2 of the 30th ultimo, and, referring to your telegram of the 12th instant1 and to previous correspondence, you inclose a copy [Page 423] of your note of the 8th instant to the foreign office relative to the extradition of Juan de Dios Rodriguez.
You state that you were assured by the foreign office that the case of Rodriguez would go ahead in the usual manner, with no condition other than that the Government of the United States should reciprocate in the event that there should be occasion for so doing. You also state that upon the receipt of the instruction referred to in the department’s telegram of the 10th instant you will take the question up with the foreign office, with a view to reaching an understanding that will be the same in the department and in the foreign office.
Regarding the question of reciprocal action by this Government in the matter of the rearrest of fugitives after the expiration of the first period of preliminary detention you will understand and will so inform the Mexican authorities that, as has been pointed out in the memoranda which have been sent you regarding the matter, it appears to be the uniform practice in the courts of this country to authorize the rearrest of a fugitive upon a new warrant at the expiration of the first period of preliminary detention. Indeed, as was indicated to you in the department’s telegram of April 7, this has been done in the cases of two fugitives from the justice of Mexico, specifically in the extradition of the Matus brothers and in the extradition of. George Deering Reed, the latter being an American citizen. It should be understood, however, that the Department of State can not absolutely guarantee that the courts will, in all cases, issue a warrant for such rearrest and can only say that such rearrest is permitted by the laws governing extradition procedure in this country; that heretofore the courts have uniformly followed the law; that there is no reason to think that the practice indicated will not continue to be followed; and that the department, in cases of extradition from this country to Mexico would, should any difficulty or delay arise, have the proper officials instructed to present the matter to the courts in order that a rearrest might be obtained. Should, however, in any given case a commissioner or judge refuse to issue a warrant for the rearrest of a fugitive you will understand that there would be no way in which the department could compel such action.
I am, etc.,