File No. 16948/34–35.
American Embassy,
Mexico, May 7,
1909.
No. 1657.]
[Inclosure.]
Ambassador Thompson to the Minister
for Foreign Affairs.
American Embassy,
Mexico, May 4,
1909.
F. O. No. 685.]
My dear Mr. Minister: With reference to
your kind note of the 12th ultimo, and to my reply thereto of
the 14th (F. O. No. 665), on the subject of the extradition of
Juan de Dios Rodriguez, I beg to bring to your attention certain
observations upon the question of reciprocal action in the
matter of the rearrest of fugitives after the expiration of the
first period of preliminary detention, which I have just
received from my Government.
I am directed to say that, as has been pointed out in the
extensive memorandum regarding this matter which I sent you in
my informal note of April 17, 1909 (F. O. No. 670), it appears
to be the uniform practice in the courts of the United States to
authorize the rearrest of a fugitive upon a warrant at the
expiration of the first period of preliminary detention; that
this was done specifically in the cases of the Matus brothers
and George Dearing Reed, the latter being an American citizen,
in both of which cases extradition was granted to Mexico upon
rearrest after the expiration of the preliminary period; but
that it should be understood that the Department of State can
not absolutely guarantee that the American 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 the United States.
Heretofore the courts of my country have uniformly followed the
law in this respect, and I do not believe there need be the
slightest apprehension that the practice indicated will not
continue to be followed, and I am assured by the State
Department that in future cases of extradition from the United
States to Mexico it would have the proper officials instructed
to present the matter to the courts in order that a rearrest
might be obtained, should any difficulty or delay arise. At the
same time, however, it is compelled to say that should in any
given case a commissioner or judge refuse to issue a warrant for
the arrest of a fugitive, there would be no way in which the
department could compel such action.
Believe me, etc.,
