The Acting Secretary of State to Ambassador Wilson.

No. 61.]

Sir: The department is in receipt of your dispatch No. 86, of the 8th instant, inclosing a copy of a note from the minister for foreign affairs of Mexico, stating that, owing to the nonarrival of the extradition papers within the 40-day period of provisional detention, provided in the extradition treaty between the United States and Mexico, Heliodoro Garcia, whose provisional arrest was requested on the charge of committing murder in the State of California, was released from custody. You inclose also a copy of your answer to the minister’s note, requesting that Garcia be rearrested on the charge of assault with intent to commit murder. The department’s telegram of the 22d instant,2 is hereby confirmed.

While this department maintains its position that the Mexican Government should, on request of this Government, rearrest and detain a fugitive for the treat period after the expiration of the first detention period, even when no new complaint has been laid against the accused, as was fully set forth in the Department’s instruction of April 10, 1909, it is to be noted that the facts in the Garcia case do not present the extreme case, inasmuch as a new complaint has been filed and a warrant for arrest of Leodoro Garcia issued thereon for the lesser offense of assault with intent to commit murder.

I am, etc.,

Huntington Wilson.
  1. Supra.