File No. 211.52L89.

The Secretary of State to the Minister of Spain.

Sir: I have the honor to acknowledge the receipt of your note of the 2d instant asking the Department to issue the requisite orders for the provisional detention of Tómas Loscesta and Lazareto Calvo, who are expected to arrive in New York on the steamship Bretagne.

Your note does not state the offense with which the parties are charged. In order to procure the provisional detention of the accused [Page 717] it will be necessary for the consular representative of your Government in New York, or some other person acting in its behalf, to go before a magistrate authorized to act in extradition cases and make complaint under oath, charging the fugitives with an offense enumerated in the treaty of extradition between the two countries, whereupon the magistrate will issue a warrant for their apprehension in order that they may be brought before him and the evidence of criminality heard and considered. Such action may be taken by your consular or other representative either with or without the mandate or preliminary warrant provided for in article 11 of the treaty, which will be issued to you by this Department upon your request, stating the offense with which the parties are charged.

It has been ascertained at the Department that the steamship Bretagne is not expected to arrive in New York at this time, but that the vessel is just sailing from New York.

Accept, etc.,

Mr. Knox
Huntington Wilson.