File No. 812.001H87/29.
The Attorney for the Conventionist Government of Mexico to the Secretary of State.
Matter extradition Huerta. I have submitted our position to Governor Ferguson that, under Article 5 of the treaty, defendant need not be delivered until after pending neutrality charges disposed [of] or in any event would not insist on delivery until time satisfactory United States. Believe extradition only effective method stop using El Paso revolutionary plots, because bonds will not detain. Our desire is prevent attack Juarez, so bullets will not strike El Paso. Treaty undoubtedly did not contemplate that, event of war, criminals should be permitted cross border and remain immune. Language of Article 9 undoubtedly had this intention and either country has right to secure detention criminals. Call attention fact many criminals delivered United States in past, and if treaty dormant during revolution, would mean criminals from United States just as immune in Mexico as Mexican criminals in this country.