Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-12-11
THE MEXICAN CASE.
THE MEXICAN CONSUL FILES HIS SOLEMN
PROTEST.
Uncle Sam Intervenes and the Case Be-
comes an International One.

The case of Clodomiro Gotta. the Mexican
arrested on requisition from Mexico, before
Department No. 8 of the Superior Court at
San francisco yesterday on a writ of habeas
corpus, excites great interest.
Il. III. Sharp, for the Mexican Consul.
presented the following paper, which was
fled
The undersigned. the Consul Of the United
States of Mexico In the city of San Fran
cisco, hegs leave of the Honorable Court to
say that, as the undersigned is informed and
believes that this Honorable Court did on the
Ssh day OF December, $780, make and enter
tain an order directed to tie Sheriff of the
city and county of San Francisco, requiring
aud commanding him, the said Sheriff, to
take the person of Ciodomiro Gotta wherever
found. and bring him, the said Gotta, before
this Honorable Court to be dealt with accord
ing to law, and at the same time and place
this Honorable Court made and entered an
order that warrant issue to the said Sheriff
of the said city and county ot San Francisco,
requiring him, the said Sheriff, to arrest
A. Cerisola, the commander of the gun
boat Democrata an armed vessel of war
of the Government of Mexico, and sailing
under the flag of that nation, then living
in the harb0r of San Francisco, and bring
him, the said Cerisola, before the Hcnora bic
Court, there to abide the further orders of
the Court; that said warrants we're issued as
directed by said orders. and were placed in
the hands of said Sheriff of the city and
county of San Francisco for service that on
said Sth diy of December, $780, said Sheriff
proceeded to the gunboat Democratic, and
was by the Officer Of the Guard, then on deck
of the said Democrasa, allowed to come on
board of said Democrata, and that said
Sheriff did then and there demand that said
Clodomiro Gotta, who was at that time con-
fined on board said Democrata, be surrendered
to him in pursuance of said warrant; and that
said Sheriff did then and there direct and com
mand said Cerisola to consider himself under
arrest, and by virtue of said warrant SO
issued as aforesaid that Jose Ortiz Monas-
terio, the commander Of the ships of the
United States of Mexico in the waters of the
Pacific, in whose custody said Gotta then was
and the undersigned, being apprehensve tnat
force and violence would be resofted to by the
Sheriff for the purpose Of executing said war
rants, and being fully convinced that said Sher-
if was fully determined to execute said warrant
at whatever risk and at all hazards, and to
use force and violence, for the purpose of pre-
venting any collision or serious complications
between the civil authorities of the State of
California and the Government of the United
States of Mexico, determined TO deliver said
Gotta to the civil authorities Of the city and
county of San Francisco, in older that he
might be delivered into the custody of this
Court. and with this object in view, said Jose
Ortiz Monasterio delivered said Gotta into the
custody of the undersigned, who was and is
empowered to hold him in his custody under
the warrant of the Governor of the State of
California, copy of which was annexed to
the return of the undersigned TO the writ of
habeas corpus in this case. Said Gotta was
then by the undersigned delivered into the
custody of the police authorities of the city
and county of San Francisco, in order that he
might be delivered into the custody of this
Court for the reasons aforesaid. That the
undersignedis is ready and willing at all proper
times and places to signify and testify his
respect to the Court and its processes, still he
is not unmindful of the dignity of the Govern
ment of the United States of Mexico which
he has the honor to represent in San Fran
cisco, and the respect due to said Govern
ment. And therefore in the name Of the
Government Of the United States of Mexico,
he most respectfully protests against the Or
ders of this Court made and issued as afore-
said and against the action of said Sheriff in
pursuance of and IN obedience thereto, as be-
ing beyond ana without tbs .rswsr and juris-
diction of this Court and an intrusion by said
Sheriff without sanction of law or right and
contrary to the laws of nations, upon the
deck of said ship of war Democratic, for the
purpose of executing said warrants as afore-
said, and an invasion of the sacredness of the
deck of a ship of war OF the Government of
the United States of Mexico, and an insult
Co the flag of that nation.
JoAQ. G. CoNDE. Consul of Mexico.
w. E. Lovett, Assistant United States
District Attorney, intervened and asked a
continuance till Tuesday, and presented
telegram from the Attorney General of the
United States. directing an appearance on
behalf of the United States and the use of
efforts to prevent collision of California and
Mexican authorities. The continuance was
asked because United States District Attor-
ney Teare is engaged in the Mussel Slough
cases.
Counsel for Gotta objected Gotta was held
without shadow of authority, and the treaty
set up is unconstitutional. Legislation is re-
guired before a treaty can be made operative.
From the time of Jonathan Rollins to the
present day no extradition treaty has ever
been put in force without the action of Con-
gress prescribing how and in what manner il :
should be done.
The Court said that as yet il had not en-
tered into the inquiry proper az TO the cause
of Cota's detention. 1t would, therefore.
grant the request of the United States Dis
trict Attorney for delay.
After some discussion as to the continu-
ance, further hearing was postponed to IL
o'clock next Tuesday morning, when further
continuance will be granted if the United
States Attorney is not ready to proceed.