The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1886-12-17

1871 with Mexico was terminated accord
ing to it's provisions, in 1881, upon notlnca-
rion given by Mexico. in pursuance or ner
announced policy OF recasting all her com
mercial treaties Mexico has since con-
cluded with several foreign governments
new treaties of and navigation,
defining alien rights of trade, property ana
residence, treatment Of shipping consular
privileges and the like. Our yet uneXe-
cuted reciprocity convention or 1883 covers
none OF these points, the settlement or
which is so necessary TO good relationship.
| propose to initiate with Mexico negotla-
| tons for anew and enlarged treaty or com
merce and navigation.
THE CUTTING EPISODE.
In compliance with a resolution Of the
senate, l communicated to that body on Aug.
2 last, and also to the house of representa-
tives, the correspondence in the case OF A. n.
Cutting, an American citizen, then llnprlS-
oned in Mexico, charged with the commits
sion of u penal offense in Texas, OF which q
Mexican citizen was the object After a de-
mand had been made for his release, the
charge against him was amended so as to
include a violation of Mexican law within
Mexican territory. This jOiDder OF alleged
OtfenseS, one within and the other exterior
to Mexico, induced me to order a special in
vestigation Of the case, pending which Mr..
Cutting was released. The incident has,
however, disclosed a claim of jurisdiction
by Mexico novel in our history, whereby any
Otfense committed anywhere by a foreigner
and of which a Mexican is the object, may, if
the offender be fOund in Mexico, be there
tried and punished in conformity with Mex
lean laws Jurisdiction was sustained by
the courts of Mexico in the Cutting case,
approved by the executive branch OF
that government upon the authority of the
Mexican statutes. The appellate court in re-
leasing Mr.. Cutting decided that the aban-
donmcnt of the complaint by the Mexican
citizens aggrieved by the alleged crime Ia
libelOuS publication), removed the basis of
further prosecution, and also declared justice
to have been satisfied by the enforcement of
a small part of the original sentence. The
admission OF SuCn q pretension would be at
tende with serious results, invasive Of the
jurisdiction of this government and highly
dangerous to our citizens in foreign lands.
Therefore, l have denied it, and protested
against its attempted exercise as unwar-
ranted by the principle of law and inter
national usuages A sovereign has jurisdic-
ton of otfenses which TAX effect within his
territory, although concerted or commenced
outside it; but the right is denied of any
foreign sovereign to punish a citizen of the
United States tor an offense contaminated
or our soil, even though the offense be
against q subject or citizen OF such sover-
eign. The Mexican statute in question makes
the claim bodily, and the principle, If con-
ceded, would create a dual responsibility in
III ClJlLCu dIlu 1Gau 10 COuIuhlOu OIL LudU
certainty in law which is an essential OF lib
erty. When citizens Of the United States
voluntarily go into a foreign country they
must abide by the laws there in force and
will not be protected by their own govern
menG from the consequences OF an otfense
against the laws committed in such foreign
country; but the watchful care and interest
Of this government over its citizens are not
relinquished because they have gone abroad,
and II charged with crime committed in the
foreign land. q fair and oDen trial, con-
Quoted with decent regard for justice, will
be demanded for them. With less than that
this government will not be content When
the life or liberty of its citizens is at stake,
whatever the degree to which e~xtradition
criminal Jurisdiction may have been
formerly allowed by consent and
reciprocal agreement among certain
of the European states, no such doctrine or
practice was ever known to the laws OF this
country or OF that from which our institu-
tions have mainly been derived In the case
of Mexico there are reasons especially strong
for perfect harmony in the mutual exercise
of jurisdiction. Nature has made us irrevo-
cably ~neighbors, and wisdom and kind feel
ing should make us friends The overflow
of capital and enterprise from the United
States is a potent factor In developing the
of Mexico and in building up the
property OF both countries To assist this
good work all grounds Of apprehension foS
the security of person and property should
be removed, and / trust that in the interests
of good neighborhood the statute referred to
will be SO modified as to eliminate the pres
emit possibilities Of danger to the peace of
the two countries
THE NETHERLANDS.
The government of the Netherlands has ex-
hibited concern in relation to certain
features of our tariff laws, which are sup
posed by them to be aimed at a class of to-
bacco produced in the Dutch East indies.
Comment would seem unnecessary Upon the
unwisdOm of legislation appearing TO have a
special national discrimination for its object
which, although u~nintentional, may give
rise to injurious relations. The establish
ment, less than four years ago, of a Iega-
ton at Teheran, Is bearing fruit in the inter-
est exhibited by the shah's government in the
industrial activity of the United States and
the opportunities of benefit. stable govern
ment is now happily restored in Peru by the
election of a constitutional president. A
period of rehabilitation is entered upon. Re-
covery is necessarily slow from the ex-
haustion caused by the late war and civil
disturbances A convention to adjust by ar
bitration claims of our ciUizens has been
promised and is under consideration. The
naval officer who bore to Siberia the testi-
monials bestowed by congress In recognition
of the aid given TO the Jeanette survivors
has successfully accomplished his mission.
His interesting report will be submitted. 1t
is pleasant to know that this mark Of appre-
citation has been welcomed by the Russian
government and people as BELTS the tradi-
tional friendship Of the two countries. Civil
perrurbations in the Samoan stands have
during the past few years been a source Of
considerable embarrassment To the three
governments-Germany Great Britain and
the United States-whose relations and extra
territorial rights In that important group are
guaranteed by treaties The weakness OF
the native administration and the conflict OF
opposing interests In the islands nave LEO
King Malietsa TO seek an aIliance or protec.
tion In some one quarter, regardless of thu
distinct engagements whereby no one Of the
three treaty powers may acquire any para
MnlfeIsa offered to place Samoa under thu