Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-12-07


all her commercial treaties Mexico has
since concluded with several foreign Gov
ernments new treaties of commerce and
navigation, defining alien rights of trade,
property and residence, treatment Ofsmp-
ping consular privileges and the like.
Our yet unexecuted reciprocity convention
of S83, covers none of these points, the
settlement of which is not necessary to
good relationship. / propose to initiate
with Mexico negotiations for new and
enlarged treaty of commerce and naylga-
tiOn.
CUTTINGS CASE.
In compliance with resolution of the
Senate, communicated to that body on
August 2nd last, and also to the House OF
Representatives, the correspondence in the
case of A. K. Cutting, an American citi-
zen then imprisoned in Mexico, charged
with the commission of q penal Otfense
in Texas. of which Mexican citizen was
the object. After demand had been made
tor his release, the charge against him was
amended so as to include viola
ton of Mexican law within the Mex
lean territory. This joinder Of alleged
offenses, one within and the other ex-
terror to Mexico, induced me to
order q special investigation 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 offence COM
mitted anywhere by a foreigner alien to
the place of commission, and of which q
Mexican is the object, may, if the Offend
er be found in Mexico, be there tried and
punished in conformity with Mexican
laws. This jurisdiction was sustained by
the courts of Mexicoin the Cutting case,
and approved by the executive branch Of
that Government upon the authority OF
q Mexican statute. The appellate
Court, in releasing Mr. Cutting, decided
that the abandonment of the complaint by
the Mexican citizens, aggrieyed by the
alleged crime Ia libelOus publication re-
moves 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 such
a pretension would be attended with
serious results, invasive of the jurisdiction
of this Government, and highly dangerous
to our citizens in foreign lands; therefore,
have denied it and protested against its
attempted exercise as unwarranted by
the principles of law, and international
usages. A sovereign has
JURISDICTION
of offence which take effect within his ter
ritOry although concocted or commenced
outside of it, but the right is denied of
any foreign sovereign to punish citizen
Of the United States for IN offence COM
mitted on our soil in violation of our laws
even though the offence be against n sub
ject or citizen of such sovereign. The
Mexican statute in question makes the
claim broadly, and the principle if con-
ceded would create dual responsibility
in the citizen and lead to inextricable
confusion destructive of that certainty in
the law which is an essen
tial OF liberty. When citizens
of the United States voluntarily go into q
foreign country they must abide by the
laws there in force and will not be pro-
tected by their own Government from the
consequences of an Otlense against these
laws committed in such foreign country
but watchful care and interest of this gov
eTnment over its citizens are not relin-
quished because they have gone abroad
and if charged with crime committed in
the foreign land fair and open trial con-
Quoted with decent regard for justice and
humanity will be demanded for them.
With less than that this government will
not be content when life or liberty of its
citizens is at stake Whatever the degree
to which extraterritOrial criminal iuris-
dictiOn may have been formally 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 in
Stitutions have mainly been derived. In
the case of Mexico there are reasons eSpe
cially strong for perfect harmony in the
mutual exercise of the jurisdiction. Ma
ture has made us irrevOcably neighborS,
and wisdom and kind feeling should make
us friends. The overflow of capital and
enterprise from the United States is q
potent factor in assisting the development
OF the resources of Mexico and in building
up the prosperity of both countries. To
assist this good work all grounds of appre-
hensOn for the security of person and
should be removed; and | trust
that i'll the interests of good neigbOrhood
the statute referred to will be so modified
as to eliminate the present possibilities of
danger to the peace of the two countries.
The government of the Netherlands has
nlaN 1A fyi,
the features of tariff laws, which are sup
posed by them to be aimed
at a class of Tobacco produced in the Dutch
East Indies. Comment would seem unne-
ceSSary upon the unwisdOm of legislation
appearing to have special national dis
for its object which although
may give rise to injurious
taxation.
The establishment less than years
ago of legation at Teheran is
bearing fruit it in the interest exhibited
by the Shah's government in the indus
trial activity of the United States and the
of beneficial interchanges.
PERU.
Stable government is now happily re-
stored in Peru by the election of con-
stitutional President and a period of
rehabilitation is entered upon. But the
recovery is necessarily slow from the eX
haustion caused by the late war and civil
A convention to adjust by
arbitration claims of our citizens have been
proposed and is under consideration.
The naval officers who bore to Siberia
the testimonials bestowed by Congress in
recognition of the aid given to the jean
nette survivors has successfully accom-
pliShed his mission. His interesting re-
port will be submitted. 1t is pleasant to
know that this mark Of appreciation has
been welcomed by the Russian Government
and people as BELTS the traditional friend.
ship of the two countries.
SAMOAN ISLANDS.
Civil perturbations in the Samoan
Islands, have, during the past four years,
been a source of considerable embaraSs-
ment TO the three governments, Germany,
Great Braitain and the United States,
whose relations and extraterritOrial rights
in that important group are guaranteed by
treaties. The weakness of the native ad-
miniStration and the conflict of the OnnOS-