Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1886-12-08
HE CUTTING AFFAIR.
It Leads TO the Discovery of ove1
claim of JurisdiCtiOn.

In compliance with a resolution OF the Senate
l communicated to that body on August ~ last,
and also to the House of Representatives the
correspondence in the case OF A. K. Cutting, an
American citizen, then imprisoned i'll Mexico
charged with the commission OF d penal ofeDse
in Texas, of which Il Mexican citizen was the
object. After demand had been made for his re
lease, the charge against him was amended SO as
10 include a violation of Mexican law within
Mexican territory. This joinder of al.
legged ofienses, within and the other
exterior TO Mexico, induced me TO order a special
investigation of the case, pending which Mr.. Cut
ting was released. The incident has, however
disclosed claim of jurisdiction by Mexico novel
in our history whereby any offense committed
anywhere by foreig ner. penal in the place OF
its commission, and of which Mexican is the
object. may IL the offender be found III Mexico
be their tried and punished in conformity with
Mexican law. Jurisdiction was sustained by the
courts OF Mexico in the Cutting case and approved
by the executive branch OF that government
upon the authority OF Mexican stalute. The
appellate court in releasing Mr.. Cutting, decided
that The abandonment OF the complaint by Next
can citizens aggrieved by the alleged crime Ia
libelous publicatlon) removed the basis of
further prosecution anC also declared justice to
have been satisfied by the enforcement of n small
par of original sentence. The admission OF such
pretension would be attended with serious
results invasive OF the Jurisdiction of this
government and highly dangerous to
our citizens in foreign Dds. Therefore have
denied It, and protested against its attempted eX-
ercise unwa,Ianled. BY the principles of law
AID international usages sovereign has Juris-
dicIion OF offenses which take effect within his
errito-y although concerted or commenced out
side OF IT. but the right Is denied OF any foreign
sovereign 10 punish citizen OF the United
States TOR all otiense contaminated on our soil in
violation of our laws, even though the onense be
against subie or citizen of such SOW
eleign. The Mexican statute in question
makes the claim broadly, and the principle
if conceded would create dual responsibility in
the citizen and lead to CONFUSION destructive of
that certainty in the law which is an essential of
liberty When citizens of the United States vol
unfairly &c into foreign country they must
abide by the laws there in force, and Will not be
protected by their own government from the con-
sequences OF Otfense against those laws com.
mltted in such ioreign country But watchtul care
and interest OF this government over lis are
not relinQuiShed beca use they have gone abroad;
and il charged with crime committed in the
foreign land. fair and open trial conducted
with decent regard for justice and humanity, will
be demanded Tor them With less than that this
ty of It's citizens is at stake. Whatever the degree
TO which extra territorial criminal jurisdiction
may have been formerly allowed by consent and
reciprocal agreement hmong certain of the
European pow ers. no such doctrine or practice
WAS ever known 10 the laws OF this coun-
try or of that from which institu-
tions have mainly been derived. In the
case of Mexico there are reasons especially
strong for perfect harmony in the mutual eXer-
else of Jurisdiction. Nature has made US irIev-
ocably nelghbors and wisdom and kind feel
ings should make Us friends. The overflow of
capital and enterprise from the United States is d
potent factor in assisting the development OF the
resources Of Mexico ana in building up the prop
erty of both countries. o assist this good DIX
all grounds OF apprehension tor the security of
person aud property should be removed, and |
trnst that in the interests Ct good nelg hboThood
the statute referred 10 Will be go modified as TO
eliminate present possibilities OF danger to the
peace Of the TWO countries