The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-07

shootiof our system, owing its origin
to the associated beneVolence of Amer
lean citizens, whose praiseworthy eff
forts TO create nucleus of civilization
In the dark continent have commanded
respect and sympathy everywhere,
especially 10 this country. Although
formal protectorate over Liberia is
contrary TO our traditional policy, the
mora. right and duty of the United
States TO assist in sll proper ways in
theinaintenance OF its integrity is OBJ
viOus and has been consist
entity advanced during nearly
half j = century. l recommend
that IN the reorganization OF our navy,
small vessels 10 longer found adequate
10 our needs, be presented 10 Liberia
10 he employed by il in the protection
o. its cOastwise revenues.
MEXICO.
The encouraging development of
beneficial and int mate relations be-
tween the United States aud Mexico,
which has been So marked within the
past few years, Is at once tie occasion
OF congra.ulation and Of friendly So
licitGde. / urgently renew my former
representation of the need OF speedy
legislation by Congress To carry into
effect the reciprocity commercial
convention OF January 20, 1888.
Our commercial treaty of 1881
with Mexico was terminal ID according
70 It's provisions in 1881, 1po1 MOTIF
cation given hy Mexico, IL pursuance
OF her announced policy Of recasting all
her American treaties. Mexico has
since concluded with sCYeTg! foreign
governments new treaties of commerce
and navigation, &C fiBing alien rights of
trade, property, and residence, treat
ment OF shipping, consular privileges,
and toe like. Our vet unexecuted re-
ciprpcity convention of 1883 covers
none Of these points, the settlement
OF which Is so necessary TO good re-
IatiOnship. | propose 10 initiate with
Mexico negotiations for q new and
enlarged Treaty of commerce and nayi-
CATION.
THE CUTTING CASE.
In compliance with resolution of
the Senate, communicated 70 that body
on August 2d last, and also TO the
House OF RepreS eGjatiyeS, the CORES
pOndenCe in Tie case of 4. X. Cutting,
an American citiZes then Imprisoned in
Mexico, charged With the commission
OF penal offenSe in Texas, of which
q Mexican citizen was the object. AT
teT demand had been made fer his re
lease, the charge against him was
amended so as 20 include a violation of
Mexican law within Mexican Territory.
This iOinder Of alleged Ofenses, one
within and the other exterior
10 Mexico, induced me to
order a special investigation of the
case, pending which Mr.. Cutting was
released. The incident has, however
disclosed 4 claim OF Jurisdiction by
Mexico novel in our history, whereby
any offcnse, committed anywhere by 8
foreigner, lpenal in the place of its
commission, and of which q Mexican
is the object, may, il the offender be
found in Mexico, be there tried and
published in conformity with Mexican
laws. Jurisdiction was sustained ~
the courts of Mexico in the Cutting
case and approved by the eXecu-
tive branch OF that Government,
upon the authority of q Mexi
can statute. The appellate
court, in releasing Mr. Cutting, decid
ed that the abandonment of lac com
plant by the Mexican CIt.Z Ii az
grieved by the alleged crime "a libel
Gus p1biiCation) removed the basis of
further prosecution, and also declared
justice to have been satisfied by the
enforcement Of small part of the
original sentence. TIE admission OF
such a preteusion would be attended
with serious results, invasive of the
Jurisdiction of this government, and
highly dangerous TO our citizens in
foreign lands; therefore I have denied
it, and protested against its attempt
ed exercise as unwarranted by the
principles of law and inter
national usages. A sovereign
his Jurisdiction OF offences which take
effect within his territory, although
cOncocted or commenced outside of it;
but the right is denied of any foreign
sovereign to punish a citizen of the
United States for an offense consumma-
ted on our soil in violation of outlaws,
even though the offense be against q
subject or citizen OF such sovereign.
The Mexican statute in question makes
the claim broadly, and the principle, if
conceded, would create a dual respon-
sibiiity IN the citizen and lead to q con-
fusion, destructive of that certainty
in the law which is an
essential 10 liberty. When citizens
of the United States voluntarily 90 into
q foreign country, they must abide by
the laws there in force, and will not
be protected by their Own government
from the consequence of an offeDse
against those laws committed in such
foreign country; but the watchful
over ITS citizens are not relinquished
because they have gone abroad, and If
charged with crime committed in
foreign land, fair and open trial con-
Quoted with j decent regard for justice
and humanity, viii be demanded for
for thsm. With less than that this
government will not &c content, when
the life or liberty of is citizens is at
stake. Whatever the degree to which
extra territorial criminal Jurisdiction
may have been formerly allowed by
consent aud reciprocal agreement
among certain OF the European states,
Z no such doctrine or practice was ever
/ known to the laws OF this country or
. of that from which our institutions
have mainly been derived. In the case
of Mexico, there are reasons especially
strong for perfect harmony in the mu-
tual exercise o. jurisdiction. Nature
] hsz made III irrayrra w neigh hOrS. and