Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-16
THE OTHER SIDE OF THE CASE.

THE OTHER SIDE OF THE CASE.
In this Cutting case the American reader
of the news should make up his mind de-
liberately. As the facts were at first re-
ported, American indignation was iusti-
fed. Then, it was simply the case Of an
American arrested by Mexican authorities
for an ofense committed on American soil.
Under that statement Secretary Bnyard
acted-it is now seen hastily-in per-
emptorily demanding Cuttings release.
But all questions have two sides. The
Mexican story puts different phase upon
the matter. Cutting published libel,
being then on Mexican soil He was, for
this, brought to the bar Of a Mexican
Court The law gives the power to the
Mexican Judiciary, where the crime is one
recognized by both countries, to effect
reconciliation, as also in a large number of
other cases. The Court brought the libeler
and the libeled together, and the latter
agreed to accept the retraction Of the
former, and it was given in writing.
Now, it is claimed, that under the Mex
lean code this only suspends penalty for
the ofense, and that, if the crime is re-
peated, the dismissal from custody under
the reconciliation, falls to the ground
Cutting, being set free, returned to Ameri-
can soil, reprinted the libel, and, carrying
the print back to Mexican territory and
distributing it there, he was taken into
custody and tried and punished for the
original ofiense.
The Government of Mexico, like ours,
is of three Independent branches, checks
upon each ether Secretary Bayard's de-
mand, therefore, was upon the executive
branch, that it should compel the Judicial
department to dismiss a prisoner whom
the latter branch Of Government holds it
has full Justification for OBTAINING and
Furnishing.
Let us put ourselves in like position. If
our Courts held a prisoner for trial and
maintained that he was legally incarcer-
ated, though an alien, what would we say
to a peremptory demand by a foreign
power upon the State Department that it
take the prisoner from the judicial power
and turn him over to the foreign demand :?
How would our Courts respond to such a
demand? Let us see in what light the
Mexieans consider it. Here is El Portido
Liberal asking:
BY what right may the Secretary of Relations
intermeddle in question that docs not pertain
to his oflic How will he proceed to determine
If Juan is innocent, or If Diego is guilty? In
viltue of what despotic prerogatiye may he
transform himself into Il Supreme Judge q tri-
bunal without appeal and open or close, at his
caprice the prison doors This would be TO
inver entirely the administrative order and de-
str0y the division of constitutional powers. The
American people, whose INSTITUTIONS are so
analogous to ours, comprehend perfectly this
truth. by virtue of what faculty could we direct
our Minister at Washington TO demand the lib
Grafton OF an accused Mexican held for trial by
the judicial authority OF the adjacent republic?
Admitted such practice. International rela-
tons would be impossible. For a foreigner in
any land there would either laws nor legal
penalties for any lrsnsgrcSSion. Crimes commit.
ted by aliens would have TO be adjudicated, not
by Courts of justice proceeding according To the
laws OF the lluu, DNl by Mlui-LrlcS OF te4aLlOuS
converted into judiCul relationships.
Under the assumption that Cutting is
not held for an act committed on Ameri-
can ground, but for the original crime
committed on the Mexican soil, and resur-
rected by circulating printed libel in
Mexico, the question is very different
one from that first stated to the public.
And there is strength in the claim that the
act Of circulating the printed libel in
Mexican territory was criminal uttering
of libel, and fell within Mexican jurisdic-
diction; precisely as with us that a pub
lished libel is an oifense wherever circu-
lated. But we do not now understand
Cutting to be held for that It is claimed
that that act was referred to at the trial
only to establish Cuttings Withdrawal
from the document Of Cancellation, and the
revival Of the original oliense.
There are plenty of people who would
like to stir up the trouble and bring on a
war with Mexico, since 10 a large class war
Is great gain. But the mercenary rea-
sons of few must not be permitted to
bring about conflict Of arms. Before we
let Indignation get the better of modera-
tion let US be sure that we are right. The
Government at Washington evidently dis
trusts the statement of the American Con-
sui at Paso del Norte, and has suspended
its peremptory order for Cuttings release
since the news is that trusted agent, a
lawyer Of ability, has been sent to Mexico
to investigate the case in all its phases and
report the result. This certainly means
the temporary abandonment of the original
order.
n, IL. I'M