The McCook tribune. (McCook, Neb.) 1886-1936, 1886-08-12
STRAIGHT Talk TO MEXICO.
uttered oy Mr.. Bavard, secretary of State.

In response to q resolution OF the senate
asking for information concerning the al
legged illegal detention OF A. X. Cutting by
the Mexican authorities ut Eel Paso del
Norte, the president transmitted to the
senate on the I'd a report OF the secretary
OF state, together with a voluminous mass
OF correspondence relating to the case. I'm
der date OF July l., United States Consul
Brigham, at El Paso del Norte, forwarded
to the United States Minister Jackson, at
Mexico, a full statement OF the facts at
tending the arrest and imprisonment OF
Cutting and an announcement OF his BRIG
ham's) failure to secure any reply to his
application for q fair trial or release on
bail for Cutting. On July 6, the United
States minister sought from NJ. Marescal,
Mexicna secretary of foreign affairs, the
proper relief for Cutting. Th follow
ing day NJ. Marescal replied that he
had recommended the governor Of Chihua-
hua to see that prompt and full justice
was administered On July II, Consul
Brigham stated that Cutting was still a
prisoner and nothing had been done for his
release. The secretary says the imprison-
ment OF this American citizen has thus con-
tinued for fully a month without explana-
ton or the prospect OF any. He Secretary
Bayard), on July 10, addressed a telegram
to Minister Jackson, reciting all the prece-
dent correspondence and facts, and stating
the legal position assumed by this govern
ment as a ground for demanding the release
OF citizens. Minister Jackson, on July %,
t~elegraphed the refusal Of the Mexican gov
eminent to accede to the Geographic de-
mand of Secretary Bayard for Cuttings
release, which was followed by another tele-
gram giving the Mexican reasons. Consul
Brigham, on July &c, telegraphed that the
governor of Chihuahua was pushing the
trial of Cutting, who ignored the proceed
ings. On July 81 the secretary mailed adj
ditional instructions to Minister Jackson.
Thu secretary, in this letter, refers to the
claim OF the Mexican minister here, based
on Mexican laws, whereby jurisdiction is
assumed by Mexico over crimes committed
against M%exicans in the United States,
or any foreign country, and his con-
tention that under this law the publica-
ton OF libel in Texas was made c~ognizable
and punishable in Mexico. The claim of
jurisdiction in Mexico was peremptorily
and positively denied by Secretary Bayard,
who declared that the United States would
not assent or permit the existence OF such
extra territorial force to be given to Next
can law. "Mr. Romero" he says, Finally
assured him that Cutting would be released
in a very short time" Convinced OF the
friendly and conciliatory spirit influencing
the Mexican government, the secretary in
forms the consul that, in his opinion, all
questions of conflicting interests between
the two governments can, without difficult
ty, he amicably, honorably and satisfac-
torily adjusted. In his report the secretary
says, touching the Mexican laws cited by
Mr.. Romero: This conflict of law is even
more profound than the literal difference OF
corresponding statutes, for it affects the
underlying principles OF security to personal
liberty and freedom of speech, or express
sion, which are among the main objects
sought to be secured by our framework OF
government. The present case may con-
stitute a precedent fraught with most seri-
Gus results. The alleged offense may be,
and undoubtedly in the present case is,
within the United States held out to be a
misdemeanor, not of a high grade, but in
Mexico may be associated with
penal results of the gravest char
acter. An act may be created by
Mexican statutes an offense Of high grade
which in the United States would not be
punishable in any degree. The safety OF
our citizens and all others lawfully within
our jurisdiction would be impaired if not
wholly destroyed by admitting the power
vi IL lOrelSn SGdle 90 ueUnlCe OHenSeS anu
apply penalties to acts committed within
the jurisdiction of the United States. The
United States and states composing this
Union contain the only forum for trial of
offenses against their laws, and to concede
the Jurisdiction of Mexico over Cuttings
case, as it is stated in Consul Brigham's re-
port, would be to substitute the iurisdic-
tion and laws OF Mexico for those OF the
United States over offenses committed
co1alu within tho TTpifal G., Zoe L,a o;f;za,
of the United States. The offense alleged
is the publication in Texas by a citizen OF
the United States OF an article deemed libel
Gus and criminal in Mexico. No allegation
of its circulation in Mexico by Cutting is
made, and no such circulation was practi-
cable or even possible, because the arrest
was summar!ly made on the same day OF
publication in the English language in
Texas, on the coming of the alleged writer
or publisher, into Mexico, and the Mexican
correspondence accompanying NJ. Mares
calls refusal to release Cutting, found
in the accompaniment to Minister
Jackson's dispatch Of July %,
1856. shows that the one hundred
and eighty sixth article of the Mexican code
is beyond the jurisdiction claimed. Under
this pretension it is obvious that any edi-
tor, or publisher OF any newspaper article
within the limits and jurisdiction of the
United States could be arrested and pun
ished in Mexico if the same were deemed
Objectionable to officials OF that country
after Mexican methods of administering
justice, should he be found within those
borders. Aside from the claim OF extra
dition power thus put forth for the laws of
Mexico and extending their jurisdiction
over the alleged offenses admittedly charged
to have been committed within the borders
of the United States, are to be considered
arbitrary and oppressive proceedings which,
as measured by the onstitutiona standard
of the United States, destroy the substance
OF the judicial trial and procedure to which
Cutting has been subjected. In transmit
ing the document to congress the president,
in a brief communication, says: a to the
inquiry contained in the resolution whether
any additional United States troops have
been recently ordered to Fl. Bliss, l answer