Crawford avalanche. (Grayling, Mich.) 1879-19??, 1886-08-12
The MEXICAN Affair.
Secretary Baysrd Submits the Cores
pondence in the Cutting Affair
to Congress.
A Hint That, Having Done All He
Can, IL IL Time for That
Body to Act.
Washington 6ispatch.1

Washington 6ispatch1
In response TO the resolution Of Che
Senate asking for information concerning
the alleged Illegal detention of A. X. Cut
ting by the Mexican authorities at Ell Paso
del Norte. the President transmitted to the
Senate the report Of the Secretary OF
State, together with a voluminous mass of
correspondence relative TO the case. Fol-
lowing Is summary of the report:
Under date of July United States Con-
sui Brigham at Ell Paso del Norte forward
ed to United States Minister Jackson at
Mexico a full statement of the facts at
tending the arrest and imprisonment OF
Cutting, and en- announcement of his Brig
hams) failure to Secure any reply to his ap-
plication for fair trial OF ths release on
bail Of Mr.. Cutting. July 6 the United
States Minister sought from M. Marescal,
the Mexican Secretary of Foreign Affairs,
proper relief for Mr.. Cutting. The follow
ing day M. Marescal replied that he had
recommended the Governor of Chihuahua
to see that prompt and full justice was ad-
mihistered. Jnly IL Counsel Brigham
stated that Cutting was still prisoner and
nothing had been done for his release. The
Secretary says that the imprisonment Of
this American citizen having thus continued
for full month without explanation or
prospect of a release, he (Secretary Bay
ard), July 10, addressed telegram to Min
lister Jackson instructing him to demand of
the Mexican Government the instant re-
lease of A. X. Cutting. This was followed
July 20 by instructions of the Secretary
to Minister Jackson, reciting all the
precedent correspondence and facts,
1exfo ha xnogsA;r,. ii -.
this Government as q ground for demand
ing the release of its citizens. Minister
Jackson July z2 teiegruphed the refusal or
the Mexican Government to accede to the
telegraphic demand of Secretary Bayard
for Cuttings release, which was followed
by another telegram giving a statement Of
the Mexican reasons. Consul Brigham
July 26 telegraphed that the Governor Of
Chihuahua was pushing the trial of Cut
ting, who ignored the proceedings. July
27 the Secretary mailed additional instruc-
tions to Minister jackson. The Secretary
in this letter refers to the claim of the
Mexican Minister here, based on the Mexi-
can laws, whereby jurisdiction Is assumed
by Mexico over crimes committed against
Mexicans in the United States or any
foreign country, and his contention
that under this law the publi-
cation of libel in Texas was
made cognizable and punishable in Mexico.
The claim of jurisdiction by Mexico was
peremptorily and positively denied by Sec
retary Bayard, who declared that the United
States would not assent TO or permit the
existence of such extra territorial force to
bfys;Ynistf, Metiasp .laH I'D .Mr, Rome ,ha
be released in q very short time. Con-
vinced of the friendly and conciliatory
spirit influencing the Mexican Govern
ment the Secretary informed the Consul
that in his opinion all questions OF con.
fiicting interests between the two Govern
ments can without difficulty be amicably,
honorably, and satisfactorily 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 expression, which are among the
maiti objects sought TO be secured by our frame
work Of governments.
The present case may Constitute q precedent
fraught with the most serious results. The nj.
legged offense may be-and undoubtedly in the
present case is-within the United States held
to be a misdemeanor, not Of q high grade; but
In Mexico may be associated with penal results
OF the gravest character. An act may be created
by Mexican statute an offense Of high grade
which in the United States would not be
punishable in any degree. The safety OF oui
citizens and all others lawfully within oul
Jurisdiction would be greatly impaired, II no,
wholly Destroyed, by admitting the power of Q
ties to acts Committed within the Jurisdiction Of
the United States. The United States and the
States composing this Union contain the only
forum for the trial of offenses against their laws
and to conce EIDE the Jurisdiction of Mexico ovel
| Cuttings case, as IL is stated in Consul Brig
| hams report, would be to substitute the turis
| diction and laws OF Mexico for those OF thu
United States over offenses committed solel,
within the United States by a citizen OF the
United States The offense alleged 4
the nsea In s.asss TsaHs an n
ole deemed libelous and criminal 4
Mexico. No allegation Of its circulation II
such circulation was practicable or even posi-
| BILE, because the arrest was summar1ly made Q,
the same day of the publication In the Englisl
language OF Texas Ths coming Of tne me- ailege; es;
| can correspondence accompanying Mr.. Mares
calls refusal to release Cutting found In the &C
compartments to Minister Jackson's dispatcl
i of July o. 1885, show that the 1e6th article o
the Mexican code is the ground OF the jurisdic
ton claim. Under this Pretension It Is obviou
that any editor or publisher OF any newdsPsPS
of the United States could be arrest
ed and published in Mexico IL the same wer
deemed Objectionable to the officials Of tina
| country, after the Mexican methods Of admins
tering Justice should be found within those Dol
ders. Aside from the claim OF extraditiona
power thus put forth for the laws OF Mexico. an
| extending their jurisdiction over alleged ohense
admittedly charged to havo been commttte
| within the borders Of the United States are
be considered the arbitrary and oppressiv
| proceedings which, as measured by the const
| tutional standard Of the United States, destro
the substance of judicial trial and procedure
which Mr. Cutting has been subjected.
In transmitting the document to Con
press the President in brief communica
ton says:
As TO the inquiry contained In the resolution
@Whether any additional United States trooI
have been recently ordered TO Fort Bliss" al
swer in the nt sLtive.
The papers were referred to the Commit
tee on Foreif Slations.