The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1886-08-12
THE MEXICAN AFFAIR.
Secretary Bayard Submits the Cores.
pOndence In the Cutting Affair
to Congress.
A Hint That. Having Done All He
Can, 1t is Time for That
Body TO Act.
Washington dispatch.l


In response TO the resolution of the
Senate asking for information concerning
the alleged illegal detention of A. X. Cut
ting by the Mexican authorities at FL Paso
del Norte, the President transmitted TO the
enate the report of the Secretary of
State, together with voluminous mass Of
correspondence relative 10 the case. Fol-
lowing is a summary of the report:
Under date of July United States Con-
sui Brigham at FL 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 an announcement of his Brig
ham's) failure to secure any reply to his ap-
plication for a fair trial or the release on
bail of Mr.. Cutting. July 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 adj
ministered. July II Counsel Brigham
stated that Cutting was still a prisoner and
nothing had been done for his release. The
Secretary says that the imprisonment Of
this American citizen having thus continued
for "A full month without explanation or
prospect of a release, he (Secretary Bay
ard, July 10, addressed a 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,
and stating the legal position assumed by
this Government as n ground for demand
ing the release of its citizens. Minister
Jackson July 20 telegraphed the refusal of
the Mexican Government to accede TO the
telegraphic demand of Secretary Bayard
for Cuttings release, which was followed
by another telegram giving 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
81 the Secretary mailed additional instruc-
tons 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 publ
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
rotary Bayard, who declared that the United
States would not assent TO or permit the
existence Of such extra territorial force to
be given to Mexican law. Mr.. Romero, he
says, finally assured him that Cutting would
be released in q very short time. Con-
WINGED of the friendly and conciliatory
spirit influencing the Mexican Govern
ment, the Secretary informed the Consul
that in his opinion all questions Of con-
hicting 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
main objects sought to be secured by our Frame
work of government
The present case may constitute precedent
fraught with the most serious results The al
legged offense may be-and undoubtedly in the
present case is-within the United States held
to be misdemeanor, not of high grade but
in Mexico may be associated with penal results
of the gravest character. An act may be created
by a Mexican statute an offense of a 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 greatly impaired IL NOE
wholly destroyed by admitting the power of ;
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 ofenses against their laws.
and TO concede the jurisdiction of Mexico over
Cuttings case, as IL is stated in Consul Brig.
hams report, would be to substitute the juris-
diction and laws OF Mexico for those Of the
United States over offenses committed solely
within the United States by citizen Of the
United States. The offense alleged is
Of the United States, of an arti-
Gle deemed libelous and criminal in
Mexico. No allegation Of its circulation in
Mexico by Mr.. Cutting is made, and indeed no
such circulation was practicable even posi-
Bile, because the arrest was summarily made on
the same day of the publication In the English
language Of Texas. The coming of the alleged
writer or publisher into Mexico, and the Mexi-
can correspondence accompanying Mr.. Mares
Gals refusal to release Cutting found in the ac-
compartments to Minister Jackson's dispatch
OF July %. 1886, show that the 1e6th article Of
the Mexican code 10 the ground Of the jurisdic-
ton claim. Under this pretension it is obvious
that any editor orpublisher Of any newspaper
article within the limits and jurisdiction
Of the United States could be arrest
ed and published in Mexico IL the same were
deemed objectionable TO the officials Of thar
country, after the Mexican methods Of admins
tering justice should be found within those bor-
power thus put forth for the laws of Mexico. and
extending their jurisdiction alleged offenses
admittedly charged TO have been committed
within the borders of the United States are TO
be considered the arbitrary and Oppressive
proceedings which, as measured by the consti-
tutional standard of the United States, destroy
the substance of judicial trial and procedure to
which Mr., Cutting has been subjected
In transmitting the document to Con-
gress the President in brief communica-
ton SAYS:
AS to the inquiry contained in the resolution,
whether any additional United States troops
have been recently ordered to Fort Bliss, 1 an
swer in the negative
The papers were referred to the Commit