Huntsville gazette., 1886-08-07
A SERIOUS CASE.

greSS.
WASHINGTON, Aug. 3.-In response to
resolution of the Senate asking for in
formation concerning the alleged Illegal
detention of A. X. Cutting by the Mexi-
can authorities at FL Paso del Norte, the
President transmitted to the Senate yes
terday the report Of the Secretary of State,
together with vouminous mass of cor
sespondence relative. to the case. Under
date of July ], United States Consul
Brigham at El Paso del Norte forwarded
to United States Minister Jackson at
Mexico a full statement of the facts
attending the arrest and imprison-
ment of Cutting, and an an
nouucement Of his (Brigham's) fall
ure TO procure any reply to his
applications for Il fair trial or release On
bail of Mr.. Cutting. On July 6 the
United States Minister sought from NJ
Marescaf, the Mexican Secretary of For
eign Affairs, relief foy Mr.. Cntting. The
following day M. Marescal replied that
he had recommended the Governor ! OF
chihuahua to see that prompt and full
justice was administered. On July II
Consul Brigham stated that Cutting was
still in PRISON, and that nothing had
been done for his release.
The Secretary says that the imprison.
n1ent OF this American citizen having
thus continued for month swith out ex-
planatiom or prospect of release, he
(Secretary Bayard) on July l9 addressed
a telegram to Minister Jackson instruct
ing him to demand of the Mexican
government the instant release of a. X
Cutting. at4f ,v 5,..-
This was followed on-July 90 by in
structions of the Secretary to Minister
Jackson reciting all the precedent CORE
spondence and facts, and stating the legal
positions of this Government as a
ground for demanding the release of its
citizen. -iit;''$
Minister Jackson, on July %, tele-
graDhed the refusal of the Mexican Gov
ernment to accede to the telegraph del
mand of Secretary. Bayard for Cuttings
Y release, which was followed by another
telegram giving statement of the Mexi-
can reasons --
Consul brigham, on July &c, tcle-
graphcd that the Governor of Chihuahna
was pushing the trial Of Cutting, who
ignored the proceedings.
On July q the Secretary mailed addi-
tional Instructions to Minister, jackson
The Secretary i'll this letter refers to the
claim of the Mexican Minister here,
based on the. Mexican Jaws. where
by jurisdiction is assumed by Mexico
over crimes committed against Mexican S
in the United States or any foreign coun-t
try, and his contention that under this
law the publication of a libel in Texas
was made cognzable and punishable in
Mexico. ts MHs# e.f
This claim of Jurisdiction by Mexico
was peremptoriiv and positively denied
by Secretary Bavard who declared that
the United States would not assent TO or
permit the existence of such extra terri7
torial force to be given to Mexican law.
NJ Romero, he says, finally assured HIM
that Cutting would be released in very
short time. Convinced of the friendly
and conciiatory spirit influencing the
Mexican Government, the Secretary in
formed the Consul that, in his opinion,
all questions of conflicting Interests be!
tween the two governments would, with7
out difficulty, be equitably, honorably
and satisfactorily adjusted. 4
In his report the Secretary says, touch
1DOlDe NCAiCttlI law sCltcu w M. hOlHclu'
"rhis conflict of law is even more pro-
found than the literal differences Of corr
responding statutes, for it affects the uni
dcrlying principles of security topersonal
liberty and freedom of speech or expires;
sion which are among the main objects
sought to bc secured by our frame work
of Government. The present casemay
constitute precedent fraught with mosl
serious results. The alleged offense may
be - and doubtless in the pres
ent case is - within the United
States held to be misdemeanor, not
of high grade; but in Mexico may be as-
sociated with penal results of the gravest
character. An act may be, created by a
Mexican statute an offense of nigh grade,
which in the United States would mott be
punishable iii any degree. The safety Of
our citizens and all others lawfully with
in our Jurisdiction would be greatly inn
paired, if not wholly DESTROYED, by adj
mitlins the power of foreign State to
define offenses and apply penalties to acts
committed within the jurisdiction ofthe
United States. The United States and
the States composing this union contain
the only forum to the trial OF OffenSes
against their laws, and to concede the
jurisdiction of Mexico over the Cutting
case, as it is stated in Consul Brigham's $
report, would be to substitute the juris-
dictiolfandsla of Mexico for those OF
the United States over offenses COM
mitted solely withip the United States by
aciiizen of the United States.
The offense alleged is the. publication
in Texas by citizen of the United States
Of an article deemed libelous and criminal
in Mexico. No allegation of its circula-
ion in Mexico by Mr.. Cutting is made,
and indeed no such circulation was prac-i
ticable OF even possible, because the ar
rest was summariy made on the same
day of the publication in the Ensiisfi,
language in Texas and on the coming OF
the alleged writer or. publisher, INTO
Mexico. and the Mexican correspondence
accompanying Mr.. Mareseal's refusal 20
release Cutting. found in the accom-
paniments to Minister Jaekson's dispatch
of July 23, 1856, show that the l56tn
article of the Mexican code IS the Srouhu
of the jurisdictional claim. ss.
The Presidents message In the cutting
case reached the House during roll can,
and consequently was not formerly pre-
sented. TWAS, however, Informally iaia
by the Speaker before the chairman OF
the committee on foreign affairs Mr.
RplmODtl who eallad~a .snpcial NEE ting