The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-03
THE DETENTION OF CUTTING.
The Official Correspondence in the Case
Sent to the United States Senate.
Secretary Bayard Declares that the Prepos-
ferrous Claims Set { p by Mexico as to
Jurisdiction Cannot Be Admitted.


WAsHINGToN, Aug. 2-In response to the res
oiution OF the Senate asking for information con-
corning the alleged illegal detention of A. K.
Cutting by the Mexican authorities at Paso del
Norte the President submitted to the Senate
to-day the report of the Secretary of State, TO-
gethsr with voluminous mass of correspond
ence relative to the case. Under date of July l,
United States Consul Brigham. at Ell Paso del
Norte, forwarded to United States Minister
jackson, at Mexico. full statement of the
facts attending the arrest and imprisonment OF
Cutting and an announcement Of his Brig
ham'sl failure to secure any reply to ms
application for fair trial or the release on
bail of mr. Cutting. On July the United
States minister sought from d. Marescal, the
Mexican Secretary of Foreign Affairs, proper re-
lief for NJ. Cutting. The following day Mares
cal replied .Aat he had recommended the Gov
ernor of chihuahua to- see that prompt and full
justice was administered. On July II, Consul
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 then continued for a full
month without explanation or prospect of re-
lease, he tSecretary Bayard). on July I9, ad
dressed a telegram to Minister Jackson
instructing him TO demand of the
Mexican government the instant release
Of A. K. Cutting This was followed
on July 20, by instructions of the Secretary to
Minister Jackson reciting all the precedent cor
respondence and facts and stating the legal po-
sitions assumed by this government as ground
for do ding thn rolo If &c AFT Mn
lister Jackson, on July %, telegraphed the re-
fusal 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 rea-
sons Consul Brigham, on July rs. telegraphed
that the Governor of Chihuahua was pushing
the trial of Cutting, who ignored the pro-
ceedings. On July 27 the Secretary mailed
additional instructions to Minister jackson. The
Secretary in this letter refers to the claim of the
Mexican minister here, based on the Mexican
laws, whereby jurisdiction is assumed by Mexico
ovet crimes committed against Mexicans in the
United States or any foreign country, and his
contention that under this law the publication of
a libel in Texas was made equitable and pun
ishable in Mexico. This claim of jurisdiction
by Mexico was peremptorily and positive
ly denied by Secretary Bayard, who de-
clared that the United States would
not assent to or permit the existence of such ex-
traterrisorial force to be given to Mexican law.
Mr.. Romero. he says, finally assured him that
Cutting would be released in very short time.
Convinced of the frindly and conciliatory spirit
influencing the Mexican government, the Secre-
tary informs the consul that, in his opinion all
questions of conflicting interests between the
two governments can, without difficulty, be
equitably, houorably 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 framework
of government. The present case may consti-
tute precedent fraught with the most serious
results. The alleged effense may be. and un-
doubtedly in the present case is. within the
not of high grade but in Mexico it
may be associated with penal result OF
the gravest character. The safety of our
citizens and all others lawfully within our juris-
diction would be greatly impaired, II not wholly
destroyed by admitting the power of foreign
state to define offenses and apply. penalties 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 concede the jurisdiction of Mexico over Cut
tings case as it is stated in Consul Brigham's
report would be to substitute the jurisdiction
and laws Of Mexico for those of the
United States over offenses committed
d
citizen of the United States The offense
alleged is the publication in Texas, by o citizen
of the United States, of an article deemed libel
Gus and criminal in Mexico. No allegation of it's
circulation in Mexico by Mr. Cutting is made,
and, indeed, no such circulation was practicable
or even possible, because the arrest was sum-
marily made on the same day of the publication
in the English language in Texas, on the coming
of the alleged writer or publisher into Mexico,
companying Mr. Marescal's refusal to re-
lease Cutting, found in the accompani-
ments to Minister Jackson's dispatch of
July %, 1886. shows that the 166th article of the
Mexican code is the ground Of the jurisdictonal
any editor or publisher of any newspaper article
within the limits and jurisdiction of the United
States could be arrested and punished in Mexico
II the same were deemed Objectionable to the
officials of that country, after the Mexican
methods of administering justice, should he be
found within those borders. Aside from the
claim of extraditional power thus put forth for
the laws of Mexico and extending their juris-
dction over alleged offences admittedly charged
to have been committed within the borders of
the United States, are to be considered the ar
bitrary and oppressive proceedings which, as
measured by the constitutional standards of the
United States, destroy the substance of judicial
trial and procedure. to which Mr.. Cutting has
been subjected"
In transmitting the document to Congress, the
President, in a brief communication, says LAS
to the inquiry contained in the resolution
Whether any additional United States troops
have been recently ordered to TT. Bliss an
swer in the negative"
The papers were referred to the committee on
foreign relations.
Cutting Not Yet Sentenced.
Ell PAso, Tex, Aug. 2-Several days ago the
Mexican authorities said that Cutting would re-
ceive mis- sentence last Saturday, but the prom
Use was not kept 1t is row said by them that the
sentence will be pronounced next Wednesday to
a certainty. The populace of Paso del Norte