Los Angeles daily herald., 1886-08-03
NEWS OF THE WORLD.
More Details Of the Cut
ting Affair.
STATEMENT FROM BAYARD
crook edness in New York Affairs
Our Equine Favorites-
Robbers Foiled.

illegal detention OF a. n Sussl"B "
+ the Mexican authorities at III Paso De-
Norte. the President transmitted 70 ths
Senate to-day the report Of the secre'
tary Of State. together with volumn'
Gus mass Of correspondence relative fo
the CASE. Under date Of July LIST,
United States Consul Brigham. at NJ
Psso Del Norte, forwarded 70 United
States Ministsr jackson, at Mexico.
full statement Of the facts attending the
arrest and imprisonmsht Of Cutting, and
n announcement Of his brigham q
failure to secure any reply 70 ms apph,
ostion for fair trial or rslsaas on bail o.
CotSiua. On July 9Th, the United ststss
MiaistSr sought from N. Marescal. Mex
ioan sscrstary Of Foreign Affair, proper
rsiisf for Cutting. TIE following day
M. M asosrel replied that he hsd recom-
usnded the Governor Of chihuahua to
see that prompt and free justice was ad-
ministercd. On July II Consul Brig
ham stated that Cutting was still pris-
onsr, and nothing had been done for his
release. The Secretary says that the
imprisonment Of this Amerioan Citizen,
having thus continusd for month
without explanation or prospect OF re-
4 lease, Secretary Bayard on July 10 adj
dressed 6 telegram to Minister jack
son instrueting him to demand Of the
Mexican government the instant release
IM A. X Cutting. This was followed on
July 20 by the instruction of the6ecretary
to Minister jackson, reciting eli Of the
corrospondence and facts and stating the
i1sQnl poitiou assumed by this govern
msnt = the ground for demkading the
release Of its citizens. Minister jackson
on July ed teIegraphed the refusal OF
the Mexican government to aooede TO the
tsloeraphic demand Of Secretary Bsyard
for Cuttings release, which WAS followed
BY aaothsr telegram, giving statement
Of the Mexican reasons. Consul Brig
ham ON July 26th telegrsphed that the
Governor Of ChihuxhuA was pushing the
trial Of Cutting, who ignored the pro-
ocsdinss. Oo July 9th the Secretary
mailed additional ins3ruotious.
The secrstary in bis letters refers to
the claim Of the Mexican minister here
based ON Mexican laws whereby the
Jurisdiction IL assumed by Mexico over
grimes committed against Mexicans In
the United States or any foreign coun-
try and his contention that under this
the publication Of libel in Texas was
made cognizsbIe and punishable in
Mexico. The claim Of Jurisdiction by
Mexico was peremptorily and positively
denied by Secretary BAyasd, vine de-
elared that the United States would nor
assent to or permit tho existence OF
such extra Territorial force to be given
TO the Mexican law. Mr.. Romero. he
says, fhally assured him that Cutting
would be released In very short time.
Convinced Of the friendly and concila-
tory spirit influencing the Mexican gov
srnmsnt, the Secretary informed the
Consul, that in his opinion. all ques-
tons OF conflicting interests between
tho two governments can, without din.
Guilty, be amicably, hooorably
and satisfactorily adjusted In this
report the ssoretavy says. touch
ing the American laws cited by
Mr. Romero that this conflict Of Law is
even more profound than the literal diff
ference Of corresponding statutes. for II
Affects the underlying principles OF Sc
curiiy to personal liberty aud freedom
Of speech or expression which are
among the main objects sought to DO
secured by our framework of the gov
ernmsnt. The present case may consti-
tute precedsut fraught with the most
serious results. The alleged offense
may be and undoubtedly is with
in she Unit Siates held to be mis-
dsmesnor not Of high grade, but in
Mexico may be associated with penal
result Of the gravest character. An act
may be created by Mexican statute an
offense Of high grade which in the
United States would mot be punishable
In any degree. The safety Of our
citizens and all Others lawfully with
in our jurisdiction would be greatly
impaired If not wholly destroyed by ad.
miiting the power Of foreign State to
define ofRcsrs and apply penslties TO
acts committed within the Jurisdiction
Of the United States. The United
States and the States composing this
Union onlAin the only forum for the
trial Of oifensss against their laws and
10 concede the jurisdiction OF the laws
Of Mex 90 over Cutting case ~ 1t 10
stated In Consul Brighsms report would
be TO substitute the laws and jurisdic-
ton Of Mexico for the United States
over offenses committed solely within
the United States by . citizen OF the
United States. The offense alleged
is the publication in Texas BY
.. citizen OF the United States of
u attitude deemed libelous and crimi-
nal .n Mexico. No allegation Il its cir
culstion in Mexico by MIR. ou...hg
made, and indeed no such circulation
was practicable or even possible. because
the arrest was summarily made on the
same day Of its publication in the Eng
Iish Language in Texas. The incaroer-
ating Of the alleged writer or pub
lsJhsr in Mexico, and the Mexican
corfsspondenoe accompanying Mr..
Marsscal's refusal to release Gut
ting. found Ia the accom- panlments
70 Minister Jscksons dispatch Of July
~, 1885, shows that the 1856 tn article Of
the Mexican Code 10 the ground of the
jurisdiction claim. Under this preten.
sion II h obvious that any editor or pub.
lishsr Of any newspaper article within
the limits and jurisdictisn Of the Unit ID
States could be arrested and punished
In Mexico, II the same were deemed OBJ
isctionable to the officials of that coun-
Try, ss.sr the Mexican methods of ad-
.ministering justice, stculd he be found
Within those borders. Aside iroi
the claim Of exlraditional power thus
put forth for the laws OF Mexico and ex.
:ending their Jurisdiction over alleged
offenses admitted. ard charged 10 have
been committed within the borders OF
the United States, are to be considered
arbitrary aud oppressive, and
the proceedings, as measured by
the constitutional standard of the
United Ststes to destroy the substance
Of Judicial trial and procedure to which
Cutting has been subjected. in trans
nitti- 20 document to Congress, the
Presii =, A&a brief Communication,
says Asso the inquiry contained in the
resolution, whether any additional
Uu,tsd states troops have been recently
ordered TO Fort Bliss, 81. answer in
the negative" The papers were refers !
to the Committee on Foreign Relations.
msxicans Fear Texas.
EL PALo Tex, August 2.-Several
days ago the Mexican authorities said