New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-25
rnr rnTTING INDENNTTY.


The Cuttinr case has a fatal fascination for
Secretary Bayard. The Importance which he
attached to Il in the first instance was Fictitious,
and his action in making importunate and TN
reasonable demands upon the Mexican Govern
| ment was as precipitate as his choice OF dipio-
matte agents was unfortunate, The release OF
the imprisoned journalist ought to have been
| welcomed by him as convenient pretext for
withdrawing from a controversy in which he
| had been overnatched-a bridge opened In the
rear by which he might make an orderly retreat.
| Undeterred by his previous discontinue he has
| returned to the charge with demand for
pecuniary indemnity for Cuttings arrest and
detention. The issue is again raised that the
Mexican courts had no right under interna-
tional law to punish an American citizen for a
libel published in Texas, and that every princi-
ple of Justice sanctioned in common by all
civilized nations was violated In his treatment.
To this demand Mr.. Mariscal has returned a
positive and rather discourteous refusal, argu-
ing the case in detail and supporting his views
of extra territorial rights, not only from the
works of European writer's On international
law, but also from the writings Of the Hon.
Francis Wharton, the legal adviser Of the
State Department.
There are two issues Of fact in this case
which have been persistently ignored by Secre-
tary Bayard. One is Cuttings actual resi-
dence in Mexico, where he had been prosecuted
for libelling the editor OF rival journal; and
the other is the circulation on that side OF the
Rio Grande of the libel which had been re-
printed in Texas. His claim TO American
citizenship did not release him from the juris-
diction Of the local courts whose authority he
defed by personally carrying across the river
copies of the Texas journal in which his letter
was published. The State Department AYERS
that the offence twas committed and con-
summated In his own country" since the letter
was printed in Texas. The consummation'
of libel includes its circulation, and as Cutting
returned in triumph to Mexico with copies Of
the letter for distribution there, he was tech
nically an offender against the local tribunals
which had warned him against repeating the
publication. These considerations have in
validated the State Departments reasoning
throughout this controversy and enabled MIR.
Mariscal to reject the demand for an indemnity
with cogent arguments as well as scant courtesy.
The principle which Secretary Bayard con-
siders Of urgent Importance is that OF extra
territorial jurisdiction. He regards it as in
toerable that an American citizen should be
punished in foreign country for an act COM
mitted In his own country and we do not dis
sent from his view. He has been SO unfOrtu-
nate, however, as TO seize upon case which
does not present the question of extra-terri-
torial jurisdiction in a clear and unmistakable
form. and the argument in its technical bear
ings Is against him. It might have been differ
eut II he had taken up the case Of an American
citizen who is now in prison in Cuba for writ
ing articles for a New-Yo rk journal while he
was In this country. That case might afford
the Secretary an excellent opportunity for
raising this question Of jurisdiction and de-
handing an indemnity for illegal arrest and
prolonged Imprisonment. Possibly he would
have shown interest in it If he had not dis
liked controversy with formidable Power like
Spain. 1t is comparatively safe TO display
frmness and energy in dealing with petty
States like Mexico and Morocco