The evening times., 1898-12-05

| States and with other countries remain
| unchanged until legislation shall other
wise provide. Fhe1 consuls of Hawaii,
| here and in foreign countries continue to
| fulfill their commercial agencies, while
the United States consulate at Honolulu
| is maintained for all appropriate services
| pertaining to trade and the revenue 1t
| would be desirable that all foreign con-
| Suls in the Hawaiian Islands should re-
| ceiye new exequaturs from this Govern
ment.
| The attention of Congress is called to
| the fact that our consular offices having
| ceased to exist in Hawaii, and being
about to cease in other countries coming
| under the sovereignty of the United
! States, the provisions for the relief and
| transportation of destitute American sea-
men in these countries under our consul
| lar regulations will in consequence termi-
| nate. 1t is proper, therefore, that new
| legislation should be enacted upon this
| subject, in order to meet the changed con-
| ditions.
| DISPUTE WITH MEXICO.
| The Interpretation of certain provisions
| of the eXtradition convention of Decem-
! ber II, 1861, has been at various times the
occasion of controversy with the Govern
| ment of Mexico. An acute difference
arose in the case of the Mexican demand
| for the delivery of Jesus Guerra, who,
| having led a marauding expedition near
| the border with the proclaimed purpose
| of initiating an insurrection against Pres
| ident Diaz, escaped into Texas. Extradi-
| ton was refused on the ground that the
| alleged offense was political in its char
| acter and therefore came within the
| treaty proviso of nonsurrender The
| Mexican contention was that the excep-
| ton only related to purely political Of
| fenseg, and that as Guerra'S acts were
| admixed with the common crime of mur-
| der, arson kidnapping, and robbery the
! option of nondelivery became void. po-
Sition which this Government was unable
| to admit in view of the received interna-
tional doctrine and practice in the matter
The Mexican Government, in view of this
gave notice January a, 1898, of the ter
mination of the convention. to take ef-
| feet twelve months from that date, at
the same time inviting the conclusion of
new convention, toward which negotia-
tions are on foot.
In this relation j may refer to the ne
cessity of some amendment of our ex-
listing eXtradifion statute It is a conf
mon stipulation of such treaties that
| neither party shall be bound TO give up IT'S
own citizens. with the added proviso in
one of our treaties that with Japan, that
it may surrender If it see fit. 1t is held
in this country by an almost uniform
course of decisions that where a treaty
negatives the obligation to surrender the
President is not invested with legal au-
thority to act. The conferment of such
authority would be in the line of that
sound morality which shrinks from af-
fording secure asylum to the author of a
heinous crime Again, statutory provi-
sion might well he made for what Is
styled eXtradition by way of transit
whereby a fugitive surrendered by one
foreign government to another may be
conveyed across the territory of the Unit
ed States to the jurisdiction of the de-
manding state. A recommendation in
this behalf made in the Presidents Mes
sage of 1856, was not acted upon. The
matter is presented for your considera-
ton.
HORDER SMUGGLING.
The problem of the Mexican Free Zone
has been often discussed with regard to
its inconvenience as provocative OF SNUG
CLING into the United States along an ex-
tensive and thinly guarded land border.
The effort made by the joint resolution
of March /, 1895, to remedy the abuse
charged by suspeDdins the privilege of
free transportation in bond across the
territory of the United States to Mexico
failed of good result, as is stated in Re
port No. T02 Of the House of Representa-
tives, submitted in the last session, March
II. 1895. As the question is one TO be con-
veniently met by wise concurrent legisla-
ton of the two countries looking To the
protection of the revenues by harmonious
measures operating equally on either side
of the boundary, rather than by conven-
tional arrangements, | suggest that Con-
- III
ing and inviting a conference of represen-
tatiVes of the Treasury Departments of
the United States and Mexico 10 consider
the subject in all its complex bearings,
and make report with pertinent recon-
mendations TO the respective Governments
for the Information and consideration of
their Congresses.
The Mexican Water Boundary Commits
sion has adjusted all matters submitted to
it TO the satisfaction of both Governments
save in three important cases; that of the
"ChamizaT' at Ell Paso, Texas, where
the two Commissioners failed TO agree
and wherein, for this case only. this
Government has proposed to Mexico the
addition of a third member; the proposed
elimination of what are known as Ban
cos small isolated islands formed by the
cutting off of bends in the Rio Grande.
from the operation of the Treaties OF 1881
sioners and approved by this Government,
but still under consideration by Mexico;
and the subject of the Equitable Distri-
button of the Waters of the Rio Grande,
for which the Commissioners recommend
ed an international dam and reservoir,
approved by Mexico but still under con-
sideration by this Government. Pending
these questions it is necessary to extend
the life of the Commission, which expires
December 2Sd next.
The coronation of the young Queen OF
the Netherlands was made the occasion
of fitting congratulations.
The claim of Victor H. McCord against
Peru, which for number of years has
| been pressed by this Government and has
on several occasions attracted the atten-
! ton of the Congress, has been satisfac-
| torily adjusted protocol was signed
| May II, 1898. whereby, the fact of liability
being admitted, the question of the
amount to be awarded was submitted to
| the Chief Justice of Canada as sole arbi-
traitor His award sets the indemnity
| due the claimant at $4,000
PERUVIAN TREATY.
prescribed notification of its intention to
| abrogate the Treaty of Friendship, Com
| merce and Navigation concluded with
| this country August 81, 1887. AS that
| ions necessary to the maintenance of
commerce and good relations, which
| could with difficulty be replaced by the
negotiation of renewed provisions within
] the brief twelve months intervening be-