The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-12-06
AFFAIRS WITH MEXICO.

The Interpretation of certain provis-
ions of the extradition convention of
December II, 1861, has been at various
times the occasion Of controversy with
the government of Mexico. An acute
difference arose in the case of the Mex
lean demand for the delivery of Jesus
Geurra, who, having led a marauding
expedition near the border with the
proclaimed purpose of initiating an in
surrection against President Diaz. es-
capped into Texas. EXtradition was re-
fused on the ground that the alleged Of
Tense was political in it's character and
therefore came within the treaty pro-
viso Of non-surrender.
The Mexican contention was that the
exception only related to purely politi-
cal offenses and that as Guerra's acts
were admiXed with the common crimes
of murder. arson, kidnapping and rob
berry, the option of non delivery became
void, q position which this government
was unable to admit in view Of the re-
ceived international doctrine and prac-
tice IN the matter. The Mexican gov
eminent, In view of this, gave notice
January "a, 1885, of the termination OF
the convention, to take effect 70 months
from that date, at the same time invit-
ing the conclusion of new convention
toward which negotiations are on foot.
In this relation I may refer to the ne
cessity of some amendment to our ex-
listing eXtradition statute. 1t is a COM
mon stipulation Of such treaties that
neither party shall be bound to give
UP its own citizens with the added pro-
visO in one of our treaties that with
Japan, that 1t may surrender if it sees
fit. 1t iS held in this country by an al
most uniform course Of decisions that
where q treaty negatives the obligation
to surrender. the president is not in
vested With legal authority to act The
confirmation of such authority would
be in the line of that sound morality
which shrinks from affording secure
asylum to the author of a heinous
crime.
Again statutory provision might
well be made for what is styled extra
dition by way of transit, whereby
fugitive surrendered by one foreign
government to another may be con-
veyed across the territory Of the United
States to the jurisdiction CT the de-
handing state. A recommendation in
this behalf made in the presidents
message of 1886, was not acted upon.
The matter is presented for your con-
sideration.
The problem of the Mexican free zone
has been often discussed with regard
to it's inconvenience ASA provocative
of smuggling into the United States
along an extensive and thinly guarded
land border The effort made by the
joint resolution of March I, 1895 to
remedy the abuse charged by suspend
ing the privilege of free transportation
in bond across the territory of the
United States to Mexico, failed of a
good result, as is stated in report 702 of
the House. submitted in the last SEES
sion March H. 1898. AS the question is
one to be conveniently met by wise
concurrent legislation 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 conventional arrange
ments, I suggest that congress consid-
er the ACCESSIBILITY of authorizing and
inviting a conference of representa-
tives of the treasury departments of
the United States and Mexico to con-
slider the subject in all its complex
bearings and make report with peril
nent recommendations to the respective
governments of the information and
consideration Of their congresses.
The Mexican water boundary COM
mission has adjusted all matters sub
mitted to it to the satisfaction Of both
governments, save in three important
cases; that of the "Chamisal" at Ell
Paso, Tex, where the two commission
ers failed to agree and wherein, for
this case only, this government has
proposed to Mexico the addition Of a
third member; the proposed elmina-
ton of what are known as "Bancos."
small isolated islands formed by the
cutting off of bends in the Rio Grande
from the operation of the treaties of
1884 and 1889, recommended by the
commissioners and approved by this
government, but still under considera-
ton by Mexico; and the subject of the
Equitable distribution Of the waters
of the Rio Grande," for WHICH the COM
naissioners recommended an interna-