New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-06
EXTRADITION WITH MEXICO.


acted upon this subject, in order to meet the
changed conditions.
EXTRACTION WITH MEXICO
The Interpretation Of certain provisions OF the
eytradtion convention of December H. 1861,
has been at various times the occasion Of con
troversy with the Government of Mexico An
acute difference arose In the Of the Mex
lean demand for the delivery Of Jesus Guerra
who having led a marauding expedition near
the border with the proclaimed purpose OF in
itiating an instruction against President Diaz
escaped into Texas Extraditon was refused on
the ground that the alleged offence was political
in It's character. and therefore came within the
treaty proviso Of non surrender. The Mexican
contention was that the exception only related to
purely political Offences and that as Guerra
acts were admixed with the common crimes OF
murder. arson, kidnapping and robbery, the OPP
ton of ondelivery became void. a position
which this Government was unable to admit in
view of the received international doctrine and
practice in the matter. The Mexican Govern
ment. in view Of this. gave notice January "a
1898. of the termination of the convention. To
take effect twelve months from that date. at
the same time inviting the conclusion OF new
convention toward which negotiations are on
foot.
In this relation I may refer TO the necessity OF
amendment of our existing extraditOn
statute. II is a common stipulation of such
treaties that neither party shall be bound to give
up its own citizens. with the added proviso in
one of treaties, that with Japan. that il
may surrender If II sees fit. II is held in this
country by an almost uniform course OF doci-
siOns that where treaty negatives the obliga
ton to surrender. the President is not invested
with legal authority 10 act The cOnferment of
such authority would be in the line of that
sound morality which shrinks from affordng Sc
cure asylum to the author of heinous crime
Again, statutory provision might well be made
for what is styled extradition by way Of tran
sit. whereby fugitive surrendered by one for
eign government to another may be conveyed
across the territory Of the United States to the
jurisdiction Of the demanding State. A recon-
mendatiOn in this behalf. made in the Presi-
dents Message Of 1856 was not acted upon.
The matter is presented for your consideration
THE MEXICAN FREE ZONE.
The problem of the Mexican free zone has
been discussed with regard TO its Inconvenience
provocative of smuggling into the United
States along extensive and thinly guarded
land border The effort made by the joint reso-
luton of March l. 1895 to remedy the abuse
charged by suspendng the privilege Of free
transportation in bond across the territory of
the United States 70 Mexico failed OF good re-
suit, as is stated In report No 7O2 Of the House
Of Representatives. submitted in the last session,
March II. 1898. AS the question is one to be
conveniently met by wise concurrent legislation
of the two countries looking to the protection
ing equally on either side of the boundary.
rather than by conventional arrangements.
suggest that Congress consider the advisa bty
OF authorizing and inviting conference Of rep
resentatives Of the Treasury departments Of the
United States and Mexico to consider the sub
tect in all It's complex bearings and make report
with pertinent recommendations to the re-
spective Governments for the information and
consideration Of their Congresses.
The Mexican Water Boundary Commission has
adjusted all matters submitted to it to the salts
faction Of both governments save in three i'm
pOrtant cases-that Of the "Chamisa' at FL
PasO. Tex where the two Commissioners failed
to agree and wherein. for this only, this
Government has proposed to Mexico the addi-
tion Of third member: the proposed elimina-
ton Of what are known as "BancOs small. iso-
lated islands formed by the cutting off OF bends
In the Rio Grande. from the operation Of the
treaties Of 1854 and 1850 recommended by the
Commissioners and approved by this Govern
ment. but still under consideration by Mexico,
and the subject of the equitable distribution OF
the waters Of the Rio Grande" for which the