Chargé McCreery to
the Secretary of State.
American Embassy,
Mexico, October 19,
1905.
No. 115.]Sir: Referring to my No. 96, of the 28th
ultimo,a reporting
that I had, as instructed in the Department’s telegram of the 27th
ultimo,a requested
the arrest and provisional detention of Charles Luna, charged with
murder in Williamson County, Tex., and that the Mexican Government had
ordered his arrest, I have the honor to inclose copies and translations
of a note from Mr. Mariscal, and its inclosures, from which it will be
seen that the governor of Tamaulipas had ordered the provisional
detention of the fugitive upon the request of the governor of Texas and
that the foreign office considers the action of both governors in
contravention of Article X of the extradition treaty, and desires that
the case be brought to the attention of the Department.
I informed Mr. Mariscal that a copy of his note and inclosures had been
transmitted to the Department.
I have, etc.,
[Inclosure
1.—Translation.]
The Secretary of Foreign
Affairs to Chargé McCreery.
Department of Foreign Affairs,
Mexico, October 14, 1905.
Mr. Chargé d’affaires: Referring to your
note, dated the 27th of September last, in which you were pleased to
request the arrest and provisional detention of Charles Luna,
charged with murder in Williamson County, Tex., I have the honor to
transmit herewith a copy of a communication addressed to me by the
governor of the State of Tamaulipas, in which he informs me that the
governor of Texas having directly requested from him the aforesaid
provisional detention, he issued the regular orders for the arrest
of the fugitive.
I also beg to inclose a copy of a report from the proper section of
this department relating to the irregularities attending the matter
in question, to the end that the Department of State of the United
States be informed of the procedure followed in this case, with the
understanding that the instructions which the case requires have
been transmitted to the governor of Tamaulipas.
I renew, etc.,
[Subinclosure
1.—Translation.]
The Governor of the State of
Tamaulipas to the Secretary of
Foreign Affairs.
Republic of Mexico—government of the free and sovereign State of
Tamaulipas.
Referring to your courteous note, No. 361, dated September 28 last,
issued by the section on America, Asia, and Oceanica, of the
department under your worthy charge, I have the honor to inform you,
that in view of a telegraphic request from the governor of Texas,
the municipal prefect of New Laredo was ordered to cause the arrest
and provisional detention of Charlie Looney, whose name was
erroneously given in the telegrams and in your communication I
answer, as Charles Luna. Therefore, on the 26th of last month the
said individual was provisionally detained at said city of New
Laredo, because the county sheriff from Texas identified him. The
extradition has already been requested by the said governor of Texas
for a man named Charlie Looney, alias Charlie Coleman, alias
[Page 661]
Charlie Martin, an
American citizen, and recommended by the American consul at New
Laredo, who furthermore stated that the fugitive is willing to
appear before the jurisdictive judicial authorities of Texas to
answer to charge of murder, for which he is indicted.
In transmitting the above to you, in reply it affords me pleasure to
assure you of my distinguished consideration.
Ciudad Victoria,
October 2,
1905.
Pedro Arguelles,
rubric.
[Subinclosure
2.—Translation.]
Mr. Vera to the
Secretary of Foreign
Affairs.
Department of Foreign Affairs—Section on America, Asia, and
Oceanica.
Mr. Secretary: The American embassy, in its
note of September 27 last, requested from this department the
provisional detention of Charles Luna, charged with murder in the
State of Texas, and a fugitive at New Laredo. In accordance with the
above request, the governor of Tamaulipas was asked by mail to issue
his orders for the arrest of the accused, and in answer to the note
from this department the above-mentioned officer replied that “in
view of a telegraphis request from the governor of Texas the
municipal prefect of New Laredo was ordered to cause the arrest and
provisional detention of Charlie Looney, whose name was erroneously
in the telegrams as Charles Luna; that therefore, on the 26th of
last month, the said individual was provisionally detained at said
city of New Laredo, because the county sheriff from Texas identified
him; that the extradition had already been requested by the said
governor of Texas for a man named Charlie Looney, alias Charlie
Coleman, alias Charlie Martin, an American citizen, and recommended
by the American consul at New Laredo, who furthermore stated that
the fugitive was willing to appear before the jurisdictive judicial
authorities of Texas to answer the charge of murder for which he was
indicted.”
The undersigned takes the liberty to call your attention to the
irregularity attending this case on account of the governor of Texas
making a direct request for a provisional
detention on the governor of Tamaulipas, and also because
the latter granted said request, as in so doing both governors have
infringed the spirit as well as the terms of Article X of the
extradition treaty in force, which provides that “on being infomed
by telegraph or otherwise through the diplomatic
channel that a warrant has been issued by competent
authority for the arrest of a fugitive * * * each government shall
endeavor to procure the provisional arrest of such criminal,” etc.
There is no doubt that the intention in fixing the express provision
of the treaty for federal action with respect to provisional detention was to protect personal rights so
far as possible with a view to prevent any conflict between the laws
of the states and those of the federation. Otherwise the powers to
take cognizance of the requests for
extradition, which are conferred on frontier authorities by
Article IX of said treaty, would have also been extended to them in
the above chapter.
If the report merits your approval, and you consider it advisable,
the same may be transmitted to the governor of the State of
Tamaulipas in reference to his note upon the subject, with a view
that he bears the same in mind for future cases, adding that with
respect to the present case he can continue to take cognizance of
the same, since the request for extradition has been made upon him
in accordance with said Article IX.
The undersigned begs to suggest that a copy of the governor’s
communication and of the above report (if approved) be transmitted
to the American embassy in reply to its note, in order that the
Department of State be informed of what has happened.
Mexico, October 10,
1905.
M. Zapata Vera.
