Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 812.00/5168c.

The Acting Secretary of State to the Attorney General.

Department of State,
Washington, October 2, 1912.

Sir: With reference to the various telephone conversations had by the Bureau of Investigations of the Department of Justice and Mr. Clark, the Solicitor, and Mr. Dearing, of the Latin-American Division, of this Department, I have the honor to inclose to you herewith, for your information, copies of two letters² which this Department is to-day addressing to the War Department relative to the detention of Mexican insurrectionists who enter American territory.

As was stated in the letter to the Secretary of War, such detention appeals to this Department as being particularly desirable for the reason that members of the insurrectionary forces would in all likelihood, if they were free to go back to Mexico, immediately reengage, upon their return there, in the wanton destruction of American property and the unnecessary and unjustifiable molestation of American citizens, which has been so baneful and disastrous a feature of their activity since they first rose in arms.

I have the honor, therefore, to say that the Department of State would be glad if the Department of Justice will be good enough to cooperate with the Department of War in the matter of the detention of such insurrectionists as are now in the custody, or may in future be taken into the custody, of agents of the Department of Justice. In this connection I beg to refer particularly to Pascual Orozco, sr., who, the Department understands, is now held at El Paso, and Emilio Campa, who is reported to be confined at Tucson.

Referring to the process of extradition in the case of the insurrectionary leaders in question, I have the honor to say that the Department is instructing the Ambassador at Mexico City to-day to inform the Mexican Minister for Foreign Affairs that it is doubtful whether insurrectionists captured in this country can be surrendered to the Mexican Government on charges arising in connection with or growing out of the present revolutionary disturbances in Mexico, since the extradition treaty in force between Mexico and the United States provides that individuals shall not be surrendered for political offenses. The Embassy was also advised in this connection that, even if the extradition of these men should be demanded on account of civil crimes committed in Mexico, as long as such leaders are under detention pursuant to our own laws the requirements of those laws will have to be satisfied before a request for extradition could be met.

I have [etc.]

Huntington Wilson.

2. See above.