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treatment by various residents of that town, his life having been saved by a mere accident, and, when his persecutors were brought to trial, they were acquitted by the competent judicial authorities, with notorious disregard of justice.
You were pleased, in reply to the last of my aforesaid notes, to in. form me, under date of the 31st of May last, that this case would receive due consideration on the part of the United States Government.
As several months have elapsed without any report having been received by this legation concerning what has been done or decided upon in this case, Mr. Mariscal bas instructed me to address you, making inquiry as to what has been done in this unfortunate affair. Be pleased to accept, etc.
Mr. Romero to Mr. Bayard.
MEXICAN LEGATION, Washington, Norcmber 28, 1887. (Received November 28.) MY ESTEEMED MR. BAYARD: I have the honor to inform you that I have received a personal letter from the governor of the State of Du. rango, dated in that city the 17th instant, in which he informs me that on the 10th of the preceding month of October he had made a report to the secretary of foreign relations of the United States of Mexico in regard to the assassination of Mr. Leon Baldwin, to the effect that two of his assassins, Carlos Martinez and Vicente Becerra, had been killed, the first in the attack on Durazno, and the second a few days later, but that by information which he has since received it seems that the death of Becerra was not certain, but that he was being pursued with all activity, and that, as soon as he fell into the power of the forces of the State he would be handed over to the proper authority that exemplary and condign punishment might be meted out to him.
In the note of the 29th of October last I communicated to you the report which the governor of the State of Durango had sent to the secretary of foreigu affairs in regard to this matter, to which the rec tification contained in his above-mentioned note applies. I am, etc.,
LEGATION OF MEXICO, Washington, December 6, 1887. (Received December 7.) Mr. SECRETARY: I bave received instructions from Mr. Mariscal, secretary of foreign relations of the United States of Mexico, dated City of Mexico, November 18, 1987, to inform you that the governor of the State of Chihuahua addressed a communication to him on the 20th of
August last, wherein was inserted another communication from the political chief of the district of Bravos, the chief town of which is El Paso del Norte, quoting a resolution passed by the municipal board of that city, stating the inconveniences which would accrue to the same, both as regards the public health and its rights, if a plan for draining were carried out, which appears to have been authorized by the municipal authorities of El Paso, Texas.
According to the statements published by the newspapers of El Paso, Texas, in relation to this matter, the plan provides for the construction of a large drain.pipe, which is to pass through lands that are considered as belonging to Mexico, although they are now on the left side of the Rio Grande, and is to serve as an outlet into that river. The objections to this plan are, mainly, that as the Rio Grande is an international river, it does not seem proper for works to be constructed on its banks affecting the health of the towns lying opposite, without the consent of the two Governments interested, leaving out of consideration the lack of right on the part of the city authorities of El 30, Texas, to construct such a work on land that is thought to belong to Mexico.
The municipal board of El Paso del Norte fears that the filth which will be emptied into the river by the drain-pipe which is to lead to it will seriously affect the health of the inhabitants of that city.
Mr. Mariscal has consequently instructed me to address the Govern. ment of the United States of America for the purpose of endeavoring to prevent the accomplishment of a plan which must prove so prejudi. cial to the rights and to the health of those Mexican towns which are situated on the Rio Grande, especially Paso del Norte. Be pleased to accept, etc.,
Mr. Bayard to Mr. Romero.
DEPARTMENT OF STATE,
Washington, December 7, 1887. SIR: In connection with my note of October 26, 1887, touching the proclamation of the governor of Arizona establishing a quarantine for cattle brought into that Territory from Mexico, I now have the honor to apprise you of the receipt of a communication from the Acting Secretary of the Interior, dated the 26th ultimo, stating that the proclamation was issued in obedience to an act of the Territorial assembly, but that a doubt having arisen as to the constitutionality of the statute, the quarantine has been raised.
It appears by a report from the governor of Arizona to the Secretary of the Interior upon the subject that the fourteenth legislative assembly of that Territory enacted a law designated the stock and sanitary law,” which was approved March 10, 1887.
By the provisions of this law there was created a sanitary commis. sion, composed of five members, whose duties were to protect the health of the domestic animals of the Territory from all contagious or infectious diseases of a malignant character. For this purpose it was authorized and empowered to establish, maintain, and enforce such quarantine, sanitary, and other regulations as it should deem proper; and after prescribing quarantine measures and notifying the governor thereof, he was required to issue his proclamation, which was accordingly done. But since its publication, the powers of the Territorial legislature in this connection have been made the subject of carefal examination, with the result as previously stated. Accept, etc.,
T. F. BAYARD.
Mr. Romero to Mr. Bayard.
MEXICAN LEGATION, Washington, December 9, 1887. (Received December 10.) Mr. SECRETARY: During an interview wbich I had with you on the 17th ultimo, in consequence of your note of the day previous, you informed me that a telegram dated El Paso, Texas, October 7, 1887, and published in the Globe-Democrat, of Saint Louis, Missouri, of October 8, had been communicated to the Department of State, of which telegram I took, during the said interview, the following memorandum:
James Burnett ran a train as engineer on the Central Railway from El Paso to Chihuahua in October, 1886, and met on the way a drove of asses. He pulled the bell and blew the whistle and reversed his engine. On reaching Chihuahua and oiling his engine, he found the body of a Mexican on the cow-catcher with his head broken. The engineer, the conductor, and the fireman were imprisoned by order of the competent court. The two latter, however, were speedily released, and bail to a large amount was required from the engineer. The superior court afterwards reduced the bail to $300. The engineer continued to run his engine in Mexico until a strike occurred, in which he took part, and came to El Paso, Texas. His friends here urged him to pay the amount of the bail and not to return to Mexico. He, however, thought this unnecessary, and continued going to Mexico and returning. Early in September last he was arrested in Mexico and sentenced to ten years' imprisonment.
As I told you in our aforesaid interview that I would do, I at once called the attention of the Mexican Government, and, in a private let. ter, that of the governor of the State of Chihuahua to the statements contained in the above telegram, and I have to-day received a reply from the governor, bearing date of the 30th of November last (a copy of which I inclose to you), which shows that the statements communi. cated to your Department on this subject were incorrect. It appears from that letter that James Burnett was arrested on the 15th of Janu. ary, 1886; that he was declared to have been properly arrested on the 17th and released on bail on the 30th by the local judge of the State of Chihuahua, his imprisonment having lasted for but fifteen days. On the 17th of August last he was again arrested, because the party who had furnished bail for him, and who had taken part in the strike, withdrew the bail, and the case having been taken before the federal judge of the district of Chihuahua, he pronounced decision on the 15th of October last, ordering a suspension of proceedings, and releasing Burnett on bail until the circuit court should have reviewed his decision. The report of the governor of Chihuahua contains a simple explana
a tion of what has taken place in this case, and it appears therefrom that the information furnished to the Department of State, viz, that Bur. nett had been sentenced to ten years' imprisonment, was not in accordance with the facts.
I have as yet received no reply on this subject from the Federal Gop. erument of Mexico. I suppose, however, that when it comes it will contain the same information that has been furnished by the governor of Chihuahua in the private letter to me.
I think proper, in this connection, to call your attention to the fre. quency with which wholly unfounded or greatly exaggerated reports are sent from the frontier to the newspapers of this country concerning occurrences that have taken place or are supposed to have taken place in Mexico. Be pleased, etc.,
Governor Carrillo to Mr. Romero.
CHIHUAHUA, November 30, 1887. MY DEAR SIR: I was surprised to read the contents of your esteemed letter of the 17th instant, inasmuch as the information is entirely false which has been furnished to the Secretary of State of the United States by the society of engineers, relative to the case of James Burnett, in this State, as you will be convinced by reading a statement of the facts in relation to this matter, which are as follows:
James Burnett was arrested on the 15th day of January, 1886, was declared to have been properly arrested on the 17th, and was released on bail on the 30th of the afore. said month of January. On the 17th of August last he was re-arrested because his bondsman, owing to the strike which took place at that time, withdrew his bail. All these proceedings took place before one of the State judges, but an inhibition having been ordered by the district judge, the case was taken before him on the 12th of September last, and on the 15th of October a sentence was pronounced, whereby a sugpension of proceedings was ordered, and Burnett was released ou bail until the circuii court, before which the case now is, should have received the decision of the lower court.
Thinking that the foregoing is sufficient to give you a correct idea of the matter which formed the subject of your esteemed communication of the 17th instant, I beg you, etc.,
Mr. Romero to Mr. Bayard.
LEGATION OF MEXICO, Washington, December 12, 1887. (Received December 13.) Mr. SECRETARY: Referring to the note which I addressed to you on the 9th instant, relative to the case of James Burnett, a citizen of the United States, arrested in Chihuahua, I have the honor to inform you that I telegraphed to Mr. Mariscal, secretary of foreign relations of the United States of Mexico, on the 17th ultimo, a report of the interview which I had had with you on that day, and that I have this day received Mr. Mariscal's reply, dated City of Mexico, November 30, 1887, a copy of which I inclose. In it is inserted a telegram from the governor of the State of Chihuahua, dated November 19, and having reference to this matter. The said telegram confirms the statements contained in the governor's letter, a copy of which I inclosed in my aforesaid note of the 9th instant. Be pleased to accept, etc.,
Mr. Mariscal to Mr. Romero.
City of Mexico, November 30, 1887. In reply to your note No. 1058, of the 17th instant, relative to the interview had by you on that day with Mr. Bayard in relation to the case of James Burnett, I hereby inform you that, on the receipt of your telegram on this subject, the governor of Chihuahua was requested to report concerning the same, and he has sent, under date of yesterday, the following telegram:
“James Burnett was declared properly arrested by the common courts on the 17th of January, 1886. On the 30th of that month he was released on bail, and on the 17thi of August last he was re-arrested, owing to the fact that the party who had furnished bail for him withdrew the same. On the 12th of September the case was taken before the federal courts, inasmuch as the case was one of homicide, committed on the railway by the train; and on the 15th of October proceedings in the case were suspended and he was again released on bail until the circuit court should have reviewed the decision.”
In view of the contents of the telegram above inserted, it is to be hoped that the circuit court will confirm the decision of the district judge, and that this case will thus be finally terminated by the unconditional release of the aforesaid Burnett. I renew, etc.,
Mr. Romero to Mr. Bayard.
LEGATION OF MEXICO, Washington, January 4, 1888. (Received January 5.) Mr. SECRETARY: Referring to the communication wbich I addressed to you on the 12th ultimo, I have the honor to send you a copy of the decision pronounced by the circuit court of Chihuahua, on the 20th of that month, in the case of James Burnett, an engineer on the Mexican Central Railway, who was charged with homicide. This decision affirms the one whereby the district judge declared that it was proper for proceedings against Burnett to be suspended, and brings this case to a close, releasing the accused unconditionally. Be pleased to accept, etc.
Copy of the decision pronounced by the circuit court of the State of Chihuahua.
[A seal containing the words “Circuit Court, Chihuahua.”]
CHINUAMUA, December 20, 1987. In this criminal case, in which proceedings have been instituted against James Burnett, charged with the homicide of Cornelio Rivera, an examination baving been held of the action taken by the judge of the ordinary court for the elucidation of the facts, and whereas it appears, in the first place, that James Burnett, the railway engineer, on one of the trips made by him from Paso del Norte to this city, found, on arriving at the station, that the body of Cornelio Rivera was on the cow catcher of his engine, whereas it appears that, several witnesses having been examined, it was proved that the aforesaid engineer was not aware that his engine had struck any one until he reached his ilestination; whereas it appears that Rivera's relatives state that the deceased left his home at a very early bour in the morning for