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1888.

Subject.

Mr. Bragg to Mr. Bayard Mar. 23 Imprisonment of B. C. Work: Letter of Mr. Work, (No. 10).

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Mar. 28
Mar. 28

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Mar. 28

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Apr. 9

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describing his position as perilous, and asking
legation's interposition; case presented to Mr.
Mariscal; copy of Mr. Work's letter and of note
to Mr. Mariscal inclosed.
Arrest of Oliver Woods: He is released; transla
tion of note from Mr. Mariscal inclosed.
Trespasses by Mexican troops on the United
States frontier: Translation of a circular of the
Mexican war department, calling the attention
of Mexican officers to trespasses and enjoining
greater care and vigilance, inclosed.
Imprisonment of B. C. Work: The governor of
Tamaulipas charged to secure Work a fair trial;
translation of note from Mr. Mariscal inclosed.
Attempt to kidnap a Mexican deserter, Atanacio
Luis, by Mexican soldiers at Eagle Pass; the
case presented to Mr. Mariscal; copy of note in.
closed.

Apr. 14 Attempted kidnapping of a deserter by Mexican
soldiers at Eagle Pass: Translation of Mr. Ma-
riscal's reply to a note on the subject inclosed.
Apr. 20 Attempted kidnapping by Mexican soldiers of a
deserter at Eagle Pass; the trial of the officers
implicated begun; translation from the Two
Republics inclosed.

783 Mr. Bragg to Mr. Bayard Apr. 24 (No. 29).

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Abduction by Mexican soldiers of prisoners in
custody of American officials at Nogales,
Ariz.: Death sentences of Colonel Arvizn and
Lieutenant Gutierrez affirmed; findings of
the court.

Apr. 28 Abduction by Mexican soldiers of prisoners in
custody of American officials in Arizona: Death
sentence of Colonel Arvizn and Lieutenant
Gutierrez commuted to twenty years' imprison-
ment; translation of Mr. Mariscal's note of
April 27, inclosed.

May 4 Claim of A. K. Cutting: Regret that more atten-
tion has not been paid by the Mexican to the
representations of this Government in regard to
the claim of criminal jurisdiction by Mexico
over United States territory to which the
claim for compensation was subordinated; the
international question not affected by Mr. Cut-
ting's merits; refutation of Mr. Mariscal's posi
tion in regard to the extraterritoriality of penal
laws; the laws of New York and Texas op-
posed to article 186 of Mexican law; modifica
tion of that article to be asked.

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5 Imprisonment of B. C. Work: Mr. Work in the
enjoyment of all the guaranties the law accords,
and the court endeavoring to hasten the trial;
note from Mr. Mariscal inclosed.

7 Abduction by Mexican soldiers of prisoners in
charge of American officers at Nogales: Death
sentence of the Mexican officers commuted to
twenty years' imprisonment; gratification of
this Government.

Page.

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Mr. Bragg to Mr. Bayard May 8 Treaty of amity, commerce, and navigation be- 1192 (No. 37).

tween France and Mexico, concluded on April
14, 1888, to remain in force until 1892; translation
inclosed.

Mr. Bayard to Mr. Bragg May 10 Attack by Mexicans on visiting Papago Indians :
(No. 48).

Mr. Bragg to Mr. Bayard May 30 (No. 48).

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The case and status of the Indians in Mexico
to be investigated; copy of letter of Acting
Secretary of the Interior transmitting letters
from the Commissioner of Indian Affairs and
Indian agent at Fima, Ariz., inclosed.
Claim of A. K. Cutting: Copy of Mr. Bayard's
No. 42 on the subject transmitted to the Mexi
can minister for foreign affairs; Mr. Bragg's
note to the Mexican minister inclosed.
May 30 Papago Indians: The condition of affairs on the
Sonora border between Mexican soldiers and
the Papago Indians explained to Mr. Mariscal,
and a note to him written on the subject at his
request; the note inclosed.

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792 Mr. Bragg to Mr. Bayard May 30 Wing dams at El Paso: The complaint of the (No. 56).

citizens of El Paso of injury threatened to prop.
erty by the wing dams on the Mexican side of
the Rio Grande communicated to Mr. Mariscal;
avoidance of reference to future effects in Mr.
Mariscal's reply; Mr. Bragg's note to Mr. Maris-
cal and the reply inclosed.

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Claim of A. K. Cutting: Note from Mr. Mariscal
stating that he had taken under advisement Mr.
Bayard's instruction in the case inclosed.

794 Saige to same (No. 64)

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June 5 Claim of Mrs. Baldwin for the murder of Leon
M. Baldwin: Note transmitting to Mr. Mariscal
the Department's instruction, and Mr. Maris-
cal's reply inclosed.

Mr. Bavard to Mr. Bragg June 7 Imprisonment of B. B. Glasier, charged with mis-
(No. 64).

appropriating funds of the International Hun-
tingdon Railway Company; arbitrary inter-
ruption of the consul's interview with him by
the local judge; the right denied the prisoner
one of international law and recognized by Mex-
ican law; instructions to be asked of the Mex-
ican Government that in future American con-
sular or diplomatic representatives may have
free access to Americans imprisoned in Mexico;
Mr. Allen's No. 71 and Mr. Sutton's No. 496 in-
closed.

Mr. Bragg to Mr. Bayard June 18 Imprisonment of Henry Brudigam: Instructions
(No.75).

797

Same to same (No. 85) .

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asked in regard to the objection of Mr. Mariscal
that declaration of intention to become a citizen
of the United States does not give the United
States right to interfere in the case; belief that
it does give the right; Brudigam has not ap
pealed to the legation of Germany, of which
country he is a native; but his partner has; in-
correctness of the record and insufficiency of
the proof of guilt; copy of correspondence
with Mr. Mariscal in regard to the case, and ex-
tracts from the testimony and findings, and
sentence of the appellate court, inclosed.

July 2 Imprisonment of B. B. Glazier : Copy of note call.
ing Mr. Mariscal's attention to the case and his
reply inclosed.

Mr. Bayard to Mr. Bragg July 11 Extradition of Shields and Wilson, charged with
(No. 87).

Mr. Bragg to Mr. Bayard July 18 (No. 94).

Mr. Bayard to Mr. Bragg July 19 (No. 88).

Mr. Bragg to Mr. Bayard July 23
(No. 97).
Same to same (No. 102)...

802

July 24

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murder: J. S. Van Riper authorized to receive
the prisoners; papers in the case transmitted
to the Attorney-General for Mr. Van Riper;
necessary application to be made to the Mexi
can Government.

Re-election of President Diaz: Interview by ap-
pointment; congratulatory speech and reply;
anniversary of the death of President Juarez:
the legation's flag at half-mast and a floral
wreath contributed to the decorations.
Claim of Mrs. Baldwin for the murder of Leon
Baldwin: Mr. Clement reports the retaking of
testimony which he fears may be prejudicial
to his client; he suggests that the United States
consul be instructed to take testimony; in-
formed that the consul has no powerto summon
witnesses, but can take the depositions of all
who appear before him, and that ex parte con-
tradictions can not affect well-known facts;
copy of Mr. Clement's letters of July 9 and 10,
covering copy of testimony retaken in the case,
inclosed.

Extradition of Shields and Wilson: Order for
their arrest requested of Mr. Mariscal, pending
application for their extradition.
Extradition of Shields and Wilson: Reply of
Mr. Mariscal, asking data to aid the Mexican
officers in effecting their arrest, inclosed.
Congratulatory speech and floral gift to Presi
dent Diaz on his re-election approved.
Extradition of Shields and Wilson: They are
Seminole negro Indians supposed to be on the
Seminole Reservation in the State of Coahuila,
Mexico; a new warrant issued substituting
Mr. J. T. Rankin in place of Mr. Van Riper;
letter from Acting Attorney-General of Au-
gust 20, 1888, inclosed.

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805

Same to same (No. 113)

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1888. Aug. 24

Imprisonment of Henry Brudigam: Information
as to his birth, place of residence, etc.; the De-
partment does not recede from its position in
regard to foreigners domiciled in the United
States; failure to become naturalized tends
to contradict the supposition of domicile; ex-
cepted cases; evidence tends to show that
Brudigam is domiciled in Mexico and not en.
titled to the interposition of the Department in
his favor.

Mr. Bragg to Mr. Bayard Aug. 28 Papago Indians: The soldiers who attacked the
(No. 122).
Indians State militia; they will be held to ac-
Same to same (No. 123)

808

Same to same (No. 134)....

809

Same to same (No. 140)

count.

Aug. 29 Imprisonment of B. C. Work at Tamaulipas on
the charge of homicide: Note to Mr. Mariscal;
letter from Mr. King and letter of Mr. Work in-
closed.
Sept. 1 Papago Indians: Mr. Marsical's note transmitting
the account of Governor Corral, of Sonora,
whereby it appears that the Indians were
wholly to blame for the troubles with the
soldiery, inclosed.

Sept. 8 Imprisonment of Henry Brudigam: The decision
of the Department against the claim of Ameri-
can citizenship of Brudigam communicated to
Mr. Mariscal and to the vice-consul at Chihua
hua; note to Mr. Mariscal inclosed.

810 Mr. Bayard to Mr. Bragg Sept. 12 Imprisonment of B. C. Work in Tamaulipas,
(No. 123).

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Mr. Bragg to Mr. Bayard Sept. 14 (No. 141).

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charged with homicide: The presentation of the
case to Mr. Mariscal approved; no opinion as
to the motives of the arrest expressed; a speedy
trial hoped for.
Extradition of Shields and Wilson: The gov
ernor of Coahuila requested by Mr. Mariscal to
arrest Shields and Wilson: Mr. Rankin tele-
graphed, as they can only be held seventy-two
hours; Mr. Mariscal's note giving information
of his request inclosed.

Sept. 19 Message of President Diaz: Omission of mention
of invitation to participate in the convention
of American Republics and the convention to
revise marine cases; the message inclosed.
Oct. 15 Imprisonment of B. C. Work: Note of Mr. Ma-
riscal covering Mr. Work's statement before
the court; former statements apparently un-
true; Mr. Mariscal's note and Mr. Work's
statement inclosed.

Mr. Rives to Mr. White. Nov. 1
house (No. 153).
Mr. Whitehouse to Mr. Bay-
ard (No. 178).

Oct. 29 Extradition of Shields and Wilson: Their arrest
announced by Mr. Mariscal; the information
telegraphed to the Department and to Mr.
Rankin; difficulty possible about their extra-
dition, as they can only legally be held seventy-
two hours and were arrested on the 5th;
another application, if necessary, will be made
to Mr. Mariscal; probability that a requisition
by the governor of Texas on the governor of
Coahuila will result satisfactorily; Mr. Ma
riscal's note inclosed.
Extradition of Shields and Wilson: Their arrest
reported to the Attorney-General.
Nov. 1 Extradition of Shields and Wilson: Telegram
from United States marshal that he would pro-
ceed to Muzquiz in four days; reply of Mr.
Mariscal to a request that their surrender be
recommended to the governor of Coahuila,
that a formal request had not been made, but
that when it was, and proper extradition pro-
ceedings following, their delivery would be
ordered; the legation ignorant of necessary
details; Mr. Mariscal again refuses to recom-
mend informally the surrender of the prisoners;
possibility that the governor of Coahuila may
surrender them by his own authority; if not, it
will be necessary for the marshal to bring the
papers to the legation and for a formal request
to be made; Mr. Whitehouse to Mr. Mariscal,
and Mr. Mariscal's reply, inclosed.

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Mr. Adee to Mr. Whitehouse Nov. 6 (No. 158).

818

Mr. Bayard to Mr. White- Nov. 9 house (No. 160).

819 Mr. Whitehouse to Mr. Bayard (No. 182).

Nov. 12

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Nov. 15

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Extradition of Shields and Wilson: Copy of
legation's No. 175 sent to the Attorney-General.
Imprisonment of B. C. Work: Previous represen
tations to the Department so contradicted by
Mr. Work's affidavit as to make them inadmis-
sible for grounds of further action; copy of Mr.
Bragg's dispatch forwarded to Mr. Sutton with
the above information.
Extradition of Shields and Wilson: A formal
demand made to Mr. Mariscal with the state-
ment that by the treaty of 1861 a requisition
from the governor of Texas to the governor of
Coahuila would be sufficient; promise of Mr.
Mariscal to telegraph the governor of Coa
huila to act according to treaty if an applica-
tion was made to him; nothing heard about
the case since dispatch No. 178; probability
that any difficulty experienced by Mr. Rankin
would have been communicated to the legation
or the Mexican Government; ignorant as to
cause of Department's order for requisition;
Mr. Whitehouse to Mr. Mariscal, inclosed.
Extradition of Shields and Wilson: Formal re-
quest for their extradition directed to be made
by telegram of the 10th instant.
Wing-dams on the Rio Grande: Telegram stating
that a wing-dam opposite to and partly in El
Paso was being constructed by the Mexican
Government, that this was in violation of the
convention of 1884, that the suspension of the
work for investigation was reported, that a
competent engineer would be sent, and that it
be suggested that Mexico do the same, is con-
firmed; telegram stating willingness of Mex.
ico to co-operate and that instructions had been
sent Mr. Romero to confer on the subject re-
ceived.
Nov. 15 Wing-dams on the Rio Grande: Interview with
Mr. Mariscal; the Department's telegram com-
municated to him; the work stopped with the
consent of the Mexican Government; claim of
Mr. Mariscal that no dam, but a break water, was
being constructed; a statement of the Mexican
side of the question promised; sending of engi
neers to examine the work agreed upon, and
Mr. Romero telegraphed to confer on the sub-
ject.
Extradition of Shields and Wilson: No request
made the governor of Coahuila for the surren
der of the prisoners; Mr. Mariscal to Mr.
Whitehouse inclosed.

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Nov. 16

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Wing-dams on the Rio Grande: Copy of telegram
to the Mexican Government from the Mexican
consul at El Paso and note from Mr. Mariscal
inclosed.

Wing-dams on the Rio Grande: Maj. Oswald H.
Ernst detailed to visit El Paso; will start Mon-
day gratification at Mexican co-operation to
be expressed and facilities asked for Major
Ernst.
Wing-dams on the Rio Grande: Mr. Mariscal
notified of Major Ernst's appointment, and the
appointment of an engineer by the Mexican
Government, to co-operate, requested; note to
Mr. Mariscal inclosed.
Wing-dams on the Rio Grande: Mr. Mariscal re-
quests the department of public works to ap
point an engineer to co-operate with Major
Ernst, and to afford the latter necessary facili
ties; note of Mr. Mariscal and Mr. White-
house's reply inclosed.

Extradition of Shields and Wilson: Mr. Bragg's
course approved; the Department embarrassed
in dealing with the case by the informality of the
proceedings in this country; Marshal Rankin
thought to have been in Mexico; the offense
committed by the men being against Federal
law their extradition can not be requested by
the governor of Texas.

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1887.

821

Mr. Romero to Mr. Bayard.. Oct. 22

32 Same to same..

Oct. 29

3 Same to same..

Nov. 1

4 Same to same.

Nov. 2

25 Same to same.

Nov. 4

6. Same to same..

Nov. 16

Mr. Bayard to Señor Ro

Nov. 21

mero.

Mr. Romero to Mr. Bayard.. Nov. 26

829 Same to same..

Same to same.......

Nov. 28

Quarantine of ninety days in Arizona Territory
against Mexican cattle: Petition from inhab
itants of Sonora; the quarantine considered a
prohibition against Mexican cattle, as there is
no disease among them and no foreign cattle are
imported into Arizona.
Murder of Leon Baldwin: The newspaper report
communicated to the Mexican Government;
answer stating that an investigation by the
judge at Ventanas had been ordered, but that
the murderers had been killed by citizens.
Horses claimed by Colonel Cowart to belong to
the United States delivered to him; personal
bond given by the political chief of the canton
of Paso del Norte to secure their delivery.
Murder of Leon Baldwin: Newspaper account of
the insecurity which prevailed in Durango when
infested by Beural's band and of the killing of
the outlaws, inclosed.
Murder of Leon Baldwin: Copy of report of the
governor of Durango, showing that immediate
measures were taken for the apprehension and
punishment of the murderers, inclosed.
Quarantine against Mexican cattle may give
rise to reprisals on the commerce of the United
States, and is not in accordance with the Senate
resolution for the passage of cattle across the
frontier.

Quarantine against American cattle: Note in re-
gard to retaliatory measures received; copy
sent to the Secretary of Interior for report; ob-
jection based on Senate resolution of March 5,
1886; negotiations in accordance with that res
olution proposed and favorably considered by
Mr. Mariscal, but nothing done; the resolution
in regard to strayed cattle, not commercial im-
portations; copy inclosed.

Case of Manuel Mejia, imprisoned by the deputy
sheriff at Phoenix, Ariz., without warrant and
in disregard of the orders of the district attor
ney to release him, and ill-treated by the resi-
dents of the town; these persons acquitted in
disregard of justice; instructed to know what
has been done by the Department in accordance
with its promise to consider the case.
Murder of Leon Baldwin: One of the murderers
of Mr. Baldwin had been killed and the other
was being closely pursued.

Dec. 6 Drain-pipe at El Paso: Complaint by the munici
pal board of Paso del Norte that the drain-pipe
is a menace to the health of that city; the
pipe to pass through lands belonging to Mexi
can territory, though on the left bank of the
river; the contention that the Rio Grande, be-
ing an international river, there is no right for
the construction on one side of works which
will be injurious to the health of the inhabit-
ants of the other; danger feared from the filth
emptied into the river from the drain-pipe; the
prevention of the accomplishment of the plan
requested.

M1 Mr. Bayard to Mr Romero... Dec.

7 Quarantine against Mexican cattle: Letter from
Secretary of the Interior stating that the proc.
lamation was issned in accordance with an act
of the Territorial legislature, but there being a
doubt as to its constitutionality the quarantine
has been raised; the substance of the Arizona
quarantine statutes reported by the governor.

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