Mr. Bragg to Mr. Bayard Mar. 23 Imprisonment of B. C. Work: Letter of Mr. Work, (No. 10).
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).
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.
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.
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).
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.
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.
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)
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).
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)...
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.
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)
Same to same (No. 134)....
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).
Mr. Bragg to Mr. Bayard Sept. 14 (No. 141).
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.
Mr. Adee to Mr. Whitehouse Nov. 6 (No. 158).
Mr. Bayard to Mr. White- Nov. 9 house (No. 160).
819 Mr. Whitehouse to Mr. Bayard (No. 182).
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.
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.
Mr. Romero to Mr. Bayard.. Oct. 22
Mr. Romero to Mr. Bayard.. Nov. 26
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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