CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.

812

843

1887.

Mr. Romero to Mr. Bayard.. Dec. 9 Imprisonment of James Burnett: The report sent

this Department communicated to the Mexican
Government and the governor of Chihuahua;
correct statement from the governor of Chihua-
hua; no reply from the Mexican Government;
exaggerated reports sent newspapers; letter of
the governor of Chihuahua inclosed.

Mr. Romero to Mr. Bayard.. Dec. 12 Imprisonment of James Burnett: Interview with

1236

1257

Mr. Bayard telegraphed to Mr. Mariscal; Mr.
Mariscal's reply inclosed.

846 Mr. Romero to Mr. Bayard.. Jan.

Jan.

4 Imprisonment of James Burnett: Decisions of
the circuit court of Chihuahua, sustaining the
district judge in suspending proceedings against
Burnett and releasing him unconditionally, in-
closed.

6 Quarantine against Mexican cattle: Due to the
absence of all sanitary restrictions against dis
eased cattle; quarantine also declared against
State of Missouri; no discrimination; measures
on the part of Mexico to prevent the importa-
tion of disease from abroad and eradicate it at
home would be re-assuring; report of the chair-
man of the Arizona live-stock commission in-
closed.

7

9

Case of the Monserrat: The Monserrat sentenced
at San Diego to pay $1 per ton additional ton-
nage for want of papers; papers lost accident-
ally and orders given to have them duly re-
placed.
Quarantine against Mexican cattle: Mr. Bayard's
note inclosing report of Mr. Bruce, stating that
the quarantine was to prevent the importation
of diseased cattle through Mexico, communi-
cated to the Mexican Government for necessary
measures; Mexico not an importer of cattle,
except for breeding and cattle free from disease.
Case of the Monserrat: Mr. Romero's note in re-
gard to the fine imposed on the Monserrat for
a defect in her papers stated to have been duly
authenticated, but lost, received, and copy sent
to the Secretary of the Treasury.
Jan. 23 Quarantine against Mexican cattle: The Mexican
system of sanitary inspection of native and im-
ported cattle requested; regulations in regard
to cattle diseases under the State governments,
and precautionary measures necessary to pre-
vent their evasion by transit through Mexican
territory.

Mr. Bayard to Mr. Romero.. Jan. 11

Jan. 23

Case of the Monserrat: The duty collected not a
fine for failure to produce papers, but the same
which is levied on the vessels of all foreign na-
tions who have not acquired rights by treaty
or law; no reason for exempting the Monserrat.
Case of the Monserrat: The collection of $1 a ton
should be levied on all, if any foreign vessels in
United States ports; it is a violation of the
shipping act of 1884; the Secretary of the
Treasury can return the amount illegally col-
lected

Drain-pipe at El Paso: The injury resulting from
it to the residents of Paso del Norte not appar-
ent; letter of Governor Ross and report of Dis.
trict Attorney Dean inclosed.
Free Zone: Belief in the United States that the
establishment of the Free Zone was an act an-
tagonistic to the United States, and to encour-
age smuggling; history of the Free Zone; its
establishment an act of necessity; Mexico a
worse sufferer than the United States from smug.
gling by the inhabitants of the Zone; Ameri-
can goods imported free of duty; Mr. Romero
opposed to the existence of the Zone; legisla
tion in regard to it; decree of the governor of
Tamaulipas, establishing the Zone, law of the
Federal Congress confirming the decree, regu-
lations of the governor of Tamaulipas of 1860
and of the Federal Congress of 1878 inclosed.

1258

1259

1261

1261

1262

1262

1263

1263

1264

1266

CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.

No.

From and to whom.

Date.

Subject.

Page.

854

1888. Mr. Romero to Mr. Bayard. Feb. 11

855

Same to same..

856

857

Feb. 14

Drain-pipe at El Paso: Note from this Depart-
ment, inclosing the report of Mr. Dean on drain-
pipes, will be sent to Mr. Mariscal; Mr. Sama-
niego corrects the interview reporting him as
not opposing the laying of the pipe.
Free Zone established in imitation of the United
States to prevent smuggling of goods shipped
in bond to the border United States towns; its
continuance due to the prosperity of the zone con-
sequent upon the civil war in the United States,
but which was attributed to the Free Zone.

Mr. Bayard to Mr. Romero. Feb. 21 Free Zone: Mr. Romero's communications not

Mr. Romero to Mr. Bayard. Feb. 22

considered an invitation to discuss the matter;
an opportunity offered for making public his
letters by a resolution of the Senate calling for
unpublished correspondence in regard to the
Free Zone; Mr. Romero's wish as to their pub.
lication asked.

Free Zone: No diplomatic questions between the
two countries in regard to it, and their writing
voluntary, to remove any misconceptions in
regard to the reason of the existence of the
zone; no objection to the publication of the
communications.

Mar. 12 Duty on tobacco: The decision of the Treasury
making the leaf the unit of taxation believed to
be contrary to the tariff laws and detrimental
to commerce between Mexico and the United
States.

Mar. 13

Case of the Monserrat: No higher tonnage
dues levied in Mexican ports on vessels of the
United States than on those of other nations,
and no ground for the belief that there is any
discrimination.
Mar. 19 Crossing of cattle over the boundary: Mr. Bar-
rera's calves having strayed into United
States territory to graze, seized and bond for
import duties on them exacted; measures nec-
essary to meet such cases; resolution intro-
duced in the Senate to exempt from duty cattle
that had strayed into Mexican territory; pro-
vision suggested that Mexican cattle straying
into the United States be exempted also.
Arrest at Janos of three sheriffs of Arizona Ter-
ritory and two Papago Indians, pursuing three
American bandits who had taken refuge in Mex-
ican territory, because they had no permit from
the Mexican Government: Their subsequent
release, their arms being taken from them by
order of the President of Mexico; their arms
will be delivered to any one appointed to receive
them.

Mar. 19

862

Mr. Bayard to Mr. Romero. Mar. 20 Case of the Monserrat: The Secretary of the

Mar. 23

Treasury states the tonnage tax of $1 per ton to
have been properly collected under sections
4219 and 4225 of the Revised Statutes of the
United States; these sections not repealed by
the act of June 26, 1884; the effect of that act.
Arrest of three United States sheriffs and two In-
dians at Janos: Señor Romero's note stating
that they had been released and their arms re-
tained for delivery to the Government of the
United States received; information previ
ously received and report awaited; copies of
the note will be sent to governor of Arizona
and the Attorney-General.

Mar, 24 Crossing of cattle over the boundary: Copy of
note in regard to the calves of Señor Barrera
sent to the Secretary of the Treasury, to show
absence of intent to evade the law; a favora-
ble decision would be facilitated by the assur-
ances of reciprocal action on the part of Mex-
ico; the recommendation that arrangements be
made between the countries and modification
of the bill in Congress to include strayed Mex-
ican cattle; copy of note will be communicated
to Committee on Finance; assurances of reci
procity desired; willing to compare views in
regard to the Senate resolution of May 6, 1886;
reciprocal agreement for the restoration of
strays necessary, which may be in the form of a
diplomatic understanding or formal protocol.

1282

1282

1283

1284

1285

1286

1286

1287

1288

1288

1289

CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.

865 Mr. Romero to Mr. Bayard. Mar. 25

866 Mr. Bayard to Mr. Romero.. Mar. 30

869

870

871

Crossing of cattle over the boundary: Approval
of the suggestion in regard to restoration of
strayed cattle by Mr. Bayard; cattle imported
into Mexico not subject to duty and the difficul-
ties complained of not liable to occur, views
mutually in accord; Mr. Bayard's note will be
communicated to the Mexican Government
with a request for instructions.
Case of the Monserrat: No higher charges on
United States vessels than those of other na
tions in Mexico, and no discriminatory duties;
the United States laws in regard to discrimi
natory duties apply to duties levied on national
as well as foreign vessels, found in section 4225;
its provisions; the proclamation in regard to
Spanish vessels and cargoes the last under this
Mar. 30 Duty on Mexican tobacco: The complaint that
adopting the leaf instead of the "hand" unit
increases illegally the duty on Mexican tobacco;
decision of the Treasury Department that it is
according to statute; no discrimination in-
tended; tariff revision pending in Congress.
Arrest of United States sheriffs and posse at
Janos: Their arms and horses will be delivered
to the person appointed by the United States
Government to receive them.

Mr. Romero to Mr. Bayard.. Apr. il

Mr. Bayard to Mr. Romero.. Apr. 16

act.

Claim of J. Escober y Armendariz to land in New
Mexico: The grant acted upon by the sur-
veyor-general of Mexico and his recommenda
tion transmitted to Congress, where it now is;
a survey under the circumstances improper ;
the report of the surveyor-general properly
transmitted to Congress; report of acting Com
missioner of the Land Office inclosed.

Mr. Romero to Mr. Bayard. Apr. 28 Crossing of cattle over the boundary : Authorized

to submit to the United States Government a
draught of an arrangement for the crossing of
cattle over the boundary; the Department's
views requested; draught inclosed.

Mr. Bayard to Mr. Romero.. May 18 Crossing of cattle over the boundary: No objection

to the draught of a convention, unless to Article
III, in regard grazing cattle across the frontier,
and Article VI; Article III should require the
value of the cattle to be assessed when imported
and bond given for their exportation in six
months; Article VI should require other satis
factory proof in addition to the certificate; a bill
to restore strayed cattle on proofs of ownership
approved by the Secretary of the Treasury, and
amendment to that end suggested; his views
concurred in by the Department.

872 Mr. Romero to Mr. Bayard. May 19 Crossing of cattle over the boundary: Will ac

cept the additions proposed to the agreement
regulating the crossing of cattle over the front-
ier and sign it; draught of agreement, with the
changes suggested, inclosed.

Arrest of sheriffs and posse at Janos: Mr. Lind-
berg appointed to receive the horses; requests
that the Mexican authorities be telegraphed.
Arrest of United States marshals and posse at
Janos: Their arms and two horses will be de-
livered to Mr. Lindberg; the third horse having
died, will be paid for if its death was due to
neglect.

Arrest of sheriffs and posse at Janos : Note stat-
ing that two horses would be delivered to Mr.
Lindberg, and offering to pay for the third if it
died from neglect, received; Mr. Lindberg in-
formed; the horses to be admitted free of duty.
Arrest of Manual Mejia: Genning and Bryant ac
quitted of the charge; Governor Zulich's assur-
ance of justice and protection to all; the gov.
ernor's letter inclosed.

Claim of J. Escobar y Armendariz to land in New
Mexico: The petition of Armendariz shows
that the grant was valid, asks confirmation and
a resurvey; the validity of the grant acknowl
edged by Mr. Atkinson, denied by Mr. Julian,
owing to a mistake in interpreting the "ar-
chives of Mexico' to mean those of the City of

1290

1201

1202

1293

1294

1296

1298

1299

1300

1300

1301

1301

1303

CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.

1888.

877 Mr. Romero to Mr. Bay July 3 ard-Continued.

878 Same to same..

July 19

879

Mr. Bayard to Mr. Romero

Aug. 13

880

881

Mexico; probability of the authorization of
provincial authorities to grant title to land, in
which case the records would be kept in the
provinces; the records of the State of Chihua
hua destroyed in 1846-'47; the stipulation in re-
gard to record proof to prevent fraudulent ac-
quisition of land. The Garcia family in pos
session a century, and the grant confirmed by
the Mexican Government; the claimant liable
to be deprived of a hearing by the refusal of the
Interior Department to lay the papers before
Congress; requests the good offices of the De-
partment of State; a resurvey not necessary at
present; general reflections upon the titles to
fand in the United States by Mexican grants
and the laws and treaties on the subject."
Claim for sheep of Toribio Lozano and murder of
Mexican shepherds: He established in Nueces
County, Tex., a sheep ranch in 1861; his sheep
dispersed and seven shepherds killed in 1873;
complaint made but no action taken to punish
the murderers by the authorities; claim for in-
demnity made in 1875; responsibility denied by
the Secretary of State; correspondence on the
subject; demand for indemnity renewed.
Claim for sheep of T. Lozano and murder of Mex-
ican shepherds: Claim presented in 1875 by the
Mexican legation and refused by Mr. Fish; no
further correspondence till the present; the po
sition of the Department unchanged.

Mr. Romero to Mr. Bayard.. Aug. 13 Extradition of Paulino Preciado: Instructed to

complain of the action of the judge of Cameron
County, Tex., and request Preciado's extradi-
tion; statement of the case; the examination
before the judge of Cameron County; allega
tion by Preciado that the proof was insufficient
and the extradition documents irregular, as Mr.
Sutton did not state that he was the principal
consular officer of the United States; dis-
charged on these grounds; provisions of the
treaty in regard to extradition; these conditions
complied with and proof sufficient; no higher
United States consular officer than consul-gen-
eral in Mexico, and that point of irregularity
therefore not tenable; full and exclusive juris-
diction of the case in the Mexican courts, and
no power in the judge of Cameron County to
acquit Preciado of the crime.

Mr. Bayard to Mr. Cayetano Aug. 29 Extradition of Paulino Preciado: Denial by Mr.
Romero.

Romero of the insufficiency of proof and irreg
ularity of the certification, and of the right of
the Texas judge to acquit Preciado of the
charge; the duty of the judge merely to deter-
mine the question of proper surrender; a rec-
ommendation asked from the Department to
the governor of Texas for Preciado's surrender
in 1887, and the inability of the Department, in
view of the previous application to the State of
Texas, to make this recommendation stated in
reply; provisions of the treaty of 1861; the De-
partment had no power to interfere in nor to
review the proceedings; new application will
receive attention.

1306

1308

1308

1315

884 Mr. Bell to Mr. Bayard (No. 286).

1887. Dec. 16

885

Same to same (No. 288)

Dec. 21

886

Same to same (No. 289)

Dec. 23

887

Mr. Bayard to Mr. Bell (No. 113).

1888. Feb.

3

888

Mr. Bell to Mr. Bayard (No. Mar. 3 300).

889

Mr. Bayard to Mr. Bell (No. 118).

890

991

Mar. 26

Neutrality of the Suez Canal: Reply of the min-
ister of foreign affairs to questions on the sub-
ject that there was no convention, but a pro-
ject to insure the neutrality of the canal agreed
upon by France and Germany, which had been
submitted for the consideration of the powers,
and was acceptable to the Dutch Government;
provisions of the projected convention.
Law regulating the work of children proposed by
the Dutch Government: Provisions of the law.
Naturalization can only be secured in the Neth-
erlands by special law: Conditions requisite
for obtaining it; how it is forfeited.

Enrollment of E. R. Connell in the "schuttery" at
Batavia: Mr. Bell's No. 262 communicated to
Mr. Connell for explanation of conflicting alle.
gations: his answer; the question is whether
the local Batavian law is according to interna-
tional usage; the "schuttery" a corps in which
all residents are compulsorily enrolled, and be-
sides defending Batavia, obliged to serve in
neighboring provinces; foreigners temporarily
resident in a country not subject to its per-
manent military service by international law;
police and defensive service may be exacted;
such reasons not apparent in this case; resi
dence of Americans abroad encouraged; expul
sion of them by Dutch Government inhospita
ble; the position of Mr.Connell not exceptional;
desire to protect Americans and encourage
good understanding with the Netherlands; Mr.
Pels to Governer Porter, Mr. Connell to Mr.
Peis, extract from the London and China Ex-
press and Mr. Hatfield to Mr. Connell inclosed.
Enrollment of E. R. Connell for military services
at Batavia: Refusal of the minister of the Neth-
erlands to examine the law compelling Mr.
Connell's enrollment with a view to its modifi
cation, on the ground that it is not contrary to
international law, as the services are merely of
a police nature and not in the regular military
service of the country; a similar law in the
Netherlands; the "schuttery" system econom-
ical; illogical position of the Government of the
Netherlands.

Enrollment of E. R. Connell in the "schuttery"
at Batavia: The anomaly of the position of the
Dutch Government pointed out by Mr. Bell:
willing to let the question rest, as the practical
basis of complaint has been withdrawn, until
revived by an actual case, without assenting
to the Dutch position.

Mr. Bayard to Mr. Roose- Sept. 28 | Pork, prohibition of importation of: Americau
velt (No. 24).

pork to be secured the same facilities as that
from other countries; Consul Eckstein's No.
709 inclosed.

Mr. Roosevelt to Mr. Bay. Sept. 28 Pork, American, refused admission, although certi-
ard (No. 23).

fied to come from a place free from disease: The
case communicated to the minister of foreign
affairs; copies of letter of Mr. James Hector,
the certificate accompanying the shipment, and
Mr. Roosevelt's note on the subject to the min-
ister of foreign affairs inclosed.

Passports: Can diplomatic officers modify the
forms of passports? Many American citizens
left unprotected by the new forms.
Pork Mr. Roosevelt's action in bringing to the
attention of the Government of the Netherlands
the complaint of James Hector of the exclusion
of American pork, certified to be from a place
free from diseases; approved; further report
awaited.

Pork: Copy of Mr. Roosevelt's notes to the minis.
ter of foreign affairs in regard to the exclusion
of American pork from the Netherlands in-
closed.
Pork: Reason to believe that the forms requisite
had not been complied with in the case of the
shipment of American pork which the railroads
refused to carry, and Mr. Hector so informed;
no further action taken.

1322

1323

1323

1324

1329

1330

1330

1331

1332

1333

1333

1331