CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.
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
Mr. Romero to Mr. Bayard.. Jan.
Mr. Bayard telegraphed to Mr. Mariscal; Mr. Mariscal's reply inclosed.
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.
Mr. Bayard to Mr. Romero.. Jan. 11
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.
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.
Mr. Romero to Mr. Bayard.. Jan. 26
Mr. Bayard to Mr. Romero.. Feb. 10 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.
CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.
854 Mr. Romero to Mr. Bayard. Feb. 11
856 Mr. Bayard to Mr. Romero. Feb. 21
857 Mr. Romero to Mr. Bayard. Feb. 22
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. Free Zone: Mr. Romero's communications not 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.
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.
862 Mr. Bayard to Mr. Romero. Mar. 20 Case of the Monserrat: The Secretary of the
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.
CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON—Continued,
865 Mr. Romero to Mr. Bayard. Mar. 25
Mr. Bayard to Mr. Romero.. Mar. 30
Mr. Romero to Mr. Bayard.. Apr. 11
Mr. Bayard to Mr. Romero.. Apr. 16
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 act.
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.
Claim of J. Escober y Armendariz to land in New Mexico: The grant acted upon by the sur veyor-general of Mexico and his recomenda- 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.
870 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. 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. 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- forfned; 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
CORRESPONDENCE WITH THE LEGATION OF MEXICO AT WASHINGTON-Continued.
877 Mr. Romero to Mr. Bay. July 3 ard-Continued.
879 Mr. Bayard to Mr. Romero. Aug. 13
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.
880 Mr. Romero to Mr. Bayard.. Aug. 13 Extradition of Paulino Preciado: Instructed to
881 Mr. Bayard to Mr. Cayetano Aug. 29 Romero.
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. Extradition of Paulino Preciado: Denial by Mr. 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.
Mr. Bell to Mr. Bayard (No. 286).
885 Same to same (No. 288) 886 Same to same (No. 289)
Mr. Bayard to Mr. Bell (No. 113).
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. Pe's to Governer Porter, Mr. Connell to Mr. Peis, extract from the London and China Ex- press and Mr. Hatfield to Mr. Connell inclosed. 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.
Mr. Bell to Mr. Bayard (No. Mar. 3 Enrollment of E. R. Connell for military services 300).
889 Mr. Bayard to Mr. Bell (No. Mar. 26 118).
Enrollment of E. R. Connell in the "schuttery 1330 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.
890 Mr. Bayard to Mr. Roose- Sept. 28 Pork, prohibition of importation of: American velt (No. 24).
pork to be secured the same facilities as that from other countries; Consul Eckstein's No. 709 inclosed.
991 Mr. Roosevelt to Mr. Bay. Sept. 28 Pork, American, refused admission, although certiard (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.
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