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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 7, 1903

Mexico,   pp. 645-685 PDF (15.4 MB)

Page 680

680 FOREIGN RELATIONS. a Not printed. 
 On the 3d instant an instruction, No. 985, was sent to you, directing you
to make formal request for the extradition of Kratz., to present the documentary
evidence in the ease, and to give the assurance and promises required by
the Mexican extradition law. 
 As showing the basis of the view of this Department, that extradition treaties
apply to offenses committed prior to their conclusion unless they expressly
provide otherwise, I inclose herewith a copy of the opinion a of the district
court of the United States for the southern district of New York (Blatchford,
J.) in the case of In re De Giacomo (12 Blatchford, 391). 
 The Department has advised the Missouri State authorities of the necessity
of providing the officer who has gone to Mexico to take Kratz into custody
with ample funds to employ legal counsel there. 
Jam, etc., 
JJ&. Clayton to 21&. Hay. 
M~exico, November 9, 1903. 
 SIR: In relation to the Kratz extradition case, I have the honor to report
that on Friday last, after having presented Captain Reeve, the new military
attache at this embassy, to the President, 1 turned the conversation to said
case, remarking that President Roosevelt felt a deep interest in it, and
that my Government hoped that the Government of his excellency would find
it consistent to grant the requisition for the surrender of Kratz. I stated
that I had carefully studied the Mexican extradition law and had been unable
to find any obstacle that I considered in the way. The President replied
that it was not so much a questioii of law as it was a question of comity,
and that I would find that the Mexican flag would not be used to shield criminals.
 From what the President said, and his manner, I feel greatly encouraged
in the belief that the extradition will be granted. 
 The papers in the case have not yet been received at this embassy. 
I have, etc., 
JJ&. Clayton to JJfr. hay. 
JJ4xieo, November 16, 1903. 
 (Mr. Clayton reports that the requisition for the extradition of Kratz has
been made by him, and that the promises expressed therein as required by
Mexican law are satisfactory to the Mexican Government.) 

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