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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
(1903)

Mexico,   pp. 645-685 PDF (15.4 MB)


Page 681

 MEXICO. 681 
Aft. Clayton to Ift. Hay. 
No. 2037.] EMBASSY OF THE UNITED STATES, 
JWexico, November 18, 1903. 
 SIR: Referring to Department's instruction No. 985, of the 3d instant, I
have the honor to report that on the 14th instant 1 delivered in person to
Mr. Algara the requisition for the surrender of Charles Kratz, with accompanying
papers. 
 Upon reading the requisition, Mr. Algara seemed to be somewhat uncertain
as to the sufficiency of the language used in the promise of reciprocity,
suggesting that the promise, perhaps, should be "strict reciprocity in any
similar case," omitting the words "bribery committed in Mexico prior to the
date of the supplemental convention between the two countries." He was not,
however, insistent. The next day (Sunday) I called upon him again and remarked
that if there was any doubt as to the sufficiency of the language submitted
by me, I preferred that he would withhold the requisition until I could communicate
with the Department and obtain its permission to use language that would
be satisfactory to him. He replied he thought the language was sufficient,
but that he would see the President the next day, and after receiving his
views would inform me. I called at the foreign office on Monday and was pleased
to learn that the language was deemed sufficient, and that the papers would
be sent at once to the district judge at Guadalajara. 
 During this latter interview, Mr. Algara expressed some discontent at the
action of Mr. Desmond, who bears the President's warrant, in calling upon
President DIaz in relation to the extradition, and at certain newspaper interviews.
He said that it would be better if Mr. Desmond would return to. the United
States and await the action of the authorities, which he said might cover
a period of four months before a final conclusion is reached. I expressed
surprise at the length of time he seemed to think the proceedings may require,
and said that I hoped his department would expedite them as rapidly as consistent.
 I inclose herewith a copy of the requisition. 
 In connection with this case, I also respectfully acknowledge the receipt
of your instruction No. 988, of the 6th instant, and inclosure. Mr. Algara
having expressed a desire to he furnished with a copy of the decision upon
which the Department bases its views as to the retroactive effect of the
extradition treaty between the two countries (see inclosure 4, dispatch No.
1996), 1 have transmitted to him with my note of to-day—copy inclosed—a
copy of the opinion 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). 
I have, etc., 
POWELL CLAYTON. 
[Inclosure 1.] 
Mr. Clayton to Mr. Algara. 
EMBASSY OF TIlE UNITED STATES, 
Mexico, November 14, 1903. 
 MR. SECRETARY: In pursuance of my Government's instruction, and of the promise
made in my note to your excellency of October 20 last, requesting the provisional
arrest 


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