No. 180.j ST. LOUIS AND ZACATECAS ORE COMPANY. Mr. Butler to Mr. Gresham. LEGATION OF THE UNITED STATES, Mexico, November 20, 1893. (Received December 4.) SIB: The inclosed copies and translations of correspondence will acquaint you with replies I made on the 17th instant to certain interrogatories addressed to this legation by the Hon. Angel Zimbron, second civil judge of first instance, this city, in connection with the suit of Señor M. Yslas against the St. Louis and Zacatecas Ore Company, the object being to verify the date of an act of the U. S. Congress "to reduce the revenue and equalize duties on imports," etc., approved October 1, 1890. Trusting in your approval, I am, etc., [Inclosure 1 in No. 183.-Translation.] E. C. BUTLER. SECOND CIVIL COURT, MEXICO. In the case of specific performance, pending before the court, of Mr. Marcial Yslas against the St. Louis and Zacatecas Ore Company, the attorney for the company sued has asked, as a part of his proof, and basing it on articles 357 and 515 of the Code of Civil Procedure, that communication be addressed you, that you may be pleased to testify in conformity with the interrogations presented. Having ordered in accordance with said request, I have the honor to address you herein, so that you may be pleased to testify in accordance with the interrogations hereinafter inserted, returning the present communication with your deposition. Having affirmed to state the truth, state First. Your name, nationality, residence, age, profession, and relation, if any, to the litigant parties. Second. If you know, and it so appears, that on the 1st of October, 1890, the Congress of the United States passed a law burdening in 30 per cent the importation of ores to that nation. Third. State why you know it On behalf of Mr. Yslas, it was requested that you may also be pleased to state in accordance with the following question, which was granted: Only one: State if you have authority from your Government to testify in the present case. Permit me to assure you of my consideration. Liberty and Constitution, Mexico, November 16, 1893. ANGEL ZIMBRON. [Inclosure 2 in No. 183.-Translation.] Mr. Butler to Judge Zimbron. LEGATION OF THE UNITED STATES, Mexico, November 17, 1893. MY ESTEEMED SIR: I have had the honor of receiving your communication of yesterday, in which you are pleased to request my statement, as a witness suggested by the attorney of the St. Louis and Zacatecas Ore Company, in the case pending of Mr. Marcial Yslas against the former, and complimenting your request I proceed to make my statement in accordance with the interrogations inserted in the communication. Affirming to state the truth in all that I am to state, I answer To the first question: My name is Edward C. Butler; a native of Massachusetts, United States of America, residing in this city; 40 years of age; in the diplomatic service of the United States, my residence being at No, 10 on the Fourth Providencia street, in this city, and not subject to the objection of law; that is, I am not related to the parties litigating, nor have I any interest of any kind in this or similar case, nor friendship or unfriendly feeling toward any of the parties litigating in the matter wherein I testify. To the second: It is true, and I know it. To the third: What I state is true, because I know the law well. In regard to the only question of the interrogatory of Mr. Yslas, I answer it, No. With what I have stated your request is satisfied, all of which I confirm. I have the pleasure to assure you of my consideration. No. 167.] Chargé d'Affaires ad interim of the United States. Mr. Gresham to Mr. Gray. DEPARTMENT OF STATE, Washington, January 12, 1894. SIR: I have received Mr. Butler's dispatch of the 20th ultimo, No. 183, giving a copy of his testimony, at the instance of the second civil judge of first instance, in the suit of Marcial Yslas vs. The St. Louis and Zacatecas Ore Company. The subject upon which he was called to testify was purely official, he being asked whether he knew, and whether it was of record, that the Congress of the United States had enacted a tariff law on October 1, 1890, by which 30 per cent duty was levied on the importation of metals. And he was further asked how and why he knew it. Mr. Butler asks approval of his action. It is a well-established rule that no public minister can testify in a civil or criminal case without the authorization of his Government. Moreover, he can not even testify as a private individual, for he may not waive his official character and immunities without express authorization of his Government. Washington, January 9, 1894. (Received January 9.) According to information communicated to the Mexican Government by the governor of the State of Chihuahua, Victor Ochoa, profiting by the circumstance that there were a number of people thrown out of employment by the recent paralysis of business, and ready for any adventure, organized on United States territory, and especially at El Paso, gangs of bandits who attacked and plundered the custom-house at Las Palomas, of which assault your Department was duly informed. On account of the crimes which he had committed in Mexico, the consul at El Paso, Tex., requested his extradition; but, unfortunately, the U. S. commissioner set him at liberty, on the ground that his Mexican citizenship was not proven, whereas, this being an exception to be alleged in order to place obstacles in the way of extradition, it should have been presented and proved by the accused and not by the agents of the Mexican Government. Encouraged by the impunity accorded to his crimes on this account, Ochoa again organized a band of thirteen mounted and armed men, with which, on the 5th instant, he attacked and robbed several privaté individuals at a place called El Borracho, about 10 leagues distant from Paso del Norte, going thence to Las Vacas. The governor of the State of Chihuahua detached a force sufficient to pursue Ochoa and his band, and it is certain that, upon the approach of this force, Ochoa will again seek refuge in the territory of the United States. As in this case, the Government of Mexico will again have occasion to request his extradition, I have thought it proper to make this communication without delay to your Department, in order that it may be informed of what is taking place on the frontier and may, with full knowledge of the matter, determine, at its convenience, what steps it deems appropriate to take in view of its interest, that crimes committed upon the frontier shall not go unpunished. Be pleased to accept, etc., M. ROMERO. Mr. Uhl to Mr. Romero. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 9th instant, relative to one Victor Ochoa. You state that this person was, in proceedings for his extradition instituted before a U. S. commissioner by the Mexican consul at El Paso, released on the ground that his Mexican citizenship was not proved. You express the opinion that, under an extradition treaty, it is incumbent on a person demanded in extradition, who claims exemption on account of his citizenship, to prove affirmatively that citizenship. Mentioning that Ochoa since his release has again been guilty of crime in Mexican territory, and intimating that his extradition may be again requested by your Government, you state that this information is given in order that, should such request be made, this Government may advisedly determine what it will be expedient to do in view of its own interest, in order that crimes committed on the frontier may not go unpunished. In reply I have to say that this Department, whatever its own views may be as to the burden of proving citizenship, when that is relied on as a defense against extradition, can not compel the U. S. commissioner or other judicial officers to act upon its views. You may rest assured that any communication or request from you, in respect to the party of whose acts you complain, will receive the careful consideration of this Department. Accept, etc., EDWIN F. UHL, Mr. Romero to Mr. Gresham. [Translation.] LEGATION OF MEXICO, Washington, January 12, 1894. (Received January 12.) MR. SECRETARY: I have had the honor to receive your Department's note of yesterday, in reply to that which I addressed to you on the 9th instant with respect to Victor Ochoa, whose extradition was asked by the Mexican consul at El Paso, Tex., and whom the commissioner of the United States set at liberty because the Mexican nationality of the accused had not been proved. My object in writing you that note was, as I therein stated, to acquaint you with the facts to the end that they would appear should the extradition of Ochoa be asked anew, and not to request the Department of State to exert any intervention in the matter with the U. S. commissioners which may not be permitted by the laws of this country. To obviate in any future case the difficulties presented in the Ochoa incident, the Government of Mexico will be careful to prove the nationality of this individual, waiving the interpretation which it attaches to the treaty, since in this regard it must necessarily submit to the interpretation which is given thereto by the judicial functionaries of this country. For the rest, I greatly thank your Department for the good disposition it has shown to take into consideration the statements made to it by this legation with respect to the person in question. Be pleased to accept, etc., Mr. Romero to Mr. Gresham. [Translation.] M. ROMERO. LEGATION OF MEXICO, Washington, January 17, 1894. MR. SECRETARY: I have the honor to inform you that I have received, by cable, information from my Government that the band commanded by Victor L. Ochoa, which has been marauding on the border of the State of Chihuahua, is about to take refuge in the United States in the direction of Silver City, N. Mex., or of San Vicente, and for this reason the Government of Mexico has instructed me to forward this intelligence to the Government of the United States, in order that, should it deem proper, it may please give orders to the end that those individuals may be captured in crossing to this country. Accept, etc., M. ROMERO. Mr. Uhl to Mr. Romero. DEPARTMENT OF STATE, SIR: Ihave the honor to inclose herewith the opinion of the AttorneyGeneral upon the case of Ochoa, given in response to a communication from this Department transmitting your request that Ochoa be prosecuted in the U. S. courts for violation of the neutrality laws. The Attorney-General, as you will note, states that "this law clearly is directed against the invasion of foreign territory by organized military bodies for the purpose of conducting military operations against the foreign government in its political capacity." Such being the case, he thinks the law is not applicable to common criminals like Ochoa and his associates. I concur in the sentiment of regret expressed by the Attorney-General that this Government is unable to comply with your request, and hope the governor of Texas, to whom a copy thereof was also transmitted, may be able to take action in the matter. Accept, etc. EDWIN F. UHL, Acting Secretary. Mr. Romero to Mr. Gresham. [Translation.] LEGATION OF MEXICO, Washington, March 13, 1894. (Received March 13.) MR. SECRETARY: I have the honor to acknowledge the receipt of a note from your Department of yesterday's date, inclosing a copy of the Attorney-General's opinion in the case of Victor L. Ochoa, received by you on the 8th instant, in answer to the request made on the 6th instant, pursuant to instructions from the Government of Mexico for the apprehension and punishment of Ochoa in this country for his recent, invasion of Mexican territory. The Attorney-General is of opinion that Ochoa having committed a common crime, and one which had no political character, the Federal courts of the United States have no jurisdiction in the case, which opinion is shared by the Department of State. With due respect for the opinions of persons in such high authority, I think it appropriate to call your attention to a precedent which sustains the request of the Mexican Government in this case. A number of persons, led by Francisco Benavides, Maximo Martinez, Pablo Gomez, and Cecilio Echeverria, organized in United States territory an expedition very similar to that which, a year later, was carried into effect by Ochoa, for the purpose of committing depredations in Mexico, and upon their return to the United States they were tried and sentenced by the Federal courts. I see no reason whatever why the case of Ochoa can not be proceeded with in the same manner. I have communicated to the Mexican Government your note and the opinion of the Attorney-General, to the end that, in view of them, I may be furnished with suitable instructions. Be pleased to accept, etc., M. ROMERO. Mr. Romero to Mr. Gresham. [Translation.] LEGATION OF MEXICO, Washington, March 19, 1894. (Received March 19.) MR. SECRETARY: I have the honor to inform you that I have received instructions from Señor Mariscal, secretary for foreign relations of the United States of Mexico, dated City of Mexico, the 7th instant, to call |