페이지 이미지
PDF
ePub

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 trans. mitted, 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 the attention of the Government of the United States to a letter from Victor L. Ochoa, published in the Citizen, of Albuquerque, N. Mex., of the 6th instant, and dated the 18th of the previous February, which has been reproduced in several newspapers, and among them The Two Republics, of Mexico, as you will see in the inclosed clipping. That letter shows that Ochoa is still intent upon organizing in the United States new expeditions against Mexico, and this, in the opinion of the Government of Mexico, makes it the more urgent that he should be imprisoned and brought to trial. Accept, etc.,

M. ROMERO.

Mr. Gresham to Mr. Romero.

DEPARTMENT OF STATE,

Washington, March 28, 1894. SIR: Referring to your note of the 19th instant, representing the importance to your Government of the arrest and trial of Victor L. Ochoa, alleged to be organizing in the United States expeditions against Mexico, I have the honor to inform you that I am in receipt of the reply of the Attorney-General to the letter addressed him on the subject, of which you were advised in my note of acknowledgment of the 22d instant.

The Attorney-General states that he will be happy to instruct the proper district attorney to proceed at once to prosecute any violation of the neutrality laws of the United States upon being furnished with any tangible evidence of such violation. The supposed letter of Ochoa published in the Albuquerque Citizen he thinks only creates a suspicion, but gives no facts upon which a prosecution by the Government of the United States can be initiated, and he will be pleased to receive any such facts that may come to your knowledge.

Adding that the War Department will be happy to cooperate toward the ends of justice whenever the Attorney-General may be in a position to act upon positive information of actual or attempted infraction of the statutes in this regard, I take the occasion to renew, etc.,

W. Q. GRESHAM,

Mr. Romero to Mr. Gresham.

LEGATION OF MEXICO, Washington, March 29, 1894. (Received March 29.) MR. SECRETARY: I have the honor to acknowledge receipt of your note of yesterday in which, referring to mine of the 19th instant touching the importance of the arrest and punishment of Victor L. Ochoa, who is endeavoring to prepare in the United States expeditions against Mexico, you state that the Attorney General informs you that he will take pleasure in instructing the proper district attorney to institute proceedings against Ochoa for violation of the neatrality laws whenever he is furnished with positive evidence of violation of said laws, and that he does not consider as evidence of that nature the letter of Ochoa published by the Citizen of Albuquerque which I submitted to you in my above-mentioned note.

You also state that the War Department will cordially cooperate on its part with the Attorney-General to the same purpose.

I have the honor to say, in reply, that if the letter published by Ochoa in the Citizen of Albuquerque is not sufficient in order to insti. tute proceedings against him--and granting that the opinion of the Attorney-General on this point is of great weight-it aftords no reason why he should not be prosecuted for the expedition which he organized in the United States in 1893 and carried out into Mexico, where he committed many crimes, being ultimately driven off by the Mexican forces.

I have, under instructions of the Government of Mexico, requested the arrest and trial of Ochoa for violation of the neutrality laws in the United States in organizing in this country an expedition in arms against a friendly nation, of which the facts can be proved before the competent Federal court of this country, and I am confident that the Government of Mexico will assist in adducing all the evidence that may be necessary in the case. Should the Attorney-General of the United States think it necessary to examine the evidence before proceeding against Ochoa, I shall apply for the same at once. Please accept, etc.,

M. ROMERO.

Mr. Uhl to Mr. Romero.

DEPARTMENT OF STATE,

Washington, April 6, 1894. SIR: I have the honor to inclose herewith copy of a letter from the Attorney-General touching the subject of your note of the 29th ultimo, in which you requested the prosecution of Victor L. Ochoa for organizing in the United States in 1893 an armed expedition against Mexico.

The Attorney-General calls attention to the fact that your note does not specify in what State or Territories the alleged armed expedition was organized, and he states that if you will furnish him with the evidence to establish the violation of the neutrality laws of the United States, he will at once forward it to the U. S. attorney for the proper district with instructions to immediately institute such proceedings as the evidence will justify. Accept, etc.,

EDWIN F. UHL,

Acting Secretary.

Mr. Romero to Mr. Gresham.

[Translation.)

LEGATION OF MEXICO, Washington, June 20, 1894. (Received June 20.) MR. SECRETARY: With reference to our previous correspondence in regard to the organization by Victor L. Ochoa of a band of people armed in the State of Texas for the purpose of invading Mexico, I have the honor to inform you that I am in receipt of authentic information to the effect that Ochoa, who had left the State of Texas to escape from prosecution on the ground of violation of the neutrality laws of the

1 Not printed.

United States, is now at the Hotel Espanol e Hispano Americano, No. 116 West Fourteenth street, at New York.

The Government of Mexico has instructed me to secure the apprehension and punishment of Ochoa, and with the wish that he may be brought to justice so that this may serve as a warning and prevent the organization of similar bands in the future which are the cause of so many evils on the frontier of both countries, I advise you of Ochoa's whereabouts so that the proper proceedings may be taken in conformity to the laws of this country. Be pleased to accept, etc.,

M. ROMERO.

Mr. Uhl to Mr. Romero.

DEPARTMENT OF STATE,

Washington, June 20, 1894. SIR: I have the honor to acknowledge the receipt of your note of this day's date, giving the present whereabouts of Victor L. Ochoa, who, you state, has left Texas to escape prosecution for a violation of the neutrality laws of the United States in organizing an armed force for the invasion of Mexico.

A translation of your note has been furnished to the Attorney-General for his information.

In this relation I have the honor to inform you that the evidence submitted with your note of the 14th ultimo has been forwarded to the U. S. attorney for the western district of Texas, with instructions to present the same to the grand jury for indictment. Accept, etc.,

EDWIN F. UHL,

Acting Secretary.

Mr. Uhl to Mr. Romero.

DEPARTMENT OF STATE,

Washington, June 29, 1894. SIR: Referring to previous correspondence on the subject of the prosecution of Victor L. Ochoa for an alleged violation of the neutrality laws of the United States, I have the honor to state that I am informed, through the Attorney General, that the grand jury at El Paso, at the April term, 1894, returned a true bill of indictment against Ochoa on that account.

The U. S. district attorney for the western'district of Texas has been informed of the whereabouts of Ochoa, as furnished by you. Accept, etc.,

EDWIN F. UHL,

Acting Secretary.

NICARAGUA.

RIGITS OF FOREIGN RESIDENTS.

Mr. Baker to Mr. Gresham.
No. 132.]

LEGATION OF THE UNITED STATES,
Managua, Nicaragua, November 1, 1893.

(Received November 23.) SIR: Since my dispatch No. 121, of October 24, there has been quiet in the politics of Nicaragua. The persons who were imprisoned on the night of the 22d, as reported in said dispatch, have been assigned respectively to close confinement in Leon, Chinendega, and El Viejo, but no new arrests or banishments have taken place.

The constituent assembly has continued its sessions and has spent the last four days in rather heated debate on the articles of the new constitution relating to the rights of foreign residents in this Republic. I beg to send you inclosed a copy and translation of the articles which were finally adopted on the 31st ultimo.

Article 12 created the greatest amount of discussion and was finally approved yesterday by a vote of 15 to 14.

Considerable excitement has prevailed among the foreign residents of this city on account of the new measures taken, and much irritation has been felt by them at their intended subjection to the extraordinary taxes, as well as to the provisions of the above-mentioned articles 10 and 12.

But I have not felt called upon to take any official notice of the action taken by the assembly. I have had, however, two personal interviews with President Zelaya, during which the question came up. One of them has been reported in my dispatch No. 121; the other I had yesterday morning, a short while before article 12 was definitely approvel.

In the latter, President Zelaya and Vice-President Ortiz both assurel me that while a number of members wanted to place the provision mentioned in the new constitution, on account of former instances in which foreigners had made unjust claims, the more enlightened element thought it might prove a menace or hindrance to immigration, and they both believed there would be ultimately a majority against the article. In this, however, they were mistaken, as the same morning it passed the assembly with a majority of one vote.

I am still in the hope that, before the constitution will be adopted as a whole, some changes may be made to the articles in question. I beg, etc.,

LEWIS BAKER.

(Inclosure 1 in No. 132.— Translation.] Articles relating to foreigners in the new constitution of Nicaragua, noro under discussion.

NOVEMBER 1, 1893. ART. 9. Foreigners shall enjoy in Nicaragua all the civil rights of Nicaraguans.

ART. 10. They may acqnire all kinds of property in the country, but they shall be subject, in regard to this property, to all ordinary and extraordinary charges to which FR 94-28

433

« 이전계속 »