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1904, by which you were pleased to advise this office that the AttorneyGeneral had been asked to instruct all the extradition magistrates to acquaint your department with the decisions reached in every case, to enable your department to comply with this embassy's request, I have the honor again to ask that copies of the decisions under consideration be furnished to me hereafter.

I beg to inform you that the Department of Foreign Relations of my country has made it a constant practice to forward to the Ambassador of the United States at Mexico City a full copy of every decision of that Department in which the grounds for the decision in every extradition case are set forth and to publish in its monthly Bulletin every case thus decided. It is therefore earnestly hoped that, if there be no objection thereto, the department in your worthy charge will not hesitate about acceding to my Government's desire.

I further beg to draw your attention to the fact that the proposed practice would also serve an eminently useful purpose for both countries, as a perfect knowledge of the respective proceedings and decisions would help in establishing a uniform jurisprudence and remedying the defects of the law.

I renew, etc.,

ENRIQUE C. CREEL.

File No. 7291/1.

No. 141.]

The Secretary of State to the Mexican Ambassador.

DEPARTMENT OF STATE, Washington, December 3, 1907. EXCELLENCY: Referring to your note No. 73, of June 24 last, in which you renew the request of your Government that it be furnished with the decisions of the examining magistrates in all cases of extradition from the United States to Mexico, I have the honor to say that this department brought the matter to the attention of the Department of Justice, with a view to a compliance with the Mexican Government's request. The Acting Attorney-General has advised this department, in reply, that he has instructed the United States attorneys for the judicial districts of Texas, New Mexico, Arizona, and California to send to that department promptly after they shall have been promulgated a copy of the decisions of the judge or magistrate in all extradition proceedings pending or to be instituted in each of the above-mentioned districts. When received from the Department of Justice, a copy of these proceedings will be sent at once to your embassy.

Most of the cases of extradition from the United States to Mexico arise in the States above mentioned. With regard to the others, the Acting Attorney-General states that the Department of Justice will also be glad to secure, from time to time, and forward to the Department of State, a copy of the decisions made by the extradition magistrates in any of the other judicial districts of the United States. Such decisions will be transmitted to your embassy in due course.

Accept, etc.,

ELIHU ROOT.

RECIPROCAL AGREEMENT RELATIVE TO THE STATIONING OF COALING VESSELS IN THE WATERS OF MEXICO AND THE UNITED STATES.

File No. 4500.

No. 795.]

Chargé Coolidge to the Secretary of State.

AMERICAN EMBASSY, Mexico, November 19, 1907. SIR: Referring to my No. 781, of November 12, with regard to the stationing of coaling vessels at Magdalena Bay, I have the honor to inclose a copy of a note from the foreign office in reply to the offer of reciprocity and to confirm my telegram of the 18th thereon, as follows: "

I have, etc.,

JOHN GARDNER COOLIDGE.

[Inclosure. Translation.]

The Minister for Foreign Affairs of Mexico to Chargé Coolidge.

DEPARTMENT OF FOREIGN AFFAIRS,

Mexico, November 16, 1907.

Mr. CHARGÉ D'AFFAIRES: I have received your note, dated the 9th instant, in which you acknowledge the receipt of mine of the 4th, in which, acceding to the request of your Government, I advised you concerning that which Mexico considers reciprocity in regard to the permission for the stay of two coaling barges in Magdalena Bay, destined to supply the American squadron.

You have kindly expressed your acceptance of the understanding of the Mexican Government about reciprocity, as also that the American Government is disposed to grant permission to Mexican men of war and other vessels to anchor or take coal in American ports, and you close your note by saying that with reference to coaling, the laws of the United States permit the same to all foreign vessels, this being the practice constantly observed by the United States. The above assertion from you compels me to make an explanation, which I consider in every sense necessary.

In the same manner that the United States does, Mexico grants to all kinds of vessels in times of peace to anchor and take coal within Mexican waters, receiving them with the usual courtesy, permitting men of war to remain stationed in Mexican waters only during a short period of time, while the anchorage of the American coaling barges will be permanent during a period of three years, according to the communication relative to the matter addressed by the Executive to the Senate of Mexico, concerning which I had the honor to inform the embassy in my note of October 25 last.

Therefore, I beg you to kindly advise me if the intention of your Government regarding reciprocity for the supply of Mexican war vessels is that they can remain stationed in American waters during the same period of three years, or only during the time ordinarily granted to all other foreign vessels.

I consider your reply indispensable in order to act in accordance with the decision of the Senate, and I renew, etc.

IGNO. MARISCAL.

File No. 4500/41-42.

No. 843.]

Ambassador Thompson to the Secretary of State.

AMERICAN EMBASSY, Mexico, December 18, 1907.

SIR: Referring to my dispatch No. 837, of the 15th instant, I acknowledge the receipt of your telegram of yesterday's date on the

"Not printed.

85111-FR 1907-VOL 2- -17

subject of the reciprocal advantages required by Mexico contingent to granting permission for the American Government to station two coaling barges in Magdalena Bay, as follows: "

A copy of my note which was sent to the foreign office on receipt of of the above telegram is inclosed herewith. This note was addressed to Mr. Algara, subsecretary for foreign affairs, who is at present in charge of that department, Mr. Mariscal being ill and away from the city. I have, etc., D. E. THOMPSON.

[Inclosure.]

Ambassador Thompson to the Subsecretary for Foreign Affairs of Mexico.

AMERICAN EMBASSY, Mexico, December 17, 1907.

Mr. SUBSECRETARY: Referring to the note of your department of November 16, on the subject of the privilege desired by my Government of stationing coaling barges in Magdalena Bay, all of which was telegraphed to Washington by Mr. Coolidge:

I now have a telegram from Mr. Root in which he regrets deeply that action has not before been taken on this telegram, he having been under the impression that it had been acted upon until the receipt of my telegram of Saturday, the 14th instant.

I am instructed to say to the Government of Mexico that it is the intention of the American Government regarding reciprocity for the supply of Mexican war vessels, that they can remain stationed in American waters during the same period for which that privilege is accorded to the vessels of the United States in pursuance of our request.

In other words, the Government of the United States will grant to Mexico, in the event that such privileges are desired, the same that Mexico is asked to grant to the American Government in the way of privileges to American coaling vessels in Mexican waters.

The delay in answering your department's note of November 16, reported to Washington by telegraph, seems to have been caused by referring the matter to the Navy Department, where an unexpected delay occurred.

I avail, etc.,

D. E. THOMPSON.

DEPREDATIONS OF YAQUI INDIANS.

SMUGGLING OF ARMS AND AMMUNITION.

[Continuation of correspondence in Foreign Relations, 1906, p. 1134.] File No. 283/61-64.

No. 16.]

The Mexican Ambassador to the Secretary of State.

[Translation.]

EMBASSY OF MEXICO, Washington, March 13, 1907.

MOST EXCELLENT SIR: With reference to note No. 142, dated November 30, 1906, from the Department of State, respecting the suspension of the surveillance exercised by a detachment of armed

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forces to prevent, as far as possible, the smuggling of arms and ammunition for the Yaqui Indians and their agents, I am sorry to have to inform you that the smuggling has been resumed on the Arizona border, as may be seen from the copy of the official communications, from the Department of War, marked inclosures, and from the consul of Mexico at Tuscon, marked 2 and 3.o

This terrible war of the Yaqui Indians constitutes a constant danger and menace to the residents of Sonora, Mexicans and aliens, and has unfortunately made victims at the various times when the Indians rose in war-like mood.

The Government of Mexico is putting forth every effort to bring to an end this war of the savage against humanity and civilization and has accomplished much in late years, but there are still roving scattered parties of Indian rebels who do no harm when they lack arms, but turn into fanatical fighters as soon as they can procure them. As the sale of rifles, carbines, and pistols and cartridges for the same is prohibited by section 362 of the statutes of Arizona of 1901, and as, on the other hand, the Government of the United States has evidenced its readiness to prevent the clandestine exportation of arms and ammunition for the Yaqui Indians, thus assisting in the maintenance of the neutrality laws and taking from the foes of the lives of Mexicans and Americans residing in the State of Sonora the means of making war, I trust that in this instance the Government of the United States will, as heretofore, lend its very important and valuable cooperation.

In view of the precedents herein referred to, of the requirements of the law, and of the arrangements made in similar cases by the American Government, I permit myself to bring these facts to your excellency's knowledge to the end that you may be pleased to take such action as you may deem expedient.

Be pleased, etc.,

File No. 283/61-64.

ENRIQUE C. CREEL.

The Secretary of State to the Mexican Ambassador. No. 15.]

DEPARTMENT OF STATE, Washington, March 20, 1907.

EXCELLENCY: I have the honor to acknowledge the receipt of your note No. 16, of the 13th instant, stating that the smuggling of arms and ammunition from Arizona, for the use of the Yaqui Indians, has been resumed, and requesting the cooperation of this Government to put a stop thereto.

In reply I have the honor to inform you that copies of your note and of its inclosures have been sent to the governor of Arizona, the Secretaries of War, of the Treasury, and of Commerce and Labor, and to the Attorney-General, with the request that they again put into operation the precautionary measures employed by them last summer to prevent arms and ammunition from reaching these rebellious Indians.

Accept, etc.,

ELIHU ROOT.

a Not printed.

File No. 283/65.

The Acting Secretary of State to the Mexican Ambassador.

No. 26]

DEPARTMENT OF STATE, Washington, April 6, 1907. EXCELLENCY: Referring to the department's note No. 15, of the 20th ultimo, I have the honor to inform you that on the 23d ultimo the Secretary of the Interior requested the governor of Arizona to put again immediately into operation the precautionary measures that were employed by the authorities of Arizona last summer to prevent the smuggling of arms and ammunition into Mexico, for the use of the Yaqui Indians, and that the department is in receipt of a letter from the Secretary of the Treasury, in which he states that on the 23d ultimo he instructed the collector of customs at Nogales, Ariz., by telegraph, to renew his precautions against the smuggling of arms and ammunition into Mexico.

Accept, etc.,

ROBERT BACON.

File No. 283/71-72.

The Acting Secretary of State to the Mexican Ambassador.

DEPARTMENT OF STATE, Washington, April 10, 1907.

MY DEAR MR. AMBASSADOR: Referring to the department's note No. 26, of the 6th instant, I have now to inform you that the Secretary of the Interior has sent to this department a copy of a letter to him from the governor of Arizona, dated the 30th ultimo, in which the latter says that he has notified the Arizona Rangers and the sheriff's of the border counties to exercise the utmost diligence to detect and prevent the smuggling of firearms and ammunition to Mexico, for the use of the Yaqui Indians.

I am, etc.,

ROBERT BACON.

File No. 283/79-86.

The Secretary of State to the Mexican Ambassador. No. 35.]

DEPARTMENT OF STATE,
Washington, May 7, 1907.

EXCELLENCY: Referring to the department's note, No. 26, of the 6th ultimo, I have the honor to inclose herewith, for your information, a copy of a report dated the 23d ultimo, made by the governor of Arizona to the Secretary of the Interior, showing the measures taken by the former to prevent the smuggling of firearms and ammunition from that Territory into Mexico for the use of the Yaqui Indians.

Accept, etc.,

ELIHU ROOT.

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