No. 462.
Mr. Mariscal to Mr. Fish.

[Translation.]

Mr. Secretary: I have the honor to inclose to you a copy of a note addressed to me by the minister of foregn relations of my government, [Page 985] in which is inserted a communication from the governor of the State of Sonora relative to the entrance of several armed men from Arizona into Mexican territory, who apprehended a fugitive named J. Holmes within the limits of the said State.

In obedience to the instructions contained in said note, I beg leave to call your attention to the matter in question, and to express the hope that the Government of the United States will adopt suitable measures for its repression, (sic,) thus preventing the repetition of an abuse committed, perhaps, without any intention of outraging the Mexican nation, but which might at some time give rise to disagreeable consequences on the frontier, despite of the good understanding which happily exists between the governments of the two republics.

I am happy to renew, &c.,

IGNO. MARISCAL.
[Inclosure.—Translation.]

Mr. Lafragua to Mr. Mariscal.

The governor of the State of Sonora writes me under date of the 31st of May last as follows:

“By the documents, of which I have the honor to inclose copies to you, you will see that two Americans, named Joseph Phy and Thomas Hayes, having come from Arizona Territory, United States, entered the district called Del Altar, where they arrested by violence one Joseph Holmes, also an American, at a place called Galerita, within the limits of this State.

“The arrest took place on the 17th ultimo, at about 4 o’clock in the afternoon, in presence of an American named James Walters and two Mexicans, with the acquiescence of several other citizens, as appears from the investigation held, the original report of which is retained by this government for the purpose of having it completed for the necessary purposes as regards the guilt attributed to the said Mexicans. And although it thereby appears that Holmes tied before his captors from the Territory of Arizona and returned to the house of Walters, with whom he was serving in that district, the fact is that this arrest is, to all intents and purposes, an offense against our nationality, committed by citizens of the United States; and, in view thereof, I have recourse through you to the citizen President of the Republic for such determination as may be deemed proper for the prevention of similar abuses, and the results which might arise from the non-observance of our treaties.”

Which I transcribe to you, in order that you may be pleased to request the Government of the United States, to ask, in extradition cases, for the extradition of the fugitive, in accordance with the treaty, and to repress those who have violated the national territory.

I renew to you the expression of my sentiments of esteem and consideration.

LAFRAGUA.

The Citizen Minister of Mexico,
In the United States of America, Washington, D. C.

A copy:

José T. de Cuellar,
Secretary.