Mr. Romero to Mr. Bayard.
Washington, December 8, 1888. (Received December 10.)
Mr. Secretary: I have the honor to acknowledge the receipt of your note of the 27th ultimo, wherein, referring to mine of the 26th, whereby, in pursuance of instructions received from my Government, I applied for the extradition of Rafael Treviño, a fugitive from Mexican justice, charged with the crime of embezzlement, who had taken refuge at Laredo, Texas, you were pleased to say: “When the formalities required by the extradition treaty between Mexico and the United States of December 11, 1861, and by the laws of the United States in extradition cases, shall have been fulfilled, an order for the surrender of the fugitive will be issued.”
The Mexican Government considers that, according to the stipulations of Article I of the extradition treaty between Mexico and the United States of December 11, 1861, it is only obliged to present, diplomatically, an application for extradition, together with the evidence of the commission of the crime, in the form provided by the treaty, and that, if the Executive of the United States desires that a judicial investigation of the case be held in order that he may be enabled to base his decision thereon he should apply to the proper courts, and not to the Government that asks the extradition.
Be pleased, etc.,