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As Mr. Rankin proceeds direct to Muzquiz in order to save time, I would earnestly request that your excellency be kind enough to recommend the governor of Coahuila to deliver to Mr. Rankin the prisoners on presentation of the proper documents. I take, etc.,

H. REMSEN WHITEHOUSE.

[Inclosure 2 in No. 178.-Translation.]

Mr. Mariscal to Mr. Whitehouse.

DEPARTMENT OF FOREIGN AFFAIRS,
Mexico, October 31, 1888.

Mr. CHARGÉ D'AFFAIRES: I have the honor to reply to your esteemed note of even date, relative to the extradition of Gulie Shields and Isaac Wilson, advising you, as you may see by the documents relative to the case on file in your legation, that as yet the extradition of these parties has not been formally requested, as Hon. E. S. Bragg offered to do in his note of July 22 last.

As soon as this is done, in accordance with the treaty of December 11, 1861, the respective papers will be passed upon by this department, and if extradition proceedings follow the delivery of the prisoners to Marshal Rankin shall be ordered.

I reiterate, etc.,

No. 817.

IGNACIO MARISCAL.

No. 158.]

Mr. Adee to Mr. Whitehouse.

DEPARTMENT OF STATE, Washington, November 6, 1888. SIR: I have received your dispatch No. 175, of the 29th ultimo, relative to the case of Shields and Wilson, whose extradition has been demanded, and have transmitted a copy of the same to the Attorney-Geueral for his further information.

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SIR: I have received Mr. Bragg's No. 163, of the 15th ultimo, touching the case of B. C. Work.

The statements contained in Mr. Work's affidavit before the court at Tamaulipas, as now shown by Mr. Bragg's dispatch, are so entirely at Variance with the representations heretofore made to this Department as to render those representations inadmissible as ground for further action on the part of this Government.

A copy of Mr. Bragg's dispatch has been forwarded to the consulgeneral at Matamoros, from whom the complaint originally came, with a statement in consonance with the second paragraph hereof.

I am, etc.,

T. F. BAYARD.

No. 182.]

No. 819.

Mr. Whitehouse to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Mexico, November 12, 1888. (Received November 20.) SIR: Late on the 10th instant I received your telegram of same date, which reads as follows:

Formally request extradition Shields and Wilson.

Although I was not in possession of any of the papers usually required in making such formal requests, and was informed of nothing further in the case since I reported my action in my No. 178, of November 1 last, I at once drafted a note to Mr. Mariscal, making as formal a request as I could under the circumstances, and myself handed it to the minister, giving him verbally the necessary explanations.

I explained to Mr. Mariscal that according to the best of my belief the crime for which Shields and Wilson had been arrested had been committed in a border State, and as they were also in jail in a border State, article 2 of the treaty of 1861 seemed to apply to their case, and the extradition ought consequently to be effected between governor and governor or commissioners without difficulty, unless complications with which I was unacquainted had arisen.

Mr. Mariscal promised me that he would telegraph immediately to the governor of Coahuila, asking him if application for extradition had been made to him, and directing him to act (when such application was made) in accordance with the treaty stipulations. He also promised me to inform me as soon as an answer arrived.

Since my last dispatch (No. 178, of the 1st instant), in which I in formed you of the telegram received from Marshal Rankin, from San Antonio, Texas, stating that he would be in Muzquiz "in four days,' and of my communication to Señor Mariscal, I have had nothing further concerning the case, and had supposed he (Rankin) had been able to secure the prisoners without further trouble.

It would appear strange that if Rankin had any difficulty in convincing the governor of Coahuila as to his right to take possession of the prisoners that he did not communicate the fact to this legation, or that the Mexican Government should have received no intimation of such a difficulty, as Señor Mariscal assured me was the case.

At present I am at a loss to understand whether your telegram of the 10th was suggested by the receipt of my No. 178, or owing to some to me as yet unknown complication in the case.

Up to the moment of mailing this dispatch I have heard nothing from Mr. Mariscal.

Trusting that I shall be considered to have acted in full conformity with your wishes and intentions in the matter,

I am, etc.,

H. REMSEN WHITEHOUSE.

[Inclosure in No. 182.]

Mr. Whitehouse to Mr. Mariscal.

LEGATION OF THE UNITED STATES,
Mexico, November 10, 1888.

SIR: I am in receipt of a telegram from the Secretary of State instructing me to formally request from your excellency's Government the extradition of the prisoners Shields and Wilson, at present held by the courtesy of the Mexican Government in jail at Muzquiz.

As your excellency is aware, these men are accused of murder committed in the United States.

The United States marshal, Mr. Rankin, duly authorized by the Attorney-General of the United States, to receive and escort these men, is at present in Muzquiz, and I would again earnestly request of your excellency that, on the presentation of his official papers to the governor of Coahuila, the marshal may be allowed to take possession of the prisoners.

I have, etc.

No. 162.]

H. REMSEN WHITEHOUSE.

No. 820.

Mr. Bayard to Mr. Whitehouse.

DEPARTMENT OF STATE,

Washington, November 13, 1888.

SIR: In reply to your dispatch No. 178, of the 1st instant, I telegraphed you on the 10th instant to formally request the extradition of Shields and Wilson.

I am, etc.,

No. 821.

T. F. BAYARD.

No. 167.]

Mr. Rives to Mr. Whitehouse.

DEPARTMENT OF STATE,
Washington, November 15, 1888.

SIR: I herewith confirm my telegram to you of the 14th instant, as follows:

Mayor of El Paso telegraphs that the Mexican Government is constructing a dam entirely across the Rio Grande opposite to and partly within El Paso City, part of dam being on dry land in Texas.

Such work would be evidently violative of Article III, convention 1884, and invasive of territorial sovereignty. We learn work has been suspended to permit investigation. We propose to send competent Federal engineer officers to make impartial examination. Suggest that Mexico do the same, and that there may be friendly cooperation.

In this connection I add a copy of my letter to the Secretary of War, of the 14th instant,* asking, in view of all the circumstances, the detail of a competent officer of the Engineer Corps to examine the projected dam and make full report thereon; also a copy of a note from the Mexican minister here, of the 12th instant, accompanied by extracts from an unofficial letter from Señor Ignacio Garfias, engineer in charge of the construction of the work in question.

Governor Ross's letter of November 10, instant, upon which my telegram to you of the 14th instant was founded, as well as my letter to the Secretary of War of that date, gave the entire text of Mayor Lightbody's telegram, and simply requested "that the General Government take such action as may be necessary in the premises."

*Not published herewith.

I send this correspondence merely for your information, not doubting that upon the receipt of my telegram of yesterday you immediately brought the complaint in question to the attention of Mr. Mariscal and urged upon him the necessity of having a full and impartial investigation and report made of the work of Señor Garfias by a competent Mexican federal officer, in the same manner as this Government proposed to do, by employing a United States officer to visit El Paso for that purpose, as the surest and best means of determining whether the building of the projected dam or dams conflicts with the international rights of this Government at that point.

I have just received with satisfaction your telegram of this morning, as follows:

Mexican Government willing co-operate Rio Grande. Romero telegraphed yesterday to confer with you on subject.

You will be advised by telegraph of the name of the officer appointed to conduct the examination on our part, and the probable date of his arrival at El Paso, with a view to obtaining for him all proper facilities for the execution of his task.

I am, etc.,

No. 822.

G. L. RIVES,

Acting Secretary.

No. 187.]

Mr. Whitehouse to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Mexico, November 15, 1888. (Received November 23.) SIR: Yesterday afternoon I received your telegram of same date relative to the dams at El Paso.

On receipt of this telegram I went at once to see Señor Mariscal, and, in order to save tiresome delays inevitable with formal notes, I handed him at the close of our conversation an abstract of your telegram.

Mr. Mariscal assured me that the action of the Mexican engineer in charge of the work in voluntarily suspending it when he found that discontent was felt on the American side had been approved by the ministry of public works; but he insisted that the American authorities were in error when they stated that a "dam" was being built, as the works were merely breakwaters or wing-dams to protect the Mexican banks from being washed away by the stream.

I remarked to Mr. Mariscal that even these "wing-dams" or "break. waters" might be very detrimental to our side of the river, as they would almost of necessity cause on the left bank the very damage they were constructed to prevent on the right.

Although Mr. Connery addressed a note to Mr. Mariscal concerning these wing-dams on February 24 last, this legation has never received any answer to his note. I therefore requested Señor Mariscal to furnish me with the data in his possession, in order that I might become conversant with the Mexican side of the question, and this he promised to do.

When I asked if the Mexican Government was inclined to send impartial engineers to co-operate with our own in endeavoring to reach a

satisfactory and neighborly solution of the difficulty, I was assured that such action would fully coincide with the views of the Mexican Government.

Furthermore, Mr. Mariscal informed me that he had already telegraphed Señor Romero to confer with you on the matter.

Consequently I sent you this morning a telegram, stating that the Mexican Government is willing to co-operate with the United States in regard to the Rio Grande dams, and that Mr. Romero had been directed by telegraph yesterday to confer with you on the subject.

On receipt of Mr. Mariscal's promised note of data I will at once furnish the Department with a copy.

I am, etc.,

H. REMSEN WHITEHOUSE.

[Inclosure in No. 187.]

Memorandum left with Mr. Mariscal by Mr. Whitehouse.

NOVEMBER 14, 1888.

This legation is advised by telegram from Mr. Bayard that the mayor of El Paso has informed the Department of State that the Mexican Government is constructing a dam entirely across the Rio Grande opposite to and partly within El Paso City, part of dam being on dry land in Texas. Such work is evidently in violation of Article III of convention of 1884, and invasive of territorial sovereignty. It is understood the work has been suspended to permit investigation. It is proposed by the United States Government to send competent engineer officers to make examination, and it is hoped the Mexican Government will do the same, and that there may be friendly co-operation.

No. 188.]

No. 823.

Mr. Whitehouse to Mr. Bayard.

LEGATION OF THE UNITED STATES,

Mexico, November 16, 1888. (Received November 24.) SIR: I have the honor to refer you to my dispatch No. 182, of the 12th instant, in reply to your telegram of the 10th, asking that a formal request for the extradition of Shields and Wilson be made of the Mexican Government.

I spoke with Señor Mariscal concerning his promise to telegraph the governor of Coahuila about the matter, and he read me a telegram, in which the governor states that no request for extradition has been made to him.

I therefore sent you yesterday a telegram to that effect.
I am, etc.,

H. REMSEN WHITEHOUSE.

[Inclosure in No. 188.-Translation.]

Mr. Mariscal to Mr. Whitehouse.

DEPARTMENT OF FOREIGN AFFAIRS,
Mexico, November 15, 1888.

Mr. CHARGÉ D'AFFAIRES: In a telegram dated yesterday the governor of the State of Coahuila informs me :

"I delayed replying to your telegram of the 10th instant in order to secure neces

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