the purpose of cutting wood, and that there was no evidence of any hostile feeling between him and the engineer, and no reason to believe that the latter intentionally committed the homicide in question; whereas it appears that the death of Cornelio Rivera was accidental, and that it took place under circumstances furnishing no evidence of guilty intent; and whereas the judge of the ordinary court was fully competent to hold the preliminary proceedings in this case, since his action has been approved by the district judge; and whereas the accused was released on bail, and although he was afterwards sought for by the police this was owing to the fact that his bondsman had withdrawn the bail which he had furnished; whereas, finally, no evidence of the commission of a crime having been shown, it was proper for proceedings in this case to be discontinued; now, therefore, in view of article 18 of the constitution, and of act 26, title 1, page 7, the decision pronounced in this case by the lower court, ordering a discontinuance of proceedings in this case, should be, and hereby is affirmed. Let notice hereof be given, and let the papers relating to this case be laid before the supreme court of justice of the Union, for the proper legal effects. So ordered and signed by the citizen judge of this circuit. We certify: J. Jacobo Rojas (flourish); Carlos Castro, witness in attendance (flourish); Jesus Oviedo, witness in attendance (flourish). I certify that the foregoing is a true copy. (Signed) J. Jacobo Rojas, Chihuahua, December 21, 1887. Carlos Castro, witness in attendance, Jesus Oviedo, witness in attendance. SIR Referring to a correspondence lately had with you in respect to the quarantine of ninety days declared by the authorities of the Territory of Arizona against the importation of cattle from Mexico, and especially to my note of the 7th ultimo, informing you that the order in question had been suspended owing to questions affecting its constitutionality, I have now the honor to communicate to you, for your information, copy of an extract from a report made to the governor of Arizona Territory by the chairman of the Territorial Live-Stock Sanitary Commission, and transmitted hither with a letter from the Acting Secretary of the Interior, dated the 4th instant. This report has been laid before the Department to illustrate the condition existing in Mexico which seemed to require the adoption of measures to prevent the introduction of contagious disease through the unrestricted importation of cattle from that country. You will observe that the measure originated in the absence of all sanitary preventives of the importation of diseased cattle from other countries to Mexico, whence they or cattle contaminated by contact with them might readily come to the United States, and that at the same time a like quarantine was declared against the State of Missouri, where the preventive sanitary regulations were deemed to be defective and insufficient to insure complete protection. This fact seems to abundantly show that no discrimination against Mexico, such as your correspondence suggested, could have been intended. When, as now, great disquietude exists among cattle-growers throughout the United States, owing to the prevalence of deadly contagious dis eases of live-stock in many countries which maintain frequent and rapid steam communication with the countries of the American continent, requiring the importation of contagion to be guarded against in every way, even to the extent of impeding the free relations of exchange between the several States by the adoption of constitutional sanitary measures, it would be reassuring to know that Mexico, a coterminous country, had adopted and enforced adequate steps to prevent the importation of diseased cattle from abroad, and to discover and eradicate contagion where it may exist in Mexico. Accept, etc., T. F. BAYARD. [Inclosure.] Mr. Bruce to Mr. Zulick. [Extract.] PRESCOTT, ARIZONA, December 13, 1887. SIR: I have the honor to acknowledge the receipt of your communication of the 9th instant, requesting me to state to you, owing to complaints made by the Mexican Government to the Secretary of State, at Washington, the conditions which existed in Mexico that compelled the commission at its last meeting to require you to issue a proclamation placing in quarantine for ninety days all cattle that were being imported into Arizona from that country. The conditions, which I shall gladly explain to you, are these: At a conference of the commission, in August last, the veterinary surgeon of the Territory submitted to it a verbal report of the ravages of pleuro-pneumonia among cattle on the continent of Europe, in the Dominion of Canada, and in the United States. After a proper consideration of this report, it was decided by the commission that it was not only necessary to enforce stringent regulations in regard to importations of cattle into Arizona from States and countries where pleuro-pneumonia among cattle was declared to exist, but also from those States and Territories and countries which were exporting cattle to Arizona and had provided no sanitary regulations for the protection of their live-stock interests against this dread disease. Among the latter class it was discovered that the State of Missouri had insufficient sanitary regulations, and the Republic of Mexico, from all information received, possessed none at all. You were therefore requested by the commission to quarantine the Territory, not only against the State of Missouri, but also against the Republic of Mexico. In making complaint is it possible that the latter country expects that the Territory, to avoid a scourge that would annihilate onethird of its taxable values, would discriminate against the State of Missouri, that had only partially failed to adopt proper sanitary measures, and place no restrictions on importations of cattle from a foreign nation which has no live-stock sanitary regulations whatever? Without such restrictions, what is to keep cattle from being imported into Mexico from even the State of Missouri, and then brought back and turned loose at the will of the owner, within the borders of Arizona? What is to prevent, under such conditions, pleuro-pneumonia from being introduced into Mexico from some infected district on this continent or the continent of Europe, and thence being conveyed through the channels of its exports into Arizona? Finally, for what purpose are restrictions exercised at all in one direction, where they are needed, when cattle can be imported without surveillance in another direction, where health restrictions are still more needed? Such were the questions that arose for the consideration of the commission, and thus Mexico was quarantined, not because we had positive knowledge that contagious disease now actually exists there, but because it is liable to become infested with it at any time from lack of sanitary regulations, to be imported thence into Arizona at will, and be duly transmitted to the herds of the Territory to their destruction. It is the purpose of the Commission, although this quarantine has been temporarily suspended because the section of the act of the legislature under which it was authorized has been declared in conflict with certain Federal statutes, and is therefore unconstitutional, to lay the extreme peril which now threatens Arizona cattle interests in the direction of Mexico before the Federal Government and to claim relief at its hands. The Commission at its present meeting will ask you to co-operate with it, to achieve the protection that is needed, and hope we may have your official aid. With expressions of personal and official regard, I am, etc., C. M. BRUCE, No. 846. Mr. Romero to Mr. Bayard. [Translation.] MEXICAN LEGATION, Washington, January 7, 1888. (Received January 9.) Mr. SECRETARY: The agents of the International Company of Mexico, established at Hartford, addressed to me on the 12th of December last a statement setting forth that the steamer Monserrat, designed to run under the Mexican flag between the port of San Diego, California, and the ports of Guatemala on the Pacific, and intermediate ports, was detained by the customs authorities of San Diego, in September last, on account of the want of papers, and was sentenced to pay additional tonnage duty, in conformity to sections 4219 and 4225 of the Revised Statutes of the United States, of $1 per ton, which amounted to $849. It was stated to me, further, that this vessel had been bought last June, at Cette, France, by the said company, intended for the service aforesaid, and that it had sailed from Cardiff, Wales, under a provisional commission certified by the Mexican consul at Cardiff; that on approaching Salina Cruz, on the Mexican Pacific coast, on the way to San Diego, the papers were lost through the upsetting of a small boat to which they had been transferred; for which reason I was solicited to address your Department to make known that the steamer in question was Mexican, in order that the sum paid as additional tonnage duty might be returned. Not having official data to assure myself of the correctness of the preceding informa tion, I sent the statement referred to to my Government, and to-day I have received instructions from Señor Mariscal, dated City of Mexico, the 27th of December last, in which he tells me that having consulted the department of war and navy of Mexico with regard to this matter, it appears that the Monserrat had the right to sail under the Mexican flag; that the loss of her papers was really accidental, and that orders had been given to the Mexican marine authorities to replace them in due form. MEXICAN LEGATION, Mr. SECRETARY: I have had the honor to receive your note of the 6th instant, and the accompanying copy of extracts from the report addressed on the 13th of December last to the governor of the Territory of Arizona by Mr. C. M. Bruce, president of the Cattle Sanitary Commission of the Territory, with reference to the quarantine of ninety days decreed against Mexican cattle. In your said note, as well as in the report of Mr. Bruce, it is indicated that the quarantine was not decreed against Mexican cattle only, and that it was decided on principally because it was believed that there were no regulations in Mexico to prevent the importation of cattle in fected with contagious diseases, and because pleuro-pneumonia being prevalent in Europe and in different countries of America, and it being possible to import, without any restriction whatever, foreign cattle into Mexico, and from Mexico into Arizona, it was thought that there was on this account great danger to the cattle of that Territory. I now communicate to the Mexican Government copy of your note, for its information, and in order that, by reason of it, it can determine what it may deem proper in this matter; and I do not doubt that if the observations of the cattle sanitary commission of Arizona have any foundation, my Government will adopt measures adequate to protect the interests of Mexican cattle, and to prevent its infection with contagious diseases through the importation of foreign cattle. But I think proper to inform you here that Mexico being a country very productive in cattle, and this article having there a low valuation, Mexico far from being an importer is an exporter of cattle. The only foreign cattle imported into Mexico are very choice breeds of high price, to improve the native cattle, and their purchase and importation are made under conditions that guaranty against all danger of contagion. Besides, Mexican cattle have not hitherto been infected with any contagious disease. Accept, etc., M. ROMERO. No. 848. Mr. Bayard to Mr. Romero. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 7th instant, concerning the fine imposed by the customs authorities at San Diego, California, upon the Mexican vessel Monserrat, on account of a defect in her papers, stated to have been duly authenticated, but accidentally lost by the capsizing of a small boat to which they had been transferred. In reply I desire to say that a copy of your note has been sent to the Secretary of the Treasury for the consideration of his Department. Accept, etc., No. 849. T. F. BAYARD. Mr. Bayard to Mr. Romero. DEPARTMENT OF STATE, SIR: In connection with previous correspondence, and in reply to your note of the 9th instant, wherein you say that Mexican cattle have not hitherto been infected with any contagious disease, I have the honor to request that I may be advised of the system of sanitary inspection and control exercised by the Mexican Government with reference to its native cattle as well as with those imported from any quarter, including the several States and Territories of the United States, As the regulation of this matter of cattle quarantine is under the several governments of the Union, and as the precautionary measures adopted by them are often necessarily operative against other States or Territories, it is desirable to be assured that the conditions of sanitary inspection and control in Mexico are such that local quarantine of this nature may not be evaded by mere transit from an infected locality through Mexican territory. The importance of this matter will, I am sure, commend itself to you, and I shall appreciate the favor of a report in relation thereto. Accept, etc., No. 850. T. F. BAYARD Mr. Bayard to Mr. Romero. DEPARTMENT OF STATE, SIR: I have the honor to invite attention to my note of the 11th instant, concerning your request for the refund of the sum of $849 levied by the collector of customs at San Diego upon the steamer Monserrat. It appears by a letter from the Secretary of the Treasury, dated the 14th instant, that the collection was made under the authority of the sections of the Revised Statutes which you recite, but without regard to the fact that marine documents were not produced at the time of the entry of the vessel, as is customary in such cases. It appears further that duties at the rate levied in the present instance are imposed by law upon the tonnage of all vessels not of the United States which may enter the ports of this country from any foreign port or place, provided no rights acquired by any foreign nation, under the laws and treaties of the United States, relative to the dues on tonnage of vessels, shall be impaired. Under the circumstances therefore the Secretary of the Treasury expresses regret that he perceives no just grounds for exempting the Monserrat from the payment of the duties in question or for refunding the same. Washington, January 26, 1888. (Received January 27.) Mr. SECRETARY: I have had the honor to receive your note of the 23d instant, in reply to mine of the 7th, in which I asked for the return of the sum of $849, or $1 per ton, which had been collected from the Mexican steamer Monserrat by the collector of customs at San Diego, California. Your note contains the substance of a communication addressed to |