A recent case has served to test the application of its IVth Article,
which provides that neither party shall be bound to deliver up its own
citizens, but that the executive authority of each shall have the power
to deliver them up if in its discretion it be deemed proper to do so.
The extradition of Mrs. Mattie Rich, a citizen of the United
States, charged with homicide committed in Mexico, was after mature
consideration directed by me in the conviction that the ends of justice
would be thereby subserved. Similar action, on appropriate occasion,
by the Mexican Executive will not only tend to accomplish the desire
of both Governments that grave crimes go not unpunished, but also to
repress lawlessness along the border of the two countries. The new
treaty stipulates that neither Government shall assume jurisdiction in
the punishment of crimes committed exclusively within the territory of
the other. This will obviate in future the embarrassing controversies
which have heretofore arisen through Mexico's assertion of a claim to
try and punish an American citizen for an offense committed within the
jurisdiction of the United States.
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