Presidents -- United States -- Messages; United States -- Politics and government -- Sources
This jurisdiction was sustained by the courts of Mexico in the Cutting
case, and approved by the executive branch of that Government, upon the
authority of a Mexican statute. The appellate court in releasing Mr.
Cutting decided that the abandonment of the complaint by the Mexican
citizen aggrieved by the alleged crime (a libelous publication) removed the
basis of further prosecution, and also declared justice to have been
satisfied by the enforcement of a small part of the original sentence.
The admission of such a pretension would be attended with serious results,
invasive of the jurisdiction of this Government and highly dangerous to our
citizens in foreign lands. Therefore I have denied it and protested against
its attempted exercise as unwarranted by the principles of law and
international usages.
A sovereign has jurisdiction of offenses which take effect within his
territory, although concocted or commenced outside of it; but the right is
denied of any foreign sovereign to punish a citizen of the United States
for an offense consummated on our soil in violation of our laws, even
though the offense be against a subject or citizen of such sovereign. The
Mexican statute in question makes the claim broadly, and the principle, if
conceded, would create a dual responsibility in the citizen and lead to
inextricable confusion, destructive of that certainty in the law which is
an essential of liberty.
When citizens of the United States voluntarily go into a foreign country,
they must abide by the laws there in force, and will not be protected by
their own Government from the consequences of an offense against those laws
committed in such foreign country; but watchful care and interest of this
Government over its citizens are not relinquished because they have gone
abroad, and if charged with crime committed in the foreign land a fair and
open trial, conducted with decent regard for justice and humanity, will be
demanded for them. With less than that this Government will not be content
when the life or liberty of its citizens is at stake.
Whatever the degree to which extraterritorial criminal jurisdiction may
have been formerly allowed by consent and reciprocal agreement among
certain of the European States, no such doctrine or practice was ever known
to the laws of this country or of that from which our institutions have
mainly been derived.
In the case of Mexico there are reasons especially strong for perfect
harmony in the mutual exercise of jurisdiction. Nature has made us
irrevocably neighbors, and wisdom and kind feeling should make us friends.
The overflow of capital and enterprise from the United States is a potent
factor in assisting the development of the resources of Mexico and in
building up the prosperity of both countries.
Public-domain text, read in full here on John Shaqi.
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