Case of the American, A.K. Cutting: Latest Notes Exchanged Between the Legation of the United States of America and the Minister of Foreign Relations of the Republic of Mexico

Front Cover
Judd and Detweiler, Printers, 1888 - Criminal jurisdiction - 69 pages
 

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

Page 14 - In prosecutions for the publication of papers investigating the official conduct of officers, or men, in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Page 57 - Acts punishable under foreign law. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared.
Page 11 - ... pretension, any assertion of it must rest, as an exception to the rule, either upon the general concurrence of nations or upon express conventions. Such a concurrence in respect to the claim made in Article 186 of the Mexican penal code can not be found in the legislation of the present day. Though formerly asserted by a number of minor states, it has now been generally abandoned, and may be regarded as almost obsolete. The only assertion I have found in the legislation of Europe of a general...
Page 5 - 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. To assist this good work all grounds of apprehension for the security of person and property should...
Page 18 - Among these sanctions are the right of having the facts on which the charge of guilt was made examined by an impartial court, the explanation to the accused of these facts, the opportunity granted to him of counsel, such delay as is necessary to prepare his case, permission in all cases not capital to go at large on...
Page 57 - A person who commits an act without this state which affects persons or property within this state, or the public health, morals, or decency of this state, and which, if committed within this state, would be a crime, is punishable as if the act were committed within this state.
Page 5 - 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.
Page 8 - Norte) and in the interior of the Republic, it having been read by more than three persons, for which reason an order had been issued to seize the copies which were still in the office of the said Cutting.
Page 50 - If a foreign sovereign has exclusive jurisdiction over his own subjects, then we cannot, under any circumstances, punish the subjects of a foreign sovereign. But this no one, even among the sturdiest advocates of the personal theory, pretends. It is conceded on all sides that the moment a foreigner sets foot on our shores, we hold him liable to our penal system in all its details.
Page 10 - ... Law would be but the shadow of a name and would afford no protection either to states or to individuals. It has been constantly maintained and also admitted by the government of the United States that a government cannot appeal to its municipal regulations as an answer to demands for the fulfillment of international duties. Such regulations may either exceed or fall short of the requirements of International Law, and in either case that law furnishes the test of the nation's liability and not...

Bibliographic information