Mr. Seward to Mr.
Dayton
No. 693.]
Department of State,
Washington,
October 31, 1864.
Sir: I en close herewith a copy of a despatch
of the 5th of October, and of its accompanying protest, from Lewis S.
Ely, esq., our consul at Acapulco, relative to the seizure of the United
States mail bag at that place, by order of the
[Page 169]
commandant of the French forces there, who it
appears, instructed the vice-consul of France to break the seal and take
possession of the contents of said bag, which was done while in transit
from the American steamer Golden City to the office of Mr. Ely. You will
at once make known the facts of the case to the French government and
ask that an explanation may be given of this unusual proceeding.
I am, sir, your obedient servant,
William L. Dayton, Esq., &c., &c., &c.
Mr. Ely to Mr. Seward
Consulate United States of
America,
Acapulco,
October 5, 1864.
Sir: I have the honor to inform you that on
the 30th day of September, A. D. 1864, the commandant of the French
forces in Acapulco ordered the vice-consul of the French to seize
the United States mail bag and to break the seal and take charge of
the contents.
The bag was taken while in transit from American steamer Golden City
to my office. Had the commandant required the mail matter, after I
had opened the bag and found a public mail therein, I should have
given it to him without protest, notwithstanding I am acting under
an arrangement between the French consul and our consul at Panama,
which was that I should open all mails coming into Acapulco and
distribute and forward to address, which arrangement has not been
disturbed until this sudden seizure of our mail bag and the seal
violated. Hence I deemed it my duty to protest against the
proceedings.
No plea of contraband matter or anything improper passing through the
mails was set up, but an assumed arbitrary power was exercised in
demolishing the sacredness of a government seal for civil
purposes.
I have the honor to be, sir, your very obedient servant,
LEWIS S. ELY, United States
Consul.
Hon. William H. Seward, Secretary of State, Washington.
Mr. Ely to the French Commandant
Consulate United States of
America,
Acapulco,
October 1, 1864.
Sir: I am informed, officially, that it was
by your order that the United States mail, addressed under seal to
the United States consul at Acapulco, was seized on the 30th day of
September, A. D. 1864, the seal broken, and
the contents removed beyond my reach.
As the land and naval forces of his Majesty the Emperor of the French
here have no post roads or post routes, and as they perform no
established postal service, and as the seizure of the United States
mail was not done under cover of military surveillance, but by a
civil officer of the French government, acting under your orders;
and, more especially, as this mail service is performed by the
United States of America, and the mails being forwarded to their
legally constituted agent here, it becomes my duty to protest, in the name of my
[Page 170]
government and in this solemn manner,
against the seizure, and against all and every person or persons
whom it doth or may concern.
Given under my hand and the seal of this consulate the day and year
above written.[l.
s.]
LEWIS S. ELY, United States
Consul.
The Commandant
of the Land Forces of his Majesty the Emperor
of the French in Acapulco.
