Mr. Seward to Mr. Dayton
No. 693.]
Department of State, Washington,
October 31, 1864.
Sir: I enclose 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
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.
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 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.
[Page 778]
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 government, and
in this solemn manner, against the seizure, and against all and
every person or persons whom it doth or may concern.
[l.s] Given under my hand and the seal
of this consulate the day and year above written.
LEWIS S. ELY, United States
Consul.
The Commandant of the Land Forces of
Ms Majesty the Emperor of the French in Acapulco.
