Mr. Seward to Mr.
Dix
No. 88]
Department of State, Washington, July 3, 1867.
Sir: The Alacran Mining Company, a corporation
organized under the laws of the State of California, and prosecuting the
business of mining at the San Pablo mine, in the district of Panuco,
state of Sinaloa, in Mexico, has asked the interposition of this
government to obtain from that of France indemnity for certain damages
sustained in the manner now to be stated. On the 29th of September,
1865, an agent of the company despatched a train of ten mules, under the
charge of one Haywood Judson, to the port of Mazatlan, for the purpose
of transporting hence to their works at the mine certain machinery and
material required for use there. On the 30th of September, 1865, the
mules were forcibly taken from Haywood Judson by the order of General
Baron Aymard, commanding the French forces at Mazatlan, were loaded with
stores and material for the French troops and taken to Mazatlan. On the
7th of October of the same year Mr. Thannhauser, in behalf of the
company, made a written application to General Aymard for the
restoration of the mules. In reply a letter was written by the general
chief of staff, of which a copy is herewith enclosed. The mules have
never been restored, and the company claim their value and that of their
furniture, which is estimated at $800.
The company being in pressing want of the machinery and materials at
Mazatlan, their agent at that place hired another train of mules and
despatched them laden with the property towards their mine. This train
had proceeded but a short distance from the city on the 3d of October,
1865, when it was arrested by the French authorities at a point on the
highway known as Palos Pintas. The mules were seized and the machinery
rudely thrown by the way-side. For the damage thus done to the machinery
and for the loss of a portion of the lumber carried by the mules and
damages to the residue the company claims the sum of $600. It also
claims $14,700 for losses sustained and expenses incurred in delaying
the operations of its mine and mill, being at the rate of $150 per day
for 98 days, from September 29, 1865, when the mules belonging to the
company were seized, to January 6, 1866, which was the earliest day at
which it was possible to replace them by the purchase of fresh
animals.
You will present this claim to the French government, with a request that
it will make any necessary inquiries concerning the same, with a view to
ultimate action thereupon.
I am, sir, your obedient servant,
John A. Dix, Esq., &c., &c., &c.
[Translation.]
Mazatlan,
October 7, 1865.
General: Three or four days ago there were
taken from a certain Haywood Judson, a subject of the United States
of America and employé of the mine of “Alacran,” 21 mules. These
mules belong to a company of American miners of Copala.
On applying for them to the political prefect I received the advice
to apply to you.
[Page 254]
I have been refused the honor to present myself personally before
you, and I therefore take the liberty to address these lines to your
consideration.
Being commissioner for the said company, I beg of you to be pleased
to allow Mr. Judson to pass with the mules, especially because the
articles which he is to bring consist principally of machinery,
&c., indispensable for the working of the mine.
I trust, general, you will be pleased to address me an answer, be it
to direct me to appear before you, or whether to address me the
reply in writing.
Be pleased to receive, general, my respectful greetings.
General Baron Aymart, Superior Commander, Present.
Mazatlan, October 7,
1865.
Mr. Prefect: Mr. Thannhauser addressed to
you a claim on the subject of the mules belonging to one Haywood,
and you told him to present himself before me.
The claimant did not present himself, but has written to the general
to ask him to allow to pass out the mules in question. As I do not
know the whereabouts of Mr. Thannhauser I cannot let him know the
decision of the general.
I have therefore the honor to beg of you to cause him to be informed
that the army having need for a great number of mules for a military
operation, those which form the subject of this claim will be
detained like others, and the proprietor will be paid as customary
for the number of days during which they continue in the service of
the army.
Receive, I pray you, Mr. Prefect, the expression of my entire
devotion.
MAURAND, The Chief of Staff.
To the Superior Political Prefect, Mazatlan.
Mazatlan, November 17,
1865.
The secretary of the superior political prefecture of the department
of Mazatlan certifies that the foregoing is an exact copy of the
original.
JOSÉ LANCASTER JONES, The Secretary
General,
Mazatlan, October 9,
1865.
According to the orders given by General Baron Aymart, the said
mules, belonging to Mr. J. L. Burtis, will be detained until further
orders. They will be returned to him as soon as the circumstances
will permit it. I do not hold myself in any way responsible for the
mules.
BÉLIBEN, Captain, Under Military
Intendant.
