[Translation.]
Mr. Romero to Mr. Seward
Mexican Legation to the United States
of America,
Washington,
January 30, 1867.
My Dear Sir: Having seen that the
newspapers have spoken with some diversity about the detention to
which a quantity of Mexican dollars, taken on a United States
merchant vessel to Matamoros, were subjected, and about which some
action had been taken before the authorities of that port by the
Hon. Lewis D. Campbell, of which he has probably notified the
department, I think it proper to send you, unofficially, the annexed
copy of two communications addressed to me by General Berriozabal,
in which you will see what passed on the subject, and the happy
solution it had.
I remain, sir, your very respectful and obedient servant,
Hon. William H. Seward,
&c., &c., &c.
[Translation.]
Military Command of the Bravo Line, and
Northern District of Tamaulipas.
Mr. Minister: In consequence of the
proceedings of the judicial authority in a confiscation case, in
which Mr. McGaffey is interested, Mr. Lewis D. Campbell, the
United States minister, has taken some steps which I think
proper to explain to you.
The American schooner Mary Bertrand left Tampico for Brazos with
twenty thousand dollars. The vessel was wrecked by a storm on
the Mexican coast. The, custom-house officer boarded her and
demanded the documents necessary to show that the exportation
was legal. The certificate of clearance required by our laws not
having been produced, the twenty thousand dollars were seized,
and a suit for confiscation was instituted on account of
clandestine exportation.
General Sherman directed the American consul to state the case to
General Escobedo, and solicit a military order to have the money
that was seized returned to the person claiming it as owner.
However disposed General Escobedo might be to oblige General
Sherman, he had no power to suspend judicial proceedings, and
give a military decision to a case belonging solely to a civil
tribunal. It was insisted that the money should be given up,
unbonded, showing the exportation was made in good faith; that
the money, the proceeds of arms and ammunition sold to the
Tampico authorities, had been exported without paying duty,
according to stipulations in the contract; that the custom-house
had only given a permit, which was taken by the inspectors
stationed at the bar.
General Escobedo, without denying the justice of those
interested, stated that, according to the fiscal laws, every
vessel for foreign ports must have a clearance, and copies of
the policies or permits; these documents must prove that the
exportation was legal, and if the whole or part of a cargo is
left out the law presumes the export to be clandestine, and this
[Page 522]
presumption is
sufficient cause for proceedings in confiscation, to investigate
the character of the exportation; that the Mary Bertrand, when
wrecked by a storm on the Mexican coast, was within the
jurisdiction of the republic, and the officers of the revenue
had done their duty. Señor Escobedo added that he gave this
explanation to show that he was unprejudiced in the case; that
Mr. McGaffey should have sufficient time and protection to prove
his rights, and that the non-intervention of the military
authorities was to refrain from setting an example of opposition
to judicial authority, thus destroying by abuse of power the
chief security of the inhabitants of the republic.
Subsequently Mr. Plumb, secretary of the American legation,
applied to me for intervention of the military authorities in
favor of the claimants of the money. He insisted that, after the
vessel had left Tampico, it was no longer under Mexican
authority, and when wrecked on our shores it should be
considered as coming from sea, and not from Tampico, and was
not, therefore, obliged to exhibit its papers; that by treaties
all aid should be given to wrecked vessels, and it was a
violation of these agreements to institute proceedings for
confiscation, instead of tendering due succor. Though I had an
answer for those arguments, I refrained from giving it, and
merely said it was a case for the judicial authorities; I
believed it was the duty of the military authorities not to
interfere; the judicial authorities would give due consideration
to his argument, and Mr. Plumb might rest assured that the
owners of the money would have ample time and protection to
prove their rights.
From inquiries I have made, it appears that ample time has been
allowed the claimants of the money to prove the legality of the
exportation. As the custom-house stores were not secure, the
judge ordered the money to be given up, under bond, and as those
interested could not give it, though they wanted the military to
interfere, the money was consigned to the safe-keeping of a
merchant, who gave the requisite surety. You are aware that, if
the omission of the proper documents was the fault of the
Tampico revenue officers, they are responsible not only
officially, but also are liable to a suit for loss and
damages,
I protest to you my consideration and esteem.
Independence and liberty!
Matamoros, December 28,
1866
FELIPE B. BERRIOZABAL.
The Minister of the Mexican
Republic,
Near the Government of the United States,
Washington.
[Translation.]
Military Command of the Line of the
Bravo, and of the District of Northern Tamaulipas.
Mr. Minister: I had the honor to
communicate to you that an American vessel, called Mary
Bertrand, storm-driven, entered the territorial waters of the
republic, where she was visited by the revenue guard of the
port.
Said vessel was cleared at Tampico for Brazos, arid had on board
the sum of $20,000. The officers of the vessel being called upon
to exhibit the permit, which according to law ought to have been
issued, it was not shown, which omission caused the presumption
that a fraudulent exportation hal occurred, for which it was
necessary that such presumption should be removed by legal
investigation.
Mr. Minister Lewis D. Campbell made some private inquiries which
tended to an interference of military authority in the matter,
but I thought it my duty to abstain from such a step, to avoid
the sad consequences to which an attack on the independence of
the courts might lead.
But this abstention in no way interfered with legitimate rights,
and in consequence the parties interested had nothing to fear if
in their proceedings there was no fraudulent or clandestine
act.
In effect, the investigations being followed out in the regular
course, the district judge sought information from the customs
at Tampico, which declared that the exportation on which the
inquiry turned was made according to law, whereupon the
presumption disappeared, which arose from the want of the
permit.
The end of this affair, in securing lawful interests, has
occurred without violation of the independence of the courts,
the right which the American minister desired to secure by his
private action being thus assured, and the principle which
upholds the main guarantees of the inhabitants of the
republic.
Please accept the assurances of my consideration.
Independence and reform!
Matamoros, January 5,
1867.
FELIPE B. BERRIOZABAL.
Don Matias Romero,
Minuter Plenipotentiary, &c.,
Washington, D. C.
