No. 272.

Mr. Fish to Mr. Nelson

No. 123.]

Sir: Your dispatch No. 292, dated September 29, has been received.

The accountability of the Mexican government for the losses sustained by citizens of the United States from the robbery and exactions committed at Guaymas, in May last, by the armed force under the command of Fortino Viscaino, seems to be unquestionable. That person was a subordinate of Placido Vega, as appears by the orders of the latter to him, dated at Teacapan the 18th of May. Those orders directed Viscaino to proceed in the vessel (meaning the Forward) and perpetrate the very acts complained of. The orders were fulfilled. It is true that Mr. Sisson, the United States consular agent at Mazatlan, in his letter to you of the 13th of June, represents that since the evacuation of Mexico by the French the government of that republic had had no other authority in the canton of Tepic, where the expedition of the Forward was organized and whence it proceeded, than that connived at by one Manuel Lozada, of whom Placido Vega is supposed to have been an instrument. Mr. Sisson, however, acknowledges that the general government had appointed a collector and other officers in that quarter, but adds that they are creatures of Lozada. He also says that he had been informed by General Davalos, the commander at Mazatlan, and by Mr. Sessalveda, the inspector of the customs there, that the general government had directed that its troops must not invade the territory of Lozada. Whether this be a fact or not, that government, so long as it shall claim jurisdiction over that territory, must be held responsible for any injuries to citizens of the United States, there or elsewhere, by any force which may have proceeded from the same territory.

In times of peace redress for such injuries may, in the first instance at least, be sought through the judicial tribunals of the country where they may have been committed. When, however, they are silenced or overawed by the force of arms, it seems a mockery to be referred to them, especially if there should be any ground for the charge that the Mexican governmant has willfully connived at a defiance of its authority in the canton of Tepic.

You will, consequently, in a courteous way, make known to the minister for foreign affairs our views on this subject. The case will be taken into further consideration when the Department shall have received the reply which he may make.

I am, &c.,

HAMILTON FISH.