No. 329.
Mr. Foster to Mr. Evarts .

No. 611.]

Sir: I inclose to you herewith copy of a communication with its accompaniments received by me from Mr. L. H. Scott, appointed consul in Chihuahua, but not yet in possession of his exequatur, in reference to an examination which the governor of Chihuahua is making, by orders of the federal government, as to the treatment which American residents of that State have received from the Mexican authorities. Mr. Scott very correctly sets forth the embarrassments under which Americans labor in making a true and complete statement of their complaints.

I also transmit a copy of my reply to Mr. Scott’s letter, which, together with my previous dispatches to the Department in regard to the troubles in Chihuahua, gives my view of these matters.

I am, &c.,

JOHN W. FOSTER.
[Page 528]
[Inclosure 1 in No. 611.]

Mr. Scott to Mr. Foster.

Sir: I inclose you a copy of a document which Governor Angel Trias has served upon each of the resident Americans in this State, and I desire to give you some facts pertaining to the matter in question. The inclosed copy is taken from No. 132. How many more in number he may have served I cannot say, but this number will be sufficient to show the purpose.

There are in this State, as there are in almost every State along the border, quite a number of poor Americans, who have nothing in the world to lose in money matters, either by revolution or from other causes. It is clearly the intention of the present government to have these poor Americans testify that they have no cause to complain of the present administration, and that they have been treated no differently from other foreigners or Mexican citizens. Their affirmations will be true, but not one in ten of those signing such papers have a dollar to lose under any circumstances. They are too poor even for Mexicans to tax.

There are Americans here, however, who are in a far different condition, and to them alone should this document apply. I have been asked by several interested parties, those who have lost money by the present government, “What shall I say? I know I have been misused and badly treated; but is it not a trap they are setting for our own destruction?” I have told them all if you have any wrongs now is the time to speak of them, for if you do not our government will take it for granted that I have maliciously misrepresented the matter, and will censure me accordingly.

Mr. Henry Nordwald asked me if he had best make mention of the fact that on two occasions his store and dwelling had been invaded by an armed force, with a guard at his doors, and every nook and corner searched for arms, and what little they could find they carried away. I asked him if they had made an exception of him in their treatment, and his reply was that they had. I told him that unless he made a full complaint of all the wrongs he had specially received that he would not be doing his duty to our cause; that he had wrongs to have adjusted, and now was the proper time for him to speak. In the case of Henry Müller, who is at present at the mines, I am afraid he will not be able to answer Governor Trias. Mr. Müller was arrested while in company with the German consul, and several other German citizens, while out prospecting in the mining interest. He was held a prisoner for a month’s time, and released only after he paid to the officer in charge $3,500. The German consul and his fellow-countrymen were released the following day after their capture. Should our government overlook this imprisonment of Mr. Müller, and let the Mexican Government retain his money, I shall give up all hope of ever getting any protection whatever. They also took Mr. Müller’s private residence and occupied it as headquarters, besides confiscating and using his personal property wherever it could be found. He has now leased all his property, cattle, sheep, &c., fearing that they would strip him of everything. If the Americans who have sustained these injuries at the hands of the present government do not state them on this occasion, it will be from the fact that they fear utter and hopeless ruin for so doing.

In the matter of Thomas N. Smith, whose train of lumber they took, whose place of business and dwelling-house they occupied with their troops, just because, as he says, “it was a fine large house,” he has answered, and you will see his answer.

Regarding forced loans I have this to say: They are, in the first place, regulated altogether by the feeling of those imposing them. The first loan caused here in January, 1876, was for $56,000; of this $35,000 was all that was collected. Of this latter amount, $10,200 was assessed and collected from five American firms alone. Was it discrimination to let Mexicans escape and force Americans to pay down the dollars? I think so. Then take the assessments and compare their relative merits. Take the case of Walter Henry. His first “loan” was $1,200, and he was not forgotten in the many that followed in quick succession, until at length he was summoned to give a gun, pay $50, or remain in prison. The poor old man came to me and said, “They have taken every dollar I have, and I cannot raise even this small amount.” I loaned him $30 to make up the amount, and they then released him. The evidence they will send is a good deal similar to the case where the jury acquitted the prisoner for the reason that only two witnesses swore they saw the prisoner kill the man, while the defense brought ten men who swore they did not see him kill the deceased.

The government at the city of Mexico telegraphed to the military commander here in Chihuahua that much complaint had been made by the German citizens of the bad treatment they had received, and in the future he would be careful not to give cause for any further complaint. Of course the Germans were jubilant, and expressed themselves very well satisfied. We Americans could not help feeling mortified, and our pride was wounded. If the persons in power here did not discriminate in favor of Germans, they disobeyed superior orders, and it was not the fault of the general government [Page 529] at Mexico that this partiality was not shown, for they forbade any more forced loans on them, and left us poor Americans to the tender mercies of the new officials.

I make the charge of discrimination against the government at the city of Mexico direct, and their own records will show it. I also inclose you a copy of my answer, personally, to His Excellency the Governor. You will notice my remarks about the “Co. Americano.” They favored us all along with the calls for money and arms, and the “restoradora” working alongside was not asked for a dollar; and, were the truth known, the latter was in much the better financial condition. One was American; the other was not.

In the regulation of some duties in the month of April last, F. Macmanus & Sons were compelled to pay in silver dollars; while from a German, Gustavo Moye, they admitted in half payment old receipts of General Trias. I made no mention of this in my reply to Governor Trias, as it might cause Mr. Moye trouble. Fair play all around is what we want, and what we will obtian after a while, just so soon as Mexico finds out that our country intends giving protection to her citizens living in Mexico.

I wrote to you, while in the States, asking you to please see the Minister of Finance and obtain from him an order making good an order of General Naranjo to F. Macmanus & Sons. About ten days since, a telegram (or letter) came to this city, annulling for the present all the outstanding orders of General Naranjo. I have made inquiry, and can find but one other order of importation uncanceled, aside from the one held by F. Macmanus & Sons. This one, for $1,000, is held by Pedro Mignagoven, a Frenchman. There may be some other small ones, but they are not held by any of the importers.

When a government will make a special annulment of an amount less than $10,000, they either want to hit some one very much, or they are very much pushed for money. Governor Trias was negotiating for money when this order arrived. Now he says he cannot obtain any money, and that the government did a very unwise thing to cancel these outstanding documents. It is now almost authentically stated that next week we will be favored with a large prestimo. I hope they may learn after a while that honesty will prove as remunerative as their constant shirking of their obligations. I cannot see upon what grounds they annul the order of Naranjo. Had an order come to recognize all these orders until paid, merchants would have had some little confidence. Now they have none. There are trains on the road now to El Paso, and money would have been advanced on these duties, had it not been for this countermanding order. The government here has no money, and they are offering loans at 4 per cent. a month, with no takers. This shows you the confidence the merchants have in their fulfilling their promises.

By last mail was sent you a letter from F. M. & Sons in regard to the two orders received in Mexico, requiring the “vista buena” of the minister of finance to make them good for the present fiscal year. Also, in regard to the Naranjo order, the amount of which is $5,062.50, and not $5,165, as stated in their letter. As soon as Mr. Müller returns I will have him draw up his complaint in due form, as also Mr. Nordwald, and have them forwarded to you. Since commencing this letter Edward Patrick called to see me about answering the governor. He said, “You know I cannot make any charge to the very man who committed the outrages and who is now in power. They battered down my doors, placed a pistol at my breast, and robbed me of horses, saddles arms, and money, for which they would not give me any receipts; but I cannot say this to Trias; it would be my ruin.” He has promised to give me his statement to forward to you. We have had simply a reign of terror on a small scale for the past year and a half.

If you can obtain a telegram from the minister in relation to these three drafts on the custom-house, you will confer a great favor on Messrs. Macmanus & Sons, and much oblige,

Your most obedient servant,

LOUIS H. SCOTT,
United States Consul.
[Inclosure 1 to inclosure 1 in No. 611,—Translation.]

Governor Trias to Mr. Macmanus.

supreme government of the free and sovereign state of chihuahua.—no. 132.

In compliance with a requirement of the Department of Foreign Affairs, I request you to be pleased to tell me whether you have cause to complain of having been treated [Page 530] by the present government with prejudice or hostility, and of having been oppressed with discrimination in favor of Mexicans and foreigners of other nationalities.

Liberty in the constitution.


ANGEL TRIAS
.

L. D. Conder.

To the American citizen, F. Macmanus, present.

[Inclosure 2 to inclosure 1 in No. 611.]

Mr. Scott to Governor Trias.

Hon. Sir: I have the honor to acknowledge the receipt of your official document of August 30, 1877, which was handed me on the 11th instant. In reply I beg to state that while I have not the exact means of ascertaining the exactions imposed upon other foreigners and Mexican citizens, still I have at times thought that some of my interests were not placed upon a fair and impartial basis.

The New York and Santa Eulalia Silver Mining Company, in which I am interested, was placed upon the list of forced loans, and compelled to contribute arms for the soldiers of the actual government. Ours was the only company in the district of Santa Eulalia that paid any forced loans. These loans caused such a feeling of insecurity among the New York stockholders that it has very seriously interrupted the progress of the works, which would have been a great benefit to the State in the production of wealth, employment of labor, and the distribution of many thousands of dollars annually.

Not only during the months of July, August, and September, 1876, was the “Co. Americano” called upon for forced loans, but during the stay of General Naranjo he also levied a loan upon the company which it did not have the money to pay. I was compelled to take from my private means the necessary funds to pay off this demand. I was forced to do this, as General Naranjo threatened to annul at that time the order of $5,062.50, which he had just issued to F. Macmanus & Sons, of which firm I am and was then a member, unless the money levied against the company was paid immediately.

The company at that time had not a dollar in the treasury, and I thought then, and still continue to think, that undue advantage was taken by General Naranjo. It is very difficult to arrive at the thoughts and intentions of others. We are only capable of judging certain matters by their direct effect upon us. Thus, in the suspension of the importation orders given by General Naranjo, I trust there was no intention on the part of the government to specially wrong or inconvenience my firm. Still the effect is the same, and as almost all the other (orders) of importation have been canceled, it seems hard that we should be the worst and almost the only sufferers from this suspension.

I complain that the general government at the city of Mexico caused to be sent to the State government in this city telegrams advising that complaints had been made by German citizens, and counseling the State government not to give cause for any further complaints from this source.

I hold that such an order in behalf of any one class of citizens was discrimination against all others, which included

Your most obedient servant,

L. H. SCOTT.

His Excellency Governor Angel Trias, Present.

[Inclosure 2 in No. 611.]

Mr. Foster to Mr. Scott.

Sir: I am in receipt of your communication of the 13th ultimo, with its inclosures’ containing an account of the examination which the governor of Chihuahua is making as to the treatment which Americans resident of that State have received from the authorities. I thank you for your full and interesting report on the subject. I agree with you that American citizens who have suffered from the acts of the authorities should now make known in some way the injuries which they have suffered, although I recognize the embarrassing position in which they may be placed by such complaints [Page 531] reaching the authorities who perpetrated the wrongs, if they still remain in office. But the matter having become the subject of newspaper discussion, I see no other course to take than to make a full statement of the injuries suffered.

* * * * * * *

There is no question in my mind but that American citizens have suffered gross outrages and wrongs at the hands of the local and revolutionary officials in Chihuahua, and I have made serious and repeated complaints to the government of General Diaz regarding them. But it is due to his government to say that whenever I have been able to furnish it with authentic evidence of the exaction of forced loans, money advances, &c., by his officials, the finance department has promptly ordered a repayment, in such form as to be acceptable to the complainants. This has been the case with Messrs. Macmanus & Sons, to whose claims you allude in your letter of the 13th ultimo. I wrote and telegraphed them yesterday that all the custom-house orders heretofore obtained by me for them in settlement of their claims had been revalidated. It is to be regretted that other American residents of Chihuahua, who have suffered injuries or damages, have not pursued the same course as Messrs. Macmanus. The first information I had of Mr. Müller’s case, to which you refer in your letter, was through the American newspapers, and up to this day I am without any sufficient information or statement upon which to present a formal complaint or claim for damages to the Mexican Government. The complaints of Messrs. Smith, Henry Patrick, and Nordwald, to which you make incidental allusion in your letter of the 13th, and your statement of the loans exacted from the New York and Santa Eulalia Mining Company, have never been presented to me for adjustment, and, in fact, I never heard of them before. It is a just cause of complaint against Mexico that such forced loans and damages are inflicted on American citizens under any circumstances, but fault cannot be found with the federal government here for failure to repair the damages if authentic information is not furnished it of such injuries. The best course for Americans to pursue in all such cases is to report their complaints through the consul to this legation, in the first place, and not to the Department at Washington, until the Mexican Government manifests an indisposition or an undue delay in adjusting them.

I will be gratified to receive any further information you may have on the matters referred to in your letter of the 13th ultimo.

Very truly,

  • JOHN W. FOSTER.
  • L. H. Scott, Esq.,
    Chihuahua.