Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 2, 1878
No. 356.
Mr. Foster
to Mr. Evarts.
Mexico, August 22, 1878. (Received September 10.)
Sir: Under date of the 11th ultimo, the commercial agent at Nueva Laredo, Mr. J. J. Haynes, reported to me the arrest of three American citizens resident in said town—Thomas Walsh, W. W. Camp, and Rafael Andrete—and the imposition on each of them of a fine by the town authorities, on account of their refusal to render military service when the town was threatened by an attack from the Lerdist revolutionists.
Upon its receipt, in a note dated the 5th instant, I addressed the minister of foreign affairs, remonstrating against the demand of the local authorities in open defiance of treaty stipulations, and asking that the fines be returned and proper reparation be made for the insult offered by the local authorities to the Government of the United States and the injury to its citizens. With my note I sent the minister the correspondence had between the commercial agent and the president of the ayuntamiento, which I now inclose. Special attention is called to the communication of the latter official.
Mr. Mata has replied to me, under date of the 19th instant, that before the receipt of my note his government had asked detailed information on the subject, and that as soon as it was received he would communicate to me the decision of the government.
I am, &c.,
Mr. Foster to Mr. Mata.
Mexico, August 5, 1878.
Sir: It will be seen by the copies of communications inclosed herewith, that during the time the town of Nuevo Laredo was threatened by the revolutionists, under the Lerdista chiefs, in May last, the president of the ayuntamiento of said town called upon [Page 577] three resident American citizens—Thomas Walsh, W. W. Camp, and Rafael Andrete—to render military service in defense of the town against the threatened attack of said revolutionists. The said citizens and the commercial agent of the United States protested against such a requirement, and upon their refusal to render the military service the said citizens were each fined the sum of $25 by the president of the ayuntamiento. They were, however, released upon parol, to await the decision of the supreme government upon the question of the payment of the fine.
On the 8th ultimo the consular representative, having received instructions from the Secretary of State of the United States, addressed the president of the ayuntamiento a communication in conformity with said instructions, informing him that the requirement of military service in the case in question was in contravention of the ninth article of the treaty of 1831, and that his government would expect the stipulations of the treaty to he faithfully observed.
Notwithstanding this official notice, the president of the ayuntamiento, in a communication dated on the 9th ultimo, informed the consular representative that the American citizens in question “remain and will remain” subject to the fine imposed upon them, and on the day following that official summoned the said citizens before him, and, not withstanding their remonstrances and those of the consular representative of the United States, he insisted upon the payment of the fine, which, in order to obtain their release from imprisonment, the said citizens paid to the collector of customs, upon condition that it was to be returned to them if the action of the president of the ayuntamiento was not approved by the Federal Government of Mexico.
I have no doubt your excellency’s government will promptly disapprove the conduct of the president of the ayuntamiento in this affair. I am not at a loss to understand what application the treaty of July 10, 1888, to which that official refers in his communication of the 9th ultimo, has to the present case. The ninth article of the treaty of 1831 expressly exempts the citizens of both countries from compulsory military service. It is well known that the danger which threatened the town of Nuevo Laredo was from the partisans of Ex-President Lerdo, and it would be highly improper for American residents to take part in such a contest, which exclusively concerned the citizens of Mexico, and it was a clear violation of the treaty of 1831 for a Mexican official to require military service of American citizens under such circumstances.
The allegation that these persons were not entitled to be considered as American citizens for their alleged failure to matriculate or register as such is altogether unfounded, even if that fact existed. The Government of the United States does not concede to Mexico the right to nullify the stipulations of a solemn treaty or denationalize its citizens by municipal or other interior regulations. But your excellency will notice that the commercial agent, in his communication, expressly states that these persons had registered themselves as American citizens. While this is mentioned to show the disposition of these citizens to comply with the regulations in force where they reside, I do not regard it as at all material to the question.
Your excellency cannot fail to notice the insulting spirit manifested by the president of the ayuntamiento directly toward the Government of the United States, and the unjust charge which he makes against its consular representative. In the very communication in which he makes this charge he virtually confesses the truth of the commercial agent’s report to the government, that military service was required, as it is plainly inferred from the language of said communication that the force which threatened the town was that of the revolutionists. It is just such conduct and spirit as have been manifested by this official which have created the bad feeling on the frontier of the Rio Grande, and which make it daily more difficult to preserve peace and good order between the citizens of the two nations.
I have, therefore, to request that your excellency’s government will take as prompt and efficient measures as possible for the return of the fines imposed and paid, to cause the treaty stipulations referred to to be strictly observed, and the insult offered to my government and the injury done to its citizens to be repaired.
With the sentiments of my high consideration and esteem, I remain, your excellency’s obedient servant,
Mr. Haynes to Mr. Foster.
Nuevo Laredo, July 11, 1878.
Sir: I have the honor to remit inclosed to you the following copy of my letter of the 8th instant to the president of the ayuntamiento, copy and translation of the judge’s answer to my letter.
The facts leading to the correspondence were imprisonment and fine of Mr. Thomas Walsh, Dr. W. W. Camp, and Mr. Rafael Aldrete, citizens of the United States, for [Page 578] refusing to render armed military service in this plaza on the 24th and 26th of last May, and which I have fully explained to the department at Washington.
Mr. Hunter, in his answer to my dispatch, said that a copy of it would he sent to you, thus rendering it unnecessary for me to repeat all the circumstances here. From the copy inclosed of the judge’s answer to my letter you can form some idea of the feeling here against the United States Government and citizens.
The judge says in his answer: “Besides, your said communication shows that you have surprised your government with assertions which are totally false, as this authority has not compelled the said gentlemen to military service, but to a city police service.”
The summons of the judge to the American citizens was to appear at the court-house armed with carbines, for the purpose of defending the town against an armed band of revolutionists who were expected to attack the town. In the judge’s letter to me, dated May 27, 1878, one of the laws he cites as authorizing his call on the citizens reads: “Law of January 30, 1854, article 12, ‘The foreign residents will be subject to military service in case of foreign war, excepting the war be with the country of which they are citizens.’”I cite this part of the judge’s answer to my letter of May 27 to show that he did not then deny that call was tor armed military service. The judge also states in his letter that Mr. Walsh, Dr. Camp, and Mr. Aldrete are not recognized as American citizens.
In November, 1877, all foreign residents here were summoned to appear at the courthouse and prove their titles to foreign citizenship and protection. Mr. Walsh, Dr. Camp, and others did present themselves and proved their titles to American citizenship and protection. Mr. Aldrete was in Monterey at the time, but was represented by his son, Ishmael Aldrete; and these facts are or should be on record in the archives of this town.
The statement of the judge that until said Walsh, Camp, and Aldrete prove their nationality in the forms prescribed, they will be taken and treated as being citizens of a country having no relations with Mexico, in my opinion conveys a threat which, if carried into execution, will seriously endanger the liberty, property, and well-being of the said gentlemen.
Yesterday afternoon the judge summoned Messrs. Walsh, Camp, and Aldrete to appear at the court-house, and, on their presenting themselves, the judge told them that they had been summoned for the purpose of exacting the fine of $25 each, as more than a month had passed and he had not heard from the Government at Mexico in relation to the matter. The gentlemen asked that I might be sent for, which was done. On my arrival, they explained that, notwithstanding that the judge had agreed to let them go on parol until the question was finally settled by the two governments, he had rearrested them and demanded that the line be paid immediately. I told the judge that my understanding was that he had agreed to let the gentlemen go on parol until the question was finally settled, but that if he was afraid that they would break their parol, they would give bonds for appearance and payment of the fine in case the question should go against them, or, if he preferred, they would deposit the amount of the fine either with the collector of customs or with Messrs. Daniel Miluso & Co., the money to remain in deposit subject to the decision of the two governments.
The judge refused both these propositions and declared that the fine must be paid immediately to him, or he would take such measures as he thought proper. I told him that the gentlemen respectfully refused to pay the fine and he could proceed as he thought best. He said, “Very well; the gentlemen are prisoners, and I will attend to them.” At the same time he directed the chief of police to be within call, as he would be needed. I asked the judge if he would take bond for the appearance of the prisoners the next morning. He said that he had the gentlemen present and neither needed nor would take any bond.
I immediately went to Laredo, Tex., and telegraphed to you that Messrs. Walsh, Camp, and Aldrete had been arrested and imprisoned for refusing to pay the fine. When I returned at night I met Mr. Aldrete, who informed me that the judge had just accepted the proposition to deposit the money with the collector of customs, and had let them go on those conditions.
Many of the citizens here disapprove of the arbitrary acts of the judge, and the general opinion is that the arrest and imprisonment yesterday of the gentlemen named was simply an attempt to frighten them into paying the fine, which once in the judge’s hands would be difficult to recover even if both governments decide the fine and imprisonment to be illegal. The judge on seeing that the gentlemen were determined to go to jail before they would pay the fine, concluded to accept the proposition which he had at first declined with scorn. I have no doubt that the judge will be ordered by his government to apologize for his insulting language in his letter to me of the 9th instant.
I have the honor to be, very respectfully, your obedient servant,
United States Commercial Agent.
Hon. John W. Foster,
United States Minister to Mexico.
Mr. Haynes to the President of the Ayuntamiento.
Nuevo Laredo, July 8, 1878.
Sir: I have the honor to inform yon that I have received an answer to my dispatch to the Department of State at Washington, relative to the imprisonment by the civil authorities of this town of Mr. Thomas Walsh, Rafael Aldrete, and Dr. W. W. Camp for refusing to render armed military service on the 24th and 26th days of May of the present year.
The honorable Secretary of State directs me to call your attention to the ninth article of the treaty of 1831, which exempts citizens of both countries from compulsory military service in either; and that in case the attempt adverted to had succeeded or should be repeated, the Mexican Government will be held to a strict accountability therefor; that the government of the United States of America is determined to see that the stipulations of the above-mentioned treaty are faithfully complied with.
I now have the honor to renew my demand that Mr. Thomas Walsh, Dr. W. W. Camp, and Mr. Rafael Aldrete be immediately released from all responsibility as regards fine or imprisonment for refusing to obey your summons of the 24th and 26th of May, 1878, to render armed military service in this plaza.
Awaiting your answer, I have the honor to be,
Very respectfully, your obedient servant,
United States Commercial Agent.
The Hon. President of the Ayuntamiento, Nuevo Laredo.
Mr. Escamillo to Mr. Haynes.
The communication which you have been pleased to address to this authority under yesterday’s date has been received, the imperative and menacing style of which we do not judge the most proper one to arrange international questions like the one which unfortunately occupies us at present.
The treaty of July 10, 1868, agreed upon by the Mexican Republic and the United States of America, points out the manner in which such cases should be conducted, and the same gives authority neither to the Secretary of State of the Government of Washington, nor much less to a subaltern agent as you are, to dictate menacing orders to this authority, which does not find itself under your dominion, and has its own proper government. For these reasons the Messrs. Walsh, Aldrete, and Camp remain, and will remain, subject to the fine imposed upon them until we have the resolution of the functionaries of our republic.
Besides, your said communication shows that you have surprised your government with assertions which are totally false, as this authority has not compelled the said gentlemen to military service to which you refer, but to a city police service, either personally or by a substitute, which the extraordinary circumstances exacted, to preserve the public order and tranquillity, menaced by a force without a flag and which had not the character of being a public enemy.
More, the said Walsh, Aldrete, and Camp, as you know and has been made known to you, are not recognized as American citizens, they neither having proved their nationality nor matriculated themselves (or been matriculated); both these requisites prevent them from enjoying the special rights allowed by the treaties between Mexico and the United States; and even if they could enjoy the rights and prerogatives conceded by international laws as well as by those of the republic in which they reside, in any way this authority while the said Walsh, Aldrete, and Camp do not prove their nationality in the form prescribed by the treaties of both countries, to which you refer and which are in force, they will be taken and treated as being citizens of a country having no relations with Mexico, and they Will not be considered either as Mexican or United States citizens until they prove to be the latter by certificate of matriculation; saving the superior resolution of the Mexican Government.
This is all which I can say at present in answer to your said official communication.
Liberty in the constitution.
Commercial Agent, Present.
Mr. Mata to Mr. Foster.
Mexico, August 19, 1878.
Mr. Minister: In reply to your excellency’s note of the 5th instant, relating to the arrest of Messrs. Thomas Walsh, W. W. Camp, and Rafael Andrete, ordered by the municipal president of Nuevo Laredo, I have the honor to state to you that upon the receipt of the said note this department already had notice of the affair, and had asked detailed information concerning it. As soon as this is received it will be pleasant for me to communicate to your excellency the resolution of the government.
I am, very respectfully, your excellency’s obedient servant,
His Excellency John W. Foster,
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America.