No. 350.
Mr. Foster to Mr. Evarts.

No. 931.]

Sir: In my No. 773, of September 3, 1878, I reported the progress had in the adjustment of the question of the firing upon the consul’s flag by Mexican troops in the port of Acapulco, in May, 1877. At that time the trial of the officer in command of the fort had been ordered for a failure to investigate the outrage at the time of its occurrence.

I now have to report that, in a note of which a copy is herewith inclosed, the minister of foreign affairs informs me that the said officer has been tried by a military court in this city, and has been condemned to the loss of his commission in the army.

* * * * * * *

I am, &c.,

JOHN W. FOSTER.
[Inclosure 1 in No. 931.—Translation.]

Mr. Ruelas to Mr. Foster.

Mr. Minister: The note of your excellency, dated August 31 of last year, was opportunely received by this department. Being informed of its contents, and upon sending you the inclosed copy of a communication in which the department of war reports the sentence pronounced upon Col. Vicente Sanchez on account of the occurrences which took place in Acapulco the 28th of May, 1876 (1877), I have the honor to reproduce the expressions with which my predecessor, Mr. Mata, concludes the note sent to your excellency the 5th of last August, and embrace the occasion to renew to your excellency the assurances of my very distinguished consideration.

M. RUELAS.

republic of mexico, department of war and marine.—section 1, no. 43.

The military commander of the federal district, in a communication dated the 18th of January last, says to me the folio wing:

“The court of general officers held the 16th instant condemned Col. Vicente Sanchez to the loss of the commission which he holds in the army, for not having ordered the institution of the necessary investigation in order to ascertain whether or not, on the 28th of May, 1876 (1877), the boat in which were the consuls of the United States, Colombia, and Guatemala, was fired upon from the fort of Acapulco; which I have the honor to participate to you for your superior information.”

Which I have the honor to transcribe to you for your information.

Liberty and constitution.

GONZALES.
[Page 803]
[Inclosure 2 in No. 931.]

Mr. Foster to Mr. Ruelas.

Sir: In examining the correspondence, received from your excellency’s department, I find that I have omitted to make acknowledgment of your note of the 26th ultimo, conveying to me a copy of the judgment of the court-martial which sentenced Col. Vicente Sanchez to the loss of his commission in the army for his failure to order an investigation regarding the firing upon the American flag in May, 1877.

In begging your excellency to excuse the omission, I have to add that I have no doubt my government will be gratified to learn of this act, which is in consonance with the spirit of Mr. Mata’s note of August 5 last, although its effect would have been more salutary if the trial and punishment had more speedily followed the outrage, and been given publicity in the port where it occurred.

I embrace this new occasion to repeat to your excellency the assurances of my distinguished consideration.

JOHN W. FOSTER.