No. 451.
Mr. Hunter
to Mr. Foster.
Department
of State,
Washington, November 4,
1879.
No. 695.]
Sir: I transmit herewith a copy of a letter under
date of the 23d ultimo, addressed to this Department by the Hon. John R.
McPherson, of the Senate, and of the correspondence and other papers which
accompanied it, in relation to the arrest on the 18th of September last, and
imprisonment, of Captain William Metzger, of the steamer Newbern, by the
Mexican authorities of Mazatlan, on a charge of smuggling.
It appears from the protest of Captain Metzger that certain 104 packages of
merchandise were landed from the steamer Newbern which were not entered on
the general manifest of the steamer; that he declared to the judge of the
district that he had no knowledge of the 104 packages; that no bill of
lading had ever been given or signed for them by any agent of the steamer;
that he believed that no agent or employé of the Newborn had received the
104 packages on board the steamer, and hence they could not have been
delivered by any agent or emyloyé of the steamer.
It further appears that, notwithstanding this declaration, Captain Metzger
was imprisoned and tried on a charge of smuggling and acquitted
[Page 712]
by the judge, from whose decision
the district attorney appealed, and the case was transferred to the circuit
court, before which he was required to answer. Since this stage nothing
further in regard to his case has been received by the Department.
You will make fitting representation of the case to the Mexican Government,
and ask for an investigation of the facts, to the end that, if they be
substantiated, due redress may be voluntarily and adequately tendered to
Captain Metzger, against whom no evidence is believed to appear to justify
the penal and unbailable charge of smuggling, or even to identify the
suspected packages as having come from the vessel he commanded.
I am, &c.,
W. HUNTER,
Acting
Secretary.
[Inclosure in No. 695.]
Mr. McPherson to
Mr. Evarts.
October 23,
1879. (Received October 24.)
Sir: I inclose herewith letter of Mr. B. M.
Hartshorne, a citizen of New Jersey, who is largely engaged in the
Mexican trade. He requests me to forward to yon the accompanying
correspondence in relation to what seems a great outrage on the part of
the Mexican authorities, and to ask if nothing can be done by way of
redress. Your early attention is respectfully solicited.
With great respect, &c.,
J. R. McPHERSON,
United States
Senator, New Jersey.
[Annex to Mr. McPherson’s letter of October
23, 1879.]
Mr. Hartshorne to
Mr. McPherson.
“The
Highlands,”
October 19, 1879.
Dear Sir: Referring to our interview yesterday,
I have to ask your assistance in calling the attention of the Department
of State to the facts contained in the letter from Captain Metzger to
Mr. Bermingham. I think this matter calls for prompt action on the part
of our government, for this American shipmaster may now be in a Mexican
jail for no crime and through no fault of his. I would respectfully
suggest that a United States vessel be ordered to Mazatlan to inquire
into the circumstances connected with this gross outrage; and that a
demand be made on the Mexican Government for such reparation for Captain
Metzger as our authorities may deem proper.
I am, &c.,
[Annex to Mr. Hartshorne’s letter of
October 19. 1879.]
Captain Metzger to
Mr. Bermingham.
Mazatlan, September 18,
1879.
Dear Sir: This afternoon I was arrested and
taken on shore because there were 104 packages of freight discharged
that were not on the manifest. There was one invoice of 104 packages
that was not on, and the ship paid a fine of $100, and added them on;
but these 104 packages they have not found an owner for (and we, not
knowing anything about them, did not put them on the addition), and in
the absence of any one else being found, the captain is considered the
responsible party. By the new law, smuggling is a criminal offense, and
I am considered as a smuggler at present, and I have to go to jail
to-night, although the judge himself considers it a hardship, hut says
that such is the law. I am to have a trial, and, if pronounced guilty,
the penalty is two years’ imprisonment. They would not accept bail. I
thought it best to send the ship away, and it is uncertain when I will
get through. I may get
[Page 713]
through
in time to come on the mail steamer. If not, I will have to wait for the
return of the Newbern, as I know nothing of the packages, and have
always been very particular about smuggling, and tried to prevent it. I
hope for the best, but I expect the company to get justice for me for
this outrage. I have cautioned Mr. Rogers to be careful and not run any
risk. So I will close, as I want the ship to get to the cape before dark
to-morrow evening.
Yours, very respectfully,
(Note.—The Mr. Rogers mentioned in the
letter is the first officer of the Newbern.)
