No. 455.
Mr. Foster
to Mr. Evarts.
Legation of
the United States,
Mexico, December 24, 1879.
(Received January 13, 1880.)
No. 1076.]
Sir: The Department has doubtless been kept advised
by Mr. Scott, the consul in Chihuahua, of the progress and results of the
revolution in that State which occurred during the months of October and
November. The revolutionary movement was inaugurated with the object of
getting rid of the governor, General Frias, which was accomplished by armed
force, after various encounters and military movements.
Upon the occupation of the State capital by the “pronunciados,” the
legislature was convened, and Sr. Tenazas, a former adherent of President
Lerdo, was elected provisional governor. The latter has been recognized by
the federal government, and the new State officials are in full possession
of power.
With these violent political movements in Mexico our government has no
concern except so far as they affect American interests, and I regret to
call attention to the fact that the American residents of Chihuahua have
suffered the usual experience in such cases—forced loans,, violent seizure
of property, and disregard of their rights. These are set forth fully in the
letter which the consul has addressed to this legation, a copy of which I
inclose herewith.
The consul’s complaints are of two kinds: 1st. The forced loans levied and
collected upon the American citizens named; and, 2d, the rights and
privileges of the consul and the consulate.
I have, in an informal way, presented the cases of the forced loans to the
acting minister of foreign affairs, and spoken incidentally to the President
on the subject.
The forced loans were levied by the “pronunciados” before the new governor
was elected, and on the approach of General Trevino, the commander of the
federal forces, the leader of the “pronunciados” retired from the city, but
I have insisted with the minister that as the object of the revolution was
to overthrow the Frias government and install a new one, that, as the money
taken from the American residents by armed
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force was used to carry out that object, and that as
the new government established by the “pronunciados” is now in complete
possession or” the State and recognized by the federal executive, the money
taken from the American citizens should be returned to them. The minister
has promised to obtain full information on the subject, and has manifested
an apparently good disposition to have the money refunded if a proper way
can be found to do so. I am, therefore, not without hope that I may be able
to secure its return.
I respectfully submit the second point presented in the consul’s
communication to the Department as to the rights and privileges of the
consul and consulate, asking special instructions if it is desired that I
should make any representation to the Mexican Government on the subject.
I am, &c.,
[Inclosure in 1076.]
Mr. Scott to Mr.
Foster.
United
States Consulate,
Chihuahua, November 17,
1879.
Your note of October 3 came duly to hand. I did not answer it at once,
because I knew my reply would in all probability miss you.
I have not yet given up hopes that you may visit us, but I write this
hoping to intercept you at Durahgo, so you may be informed of how
matters are progressing here. I will now state as briefly as I can what
has occurred.
On the 31st ultimo the “pronunciados” against the State government
entered the city, about 100 strong, taking the governor prisoner. Their
first act was to set at liberty ail the criminals confined in the jail,
which act was not calculated to inspire confidence. On the 4th instant
the commandant levied a forced loan of $10,000, of which $1,000 was
assigned to H. Muller, $500 to H. Nordwald, and $800 to F. Macmanus
& Sons, of which you know I am a member. Mr. Muller was absent from
the city, and only returned a few days since.
On the 7th four officers and six soldiers entered the house of H. Norwald
and took the $500, against which he protested before both myself as
consul and a notary public, witnesses. All the officials of the general
government, the Gefe de Hacienda, director of the mint, Administrador
del Timbre, the telegraph and post-office, deposited their books and
valuables in this consulate, for what I presumed was protection and
security.
On the 5th instant Messrs. F. Macmanus & Sons deposited all their
cash and securities in this consulate, a due record of which was made in
the books of this office.
On the morning of the 14th instant an officer brought an order, a copy of
which I inclose. I explained to him that the firm was F. Macmanus &
Sons, and not Macmaims Bros., as they had put in all their notices, and
told him to bring an order addressed to the firm and I would then act
upon it.
Before leaving the officer desired to know whether I would pay the money.
I told him the money of the firm was deposited in the consulate, and I
would shield my interests by the protection of my office, which
guaranteed to me exemption from all forced loans, and I showed him the
treaty on the subject.
Before he left he told me he would exact $1,800 and take it by force if I
made any resistance or did not pay the money on his demand. He then
left, and I retired to the street, locking the front door, attached to
which was the coat of arms, fully determined to let them break the door
open and take what they pleased.
At this juncture my friends advised me not to run useless risks, as it
would do no good, &c.
Before long they came, four officers, a blacksmith with his tools to cut
away the locks, and fifteen soldiers, all fully armed. These were drawn
up in line, and about a stone’s throw from the house. I demanded his
order, and he presented it, being the same as the other, with this
exception, it was addressed to F. Macmanus &, Sons. I requested time
to call on the commandant, which was reluctantly granted. The result
was, of course, nothing gained.
On my return I saw resistance was more than, foolish, and concluded that
I could not afford to pay $1,200 additional just to have them effect an
entrance by force, so I unlocked the front door and they passed in
through the zaguan (main door) and thence into
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the office of the consulate, where were assembled
a notary, the German vice-consul, and witnesses. As they laid hands on
the bags of money I protested, saying that this was the consulate of the
United States, and that the money they were about to take had been
deposited in the consulate for protection, all of which went into one
ear and out of the other, and, as I wrote to the Department, “they have
our money and we have our protest.” Their argument was about this: “As a
consul we respect you; but you are also a merchant, and as a merchant
you have no rights, and you must pay the money, or suffer the
consequences.” They told Mr. Nordwald’s representative in answer to his
question by what authority do you demand of me a loan of $500?” The
reply was, “Our right is in our power,” and they have clearly proved it.
I may be wrong, but it has occurred to me that they cannot touch the
property of L. H. Scott as a merchant, illegally, without trespassing
upon the privileges of L. H. Scott as consul, and upon this ground I
propose to force the matter to a complete and perfect understanding as
to the rights of an American consul in Mexico, and the power and
willingness of our government to have those rights respected.
They say the young Messrs. Macmanus are Mexican citizens, and I cannot
shield their property. What I claim is this, that when they force money
from F. Macmanus & Sons, they force money from me, which they have
no right to do under our treaty. Then, again, they force money from the
estate of F. Macmanus which is certainly an American interest.
We would all be much gratified to have you pay us a visit, and I
particularly would like your advice and counsel on this subject.
I am, &c.,
