No. 388.
Mr. Frelinghuysen to Mr. Morgan.
[Extract.]
Department
of State,
Washington, February 20,
1883.
No. 370.]
Sir: Your dispatch No. 562, of the 6th instant,
relating to the case of the Adriana at La Paz, has been received and has had
careful attention.
As your dispatch shows you to have been fully informed of the facts up to the
date of writing, there is no present need of herein reciting the case.
Your conclusion accords with that of this Department, that the case, on the
admitted statements, presents certain grave features.
- 1.
- The refusal of the Mexican authorities to allow Captain Caleb to have
access to the consul when arrested, or when called upon to plead.
- 2.
- Their action in requiring Captain Caleb to sign certain declaratio ns
while incommunicado and without knowledge of
their purport, especially as it appears that these so-called
declarations may be relied upon [Page 626] to establish the Mexican claim that Captain Caleb admits a violation
of the criminal law of Mexico. That Captain Caleb signed the papers in
question under bodily fear or constraint is not yet fully established.
If it were, it would lend an exceptional gravity to the case.
- 3.
- The refusal of the collector to permit the consul to visit the
vessel.
It is of course impossible to judge fully of the case until the text of the
so-called declarations of Captain Caleb is known. It may be assumed,
however, from the character of the sworn declarations made by him and his
officers before Consul Yiosca that it could not have been his intelligent or
voluntary intention to put his name to a confession that he was willfully
violating the laws of Mexico in regard to smuggling.* * *
If you have not already done so, you will now address Señor Maris.cal, asking
an examination, and requesting copies of the declarations signed by Captain Caleb. You will intimate to the
minister that the manner in which Captain Caleb alleges he was constrained
to sign papers of the contents of which he was ignorant, and while deprived
of the assistance of the consul for his intelligent protection against any
misunderstanding on his part, is regarded as an irregularity which, in the
judgment of this Government, will deprive those declarations of any moral
weight if they be trusted to sustain the charge of smuggling brought against
the captain. And you will further intimate that the whole course of the
proceedings appears to be so inconsistent with the principles recognized in
the intercourse of maritime states that persistence in the prosecution of
Captain Caleb on those premises could not fail to call forth the most
earnest remonstrance of this Government.
It is not the desire or purpose of this Government to screen any of its
citizens who may have willfully violated foreign law. But it is its plain
duty to endeavor by every legitimate means to secure for its citizens under
accusation of wrong-doing such justice and impartiality of treatment and
such safeguards for their defense as shall entitle the judgment reached to
the respect which judicial proceedings should everywhere command.
If the rules of international justice shall appear to have been in any way
infringed, it is the undeniable right and obligation of this Government to
interpose its diplomatic offices to insure a fair trial.
To so practical a jurist as yourself these brief indications will suffice for
the present conduct of this case.
I transmit herewith for your further information, copy of a recent dispatch
to the Department from the consul at La Paz in relation to the subject.
I am, &c.,
[Inclosure in No.
370.—Extract.]
Mr. Viosca to Mr.
Davis.
United
States Consulate,
La Paz,
Mexico, February 10,
1883. (Received February 19.)
No. 18.]
Sir: Referring to my previous dispatches in the
case of the American schooner Ad riana, I have the honor to inform the
Department that the proceedings preparatory to the trial followed by the
judge of first instance (acting district judge) have not as yet had any
progress towards bringing about the case for public trial. Such a delay
is contrary to the laws regulating the same, because the said laws give
a very peremptory space of time. On the 29th of January, 1883, I
directed a communication to [Page 627]
the said judge of first instance, asking reliable information as to the
reality of the detention or seizure by the authorities of the schooner
Adriana, before my granting the request of the mate, who made
application to this consulate for the clearance papers. Copy of this
communication I beg to here inclose with the judge’s answer and
translation of the same, wherein he states that the schooner was
lawfully seized.
On the 1st of February, the district judge being present and having taken
charge of the proceedings, without furthering the investigation made by
the judge of first instance, ordered the captain of the port to take
charge of the vessel, stores, arid everything on board; to make an
inventory, and next to place everything at the disposal of the principal
revenue officer (Comandante del Resguardo), which was verified, leaving
the mate and crew on board the said vessel, under strict orders to not
permit their landing. The next day the said mate and crew were marched
from the vessel to the public jail, without being advised of the cause
of their imprisonment.
Immediately after learning their whereabouts, I directed a communication
to the chief politic and military commander, requesting a certified copy
of the court’s writ of imprisonment, which was granted.
The governor’s reply, and my subsequent communication to the district
judge, his answer, and so forth, are sent with this under inclosures.
The Department will find them to contain full information of the several
irregularities observed by the judge in dictating the writ for the
aforesaid imprisonment.* * *
I am, &c.,
Mr. Viosca to the
judge of first instance.
United
States Consulate,
La
Paz, January 29,
1883.
Sir: The mate of the American schooner
Actriana, which vessel is now anchored in this port, has made
application to this consulate for the clearance papers of the said
vessel, in the name of Captain Caleb, who is at present sick. As no
clearance can be granted by me, unless the aforesaid American schooner
be solvent with the authorities of this port, I beg to be officially
informed by your honor if she is detained by the judicial or
administrative authorities, and, if so, what are the causes of her
detention or seizure.
I therefore request an immediate reply oh the subject in order to act
accordingly.
With the highest consideration, &c.,
The judge of first
instance to Mr. Viosca.
In due answer to your communication of yesterday’s, date I beg to state
that the district judge having returned to this port, my official action
ceases from said moment in the proceedings carried on concerning the
contraband which took place at the Encenada of Trailes, by the American
schooner Adriana, wherein it was ordered to secure the said vessel, and
also all other objects determined bylaw in cases like the present
one.
The above circumstances place me in the impossibility of permitting
myself the honor of answering the items which you indicate in the
aforecited communication.
Remaining, &c.,
Mr. Viosca to the
chief politic and military
commander.
United
States Consulate,
La
Paz, February 2,
1883.
Sir: It has come to the notice of this
consulate that Mr. Kirchner, mate of the American schooner Adriana, and
three of the crew, have been confined to jail by orders from the
district judge.
I beg of you respectfully to allow a certified copy of the judge’s writ
to be issued and forwarded to this consulate.
With the highest consideration of esteem and respect,
I am, &c.,
[Page 628]
The chief politic and military
commander to Mr. Viosca.
La
Paz, February 3,
1883.
In compliance with the desire expressed by your note of yesterday’s date,
I have the honor to inclose copy of the communication received by this
Government from the district court of this territory, asking for the
arrest and imprisonment of the mate and crew of the American schooner
Adriana.
Copy of request for arrest of mate and crew of the
Adriana.
District Court of Lower California,
La Paz, February 2, 1883.
I will thank you to have the proper orders issued for the arrest and
confinement to the city jail of the mate and crew of the American
schooner Adriana, at present to be found on board of said vessel, and
have them at the disposal of this court.
Mr. Viosca to the
district judge.
[Extract.]
United
States Consulate,
La
Paz, February 3,
1883.
Sir: The chief politic and military commander
of this territory has, at my request, furnished me a copy of your order
to imprison the mate and crew of the American schooner Adriana, anchored
in this port.
The order in question does not state the legal cause of the proceeding,
nor the facts upon which to found the same.
Article 16 of the constitution of Mexico provides that no one shall be
molested in his person except it is by a proper writ issued by competent
authority, giving the grounds and legal cause of the imprisonment; and
as my countrymen are entitled to all the rights granted by said
constitution, they should not have been imprisoned as they have.
Such rights are also secured to them by the respective treaties between
the two nations.* * *
I request you, therefore, to set the mate and crew of the Adriana at
liberty, or state the cause of the imprisonment.
I remain, &c.,
The district judge to Mr.
Viosca.
District Court of Lower California,
La Paz, February 3, 1883.
Per your communication of this day’s date, I am informed of the protest
directed to the court of my charge, against the imprisonment of the mate
and crew of the American schooner Adriana. Cy deference and courtesy due
to the respectable dignity of the consul of the United States, which you
represent, I have the honor to inform you that the order for the arrest
of the mate and crew of the schooner Adriana was issued by the judge of
first instance, lawyer G. M. Ycaza, acting, then district judge, to the
chief politic and military commander, and that by his proceedings I can
plainly see the legal cause of the above procedure. The aforesaid order
not having as yet been complied with, another official note was directed
to the said chief politic and military commander, requesting the
immediate imprisonment of the said parties as before ordered in
conformity with the laws.
With the assurances, &c.,
