No. 400.
Mr. Davis
to Mr. Morgan.
Washington , May 28, 1883.
Sir: Your dispatches numbered 611 and 612, of the 6th and 8th instant, respectively, in relation to the case of the Adriana, have been received. While sharing your view that the sentence of confiscation decreed against the vessel, and of five years’ imprisonment in the case of the captain, is harsh in the extreme, the Department is unprepared to point out the course to be taken in further remonstrance without possessing the full record of the proceedings. This, it seems, you have instructed Consul Yiosca to procure and forward to you and to the Department as well.
The case is deemed by the President to be one calling for the fullest investigation and the putting forth of every exertion on the part of the officers of this Government to make sure that the judgment is just and equitable. To this end he has directed that a Competent officer proceed to La Paz and investigate the case on the spot. Mr. Horatio N. Beach, late consul at Puerto Oabello, and now appointed to Guayaquil, has been designated for the mission, and will leave for La Paz by the first steamer. Copies of the pertinent papers have been given to Mr. Beach. His instructions authorize him, in case it shall appear advisable so to do, to proceed to the city of Mexico and confer with you.
The precise effect of applying for an “amparo,” as you suggest, in view of the proceedings in revision or on appeal, is not fully understood here. If, however, it should appear conducive to the full defense of Captain Caleb and the establishment of justice in his case, you are authorized to employ it, or any other legal remedy which may be open in his behalf, and, if necessary, the expense of taking such a step may be charged to the Department.
You may even, if you deem it necessary, employ a competent legal adviser to protect the interests of the captain and vessel before the superier courts, being careful, however, to limit the expense within as reasonable bounds as possible.
I am, &c.,
Acting Secretary.