No. 407.
Mr. Morgan
to Mr. Frelinghuysen.
Mexico, June 13, 1883. (Received June 29.)
Sir: I have received your dispatch No. 408, 28th May, 1883. Since my dispatches Nos. 634, 30th May last, and 638, 4th June, I have received a dispatch from Consul Kelton, No. 21, 30th May, 1883, informing me that the judge before whom Captain Caleb would ordinarily be tried has been “recused” (recusado), under the advice of Caleb’s counsel, and that the court will be presided over by one of the suplentes, but which one of them he was not able when he wrote to inform me.
Amparo in Mexican law is a generic term for injunction, prohibition, habeas corpus, and other conservative writs. It issues as a protection against the illegal proceedings of judges, courts, and officials. As the proceedings against Captain Caleb are in the federal courts, and as these proceedings, as they appear to me from the reports I have had of the case from our consul at La Paz, as well as from the judgment of the court of first instance, have been contrary to the laws of the country and in violation of Captain Caleb’s rights, it occurred to me that if the supreme court could be placed in possession of the case he would be more likely to obtain justice. Also, I consider that it would be of service to citizens of the United States trading with Mexico if the officials of the Government could be informed by an authoritative decree of the court of highest resort that proceedings such as had been instituted [Page 658] against Captain Caleb were illegal and could not be successfully carried out. Hence my suggestion that an effort be made in that direction.
You will have seen by my dispatch No. 638, 4th instant, that Señor Rubio, to whom I submitted the question after the receipt of your telegram of the 25th May last, is of the opinion that, at the present stage of the proceedings at least, an amparo would not lie. I informed you by cable on the 30th ultimo (dispatch No. 634, 30th May, 1883), that Captain Caleb was provided with counsel. I therefore see nothing to be done until the case shall have been disposed of by the appellate court. As that court sits at Culiacan, State of Sinaloa, within Consul Kelton’s consular jurisdiction, I have requested that officer to furnish you, as well as myself, with the result of the appeal, as soon as it is made known.
I am, &c.,