No. 243.
Mr. Frelinghuysen to Mr. Morgan.

No. 492.]

Sir: I transmit herewith a copy of a dispatch from the consul at La Paz, of the 19th ultimo, concerning the case of Captain Caleb, late master of the American schooner Adriana. It will be perceived that the Mexican circuit court at Culiacan has confirmed the sentence pronounced upon Captain Caleb by the district court at La Paz, and that he has now to suffer five years’ imprisonment, commencing from the date of his arrest. It is also shown that the Adriana has been sold, and reported that Captain Caleb has, through his attorney, petitioned the President of Mexico for a pardon.

Your familiarity with the facts of Captain Caleb’s arrest, trial, and conviction, from the papers which have from time to time been sent to you, renders unnecessary any extended remarks upon these points. They afford, however, in the judgment of the Department, good and sufficient grounds upon which to present his case anew, with all its attendant circumstances and hardships, to the Mexican Government, in support of the prisoner’s application for a pardon. It is thought also that as a measure of justice to Captain Caleb, who has assuredly suffered much, the President of Mexico might be induced, upon proper [Page 347] representations, to remit the balance of the sentence which that unfortunate man is compelled to undergo.

While not disposed to interfere with the due course of law in Mexico, yet I am induced to believe, from a thorough knowledge of all the facts of Captain Caleb’s case, that the ends of justice will have been sufficiently met by the punishment he has already borne, and that by the exercise of his prerogative in that case the President of Mexico will afford a strong proof of his friendship for this Government and at the same time be guilty of no measure of injustice to his own Government.

You will, therefore, suitably present Captain Caleb’s case to the Mexican Government and invoke executive clemency on his behalf.

I am, &c.,

FRED’K T. FRELINGHUYSEN.
[Inclosure in No. 492.]

Mr. Viosca to Mr. Davis.

No. 58.]

Sir: In acknowledging the receipt of dispatch No. 34, dated November 27 of this year, wherein I am directed that the Department of State desires a report of the present condition of the case of Captain Caleb, late master of American schooner Adriana, arrested and tried for smuggling, and of any further proceedings therein held since Mr. Beach’s investigation of the affair, I have the honor to inform the Department that nothing of consequence has transpired in the referred matter from the time of Mr. Beach leaving this place, except what already has been reported in my dispatch No. 44 of August 16 last, relative to the Mexican circuit court at Culiacan, Sinaloa, having confirmed the sentence of the district court of this city; therefore Captain Caleb is now confined to suffer the penalty of five years’ imprisonment, commencing from the first day of his arrest.

The schooner Adriana was sold at public auction on the 23d and 26th of October, 1883, as per accompanying notice, published in the Weekly Voz de California of the 17th, also of its corresponding translation.

On the 21st of the above said month Captain Caleb, convicted, was officially transferred from the jurisdiction of the federal court to that of the governor, who is to put in execution the penalty decreed of five years’ imprisonment; consequently, the governor issued orders at once for the removal of Captain Caleb from his private residence into the public jail, where he remained until the 30th of said October, when, at my instance, the governor released him under parole of his keeping within the boundary of the private residence he now occupies. I have also been informed that subsequently, and through his attorney, Captain Caleb has petitioned to the President of the Republic of Mexico requesting pardon.

I am, &c.,

JAS. VIOSCA, Consul.
[Translation.]

notice.

The goods and vessels confiscated by judicial sentence will be sold at public auction on the 25th day of present month.

A full-rigged schooner of 96 tons burden, called the Adriana.

One boat, sloop-rigged, of 6 tons burden.

One diving apparatus.

Four quintals pearl shells.

Four packages, containing ready-made clothing of broadcloth, cashmere, woolen, linen, silk, cotton, artificial flowers, hats, cravats, &c.

Which is hereby made publicly known for the persons that may interest themselves in the purchase of the said goods and effects, to be present at the custom-house at the above named day, with the corresponding bonds.

F. G. GRINDA.