No. 243.
Mr. Frelinghuysen to Mr. Morgan.
Department
of State,
Washington, January 17,
1884.
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.,
[Inclosure in No. 492.]
Mr. Viosca to Mr.
Davis.
United
States Consulate at La Paz,
Mexico,
December 19,
1883.
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.,
[Translation.]
notice.
Maritime Custom-House of La
Paz.
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.
La
Paz, October 1,
1883.
