No. 252.
Mr. Morgan
to Mr. Frelinghuysen.
Legation of
the United States,
Mexico
,
June 2, 1884.
(Received June 13.)
No. 820.]
Sir: My dispatch No. 773, 21st March last, and its
inclosures, informed you of the steps I had taken to procure an
investigation of the case of Howard C. Walker, charged by the Mexican
authorities at Minatitlan with having stolen wood.
I have now to report to you that on the 15th of May last I received a letter
from Mr. Walker, dated the 3d of that month, in which he stated his case to
me and asked for such assistance as it might be in my power to render him.
To this letter I replied on the 16th.
Señor Fernandez not having furnished me the information he said he had asked
for from the governor of Vera Cruz (see inclosure 4 in my dispatch No. 773),
and as Mr. Walker’s case, as stated by him, appeared to me to be a
particularly hard one, I addressed another note to Señor Fernandez on the
15th of May, 1884, reiterating the request contained in my note to him of
the 13th March last (inclosure 3 in No. 773).
On the 31st May I received Señor Fernandez’s reply (28th May), a copy and
translation of which I inclose.
Señor Fernandez states that he had asked for information from the governor of
the State of Vera Cruz, who, in turn, had made inquiries of the superior
court, but he does not state that the governor has been able, as yet, to
furnish him with any information in the case.
He further states that while he has made these inquires in this as in other
cases which I have brought to his notice, in compliance with my request,
with the view of bringing to the knowledge of the courts the irregularities
charged therein, it must not be implied therefrom that he has done so under
any authority of his department to supervise the action of the courts in
judicial proceedings which relate to private individuals, because of the
independence of the public powers, Federal and State.
And as regards Walker, he informs me that as he does not appear to have been
matriculated at the foreign office as a citizen of the United States, he
will be prevented from admitting any future official intervention in his
behalf.
Since my note to Señor Mariscal, of the 25th of September, 1882, written
under instructions contained in your No. 298, 24th of July, 1882, I have
several times called the attention of the Mexican Government to cases of
citizens of the United States held in confinement in the prisons of Mexico,
and asked for investigation and speedy trials, to none of which has
objection been made to my interposition on the ground that they were not
matriculated. I had therefore hoped, as my note of the 25th of September,
1882, has never been answered, that the Mexican Government had abandoned
that untenable position. It appears that I have been mistaken. Señor
Fernandez occupies it again.
Unless otherwise instructed I shall pay no attention to Señor Fernandez’s
suggestion that he will not accept the intervention of this legation in Mr.
Walker’s behalf should he need it, but will act under the opinion expressed
by you in your dispatch No. 298, above referred to.
I am, &c.,
[Page 367]
[Inclosure 1 in No. 820.]
Mr. Walker to Mr.
Morgan.
Minatitlan
,
May 3,
1884.
Sir: My name has been previously presented to
you by Capt. J. H. Hoff, consular agent at Coatzacoalcos, in connection
with the affair of the Norwegian bark Circassian. I am an American
citizen, resident of Saint Louis, Mo. My father, Col. Leo D. Walker; my
relations there, whom you undoubtedly know—uncles, Samuel B. Churchill
and Francis T. Bryan; other members of my family, the Schaumbergs,
Smaringins, Goods, Wash, Clarks, and Taylors of the old Taylor
homestead. United States Senator Blackburn is a connection of mine;
Senators Hampton and Butler warm and intimate friends of my mother’s
family, the Turnbulls of South Carolina. I, for the past two years, have
been shipping or river clerk for Mr. R. H. Leetch, of this place, the
heaviest mahogany merchant in the Republic, and in pursuance of my
legitimate business shipped on board the bark Circassian, together with
other timber, some hundred and odd logs of mahogany, which I afterwards
learned were claimed by one Jose” B. Teran, but all bearing the brand of
Mr. Leetch and undoubtedly his property. The ship has been discharged by
order of the tribunal and not one log was found with the mark claimed by
said Teran, yet from pure maliciousness I am still held a prisoner. I
thought no more of the matter until suddenly one day, the 19th of March,
1883, while discharging my duties as clerk, I was arrested and thrown
into a miserable prison, and an accusation or charge brought against me
for robbery of timber.
I became very ill with fever, and was taken out of prison and sent to my
house. After my recovery nothing more was said to me until the 12th of
February last, when I was again arrested on the same charge and again
thrown into prison, where I have remained, and from whence I am now
writing. Confined here with the most reckless class of criminals, lepers
and Indians, with all classes of diseases, I have once come near dying,
and am still in wretched health. Mr. Leetch has offered to give any
amount of bond required for me, but it is refused. The judges are ail
acting in the most illegal and extraordinary manner, and are men of
utter irresponsibility, who, outside of their clique have not the
respect of the most ignominious Indian. I have formally accused them all
before the tribunal. I feel that I am the subject of a deliberate
conspiracy, planned to satisfy private malice. Innocent of the
accusation brought against me, my character having been hitherto
untarnished, and after being a prisoner for more than fourteen months
without trial, and a determination being evident not to allow me one,
and seeing no end of this matter in the near future, I make a positive
and urgent appeal to you, as my minister, to take immediate telegraphic
action to secure my liberty and rights as an American citizen, for I
will die in this horrible prison, which, from its crowded and unhealthy
condition can be truthfully compared to the Black Hole of Calcutta.
I ask only a faithful and prompt execution of the
laws of the country, which would set me free, and I appeal to you as the
representative of our nation to afford me the assistance which is in
your power, and which I feel sure you would have sooner extended had you
been fully cognizant of the facts of the case.
Awaiting your reply before taking further steps, I am, &c.,
[Inclosure 2 in No. 820.]
Mr. Morgan to Mr.
Walker.
Legation of the United States,
Mexico
,
May 16,
1884.
Sir: Your letter of the 3d instant was received
yesterday.
Consular Agent Hoff’s undated dispatch, which I received on the 15th of
March last, was the first intimation made to me of your arrest and
imprisonment. On the same day that I received his dispatch I called the
attention of the Mexican Government to your case, and asked for a speedy
investigation thereof.
The secretary for foreign relations replied, on the. 17th March, that he
had asked for information upon the subject from the governor of the
State of Vera Cruz. On the receipt of your letter of the 3d instant, I
addressed another note to the foreign office, again asking that you be
afforded a speedy trial, of all of which I informed Mr. Hoff on the 21st
March.
I have done, and shall continue to do, everything in my power to protect
you in your rights.
I am, &c.,
[Page 368]
[Inclosure 3 in No. 820.]
Mr. Morgan to Mr.
Fernandez.
Legation of the United States,
Mexico
,
May 15,
1884.
Sir: On the 15th March last I called your
honor’s attention to the case of Howard C. Walker, a citizen of the
United States, who had been arrested on the 19th of March, 1883, by the
Mexican authorities at Minatitlan (or Coatzacoalcos), and who was, at
the date of my note, still in prison upon the charge of having stolen
some lumber. I asked that prompt investigation be had of his case in
order that, if innocent of the charge under which he was held in
confinement, he might be set at liberty. On the 17th of the same month
your honor informed me that you had asked for information respecting the
case from the governor of Vera Cruz. Two months have elapsed since the
date of your note, and I have heard nothing further from you upon the
subject.
In the meanwhile I have received a letter from Mr. Walker, dated the 3d
instant, in which he informs me that he is still in prison. Mr. Walker
states that as the shipping agent of Mr. R. H. Leetch he had shipped on
the Norwegian bark Circassian some mahogany logs; that these logs were
claimed by Mr. José R. Teran; that the vessel was discharged of her
cargo by order of the tribunal of the district, and that none of the
logs were marked as claimed by Mr. Teran.
The date at which the circumstance took place I have not been told, but
on the 19th of March, 1883, Mr. Walker was arrested, as above stated,
and thrown into prison. He fell ill and was sent to his own house. After
his recovery nothing was said to him until the 12th of February last,
when he was again arrested upon the same charge and again sent to
prison, where he now is “confined,” as he says, “with all classes of
criminals, lepers and Indians, with all classes of diseases.” He informs
me that since his second arrest he has been once near the point of
death, and that he is still in wretched health. He has offered to give
bond pending the proceedings -against him, but his offer has been
declined.
What Mr. Walker asks is a faithful and prompt execution of the laws of
Mexico. And this, I think, it must be admitted he is entitled to. It is,
therefore, my duty to again call your honor’s attention to Mr. Walker’s
case, and to claim for him the speedy trial to which he is entitled.
I renew, &c.,
[Inclosure 4 in No.
820.—Translation.]
Mr. Fernandez to
Mr. Morgan.
Department of Foreign Relations,
Mexico
,
May 28,
1884.
Mr. Minister: As I said to your excellency in
my note of the 17th of March last, in reply to yours of the 13th of the
same month with reference to the imprisonment of Howard C. Walker, at
Minatitlan, this department asked for information concerning the
circumstances of the case of the governor of the state of Vera Cruz who
has answered that he, in turn, has asked for information of the supreme
court of justice of that State.
As well to comply with the courteous application which your excellency
made in your note referred to, as well as with the view of bringing to
the knowledge of the competent tribunal the irregularities which it is
alleged have been committed in Walker’s case, the department under my
charge considered it proper to take that step, as it has taken it in
other similar cases which your excellency has brought to its notice, but
without implying the faculty or the possibility of this department to
supervise the judicial proceedings which affect particular individuals,
by reason of the independence of the public powers into which the
Government, Federal as well as State, is directed.
I consider it the more necessary to make this explanation to your
excellency in respect of your note relating to Walker, of the 15th
instant, inasmuch as it does not appear from matriculation register that
that individual is a citizen of the United States, a circumstance which
prevents me from accepting the ulterior official intervention of your
excellency in the matter.
I renew, &c.,
