Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

No. 774.
Mr. Bayard to Mr. Bragg.

Department of State,
Washington, March 15, 1888.

No. 8.]

Sir: Referring to the subject of the murder of Leon McLeod Baldwin, a citizen of the United States, of which Mr. Connery informed me in his dispatches No. 239, of October 4, 1887, and 251 of October 19, 1887, I have now to call your attention to the statements presented to this Department in behalf of the widow of the murdered man, and the investigations made by Mr. Sutton, consul-general of the United States at Matamoros, during his recent tour of inspection. From the statements so furnished, and inquiries so made, the facts in the case seem to be established beyond any reasonable doubt. It appears that Mr. Baldwin, at the time of his death and for a number of months previous thereto, was employed as a mining engineer and superintendent by W. W. Carroll, esq., and others, who are citizens of the United States residing in the State of Durango, Mexico, and extensively engaged in mining and ranching near the village of Ventanas. The Valenciana mine, the scene of the murder, is owned by Mr. Carroll and his associates, and is situated about 8 miles from the town of Ventanas, which is itself distant about five days’ travel by mule-path from the city of Durango, with which it is now connected by telegraph.

On August 19, 1887, the day of the murder, Mr. Baldwin was engaged in making an inspection of the mining property of his employers, and rode out upon a mule to the Valenciana mine. While in the act of alighting he was suddenly fired upon and dangerously wounded by two well-known outlaws, named Carlos Martinez and Vicente Becerra, who had secreted themselves behind some rocks near the mouth of the tunnel which led into the mine. Mr. Baldwin, although, seriously wounded, was able to retreat into the mouth of the tunnel, which was then occupied by several Mexican employés of the company. A parley ensued between the miners and the assassins, in which the latter threatened to attack the unarmed miners if Mr. Baldwin were not given up, but promised that if he would come out of the tunnel and surrender himself they would treat with him on a money basis and do him no harm—in other words, would hold him to ransom. Relying upon this promise and supposing that he could purchase his release, as had been done in other cases hereafter to be stated, Mr. Baldwin surrendered himself, was permitted to mount his mule, and was led away. After he had been gone some minutes the miners heard five shots fired, and following the direction from which the sound came they found Mr. Baldwin lying dead. It appeared that he had been shot through the head, and there was also a wound upon his person which indicated that he had been struck with some blunt weapon.

This cruel and unprovoked murder is not by any means, it, must be observed, the first occurrence of the kind at Ventanas and its immediate neighborhood. The evidence seems to be clear and satisfactory that for some months previous to August last bandits under various leaders have robbed, murdered, and levied contributions on all who had had anything worth taking; and that during this period they have dominated a large section of country in that mountainous region, where they have enjoyed the sympathy and assistance of many of the inhabitants.

Specific instances of outrages committed by these banditti upon citizens of the United States are not wanting.

Previous to the 29th of May, 1886, it would appear that the immediate neighborhood of Ventanas enjoyed a reasonable degree of order and security. On that day, however, an organized band under the command of one Eraclio Bernal took forcible possession of the town of Ventanas, seized the property and mines owned by Mr. Carroll and his associates, as well as other property owned by certain other foreign residents, and demanded a tribute of several hundred dollars as a condition for surrendering the property so seized.

The persons who thus forcibly captured the town imprisoned at the same time several of the inhabitants, foreign and native, among whom was Don Tiburcio Quiros, the jefe político of the place, who was within two or three days afterward murdered by them in cold blood. Mr. Carroll and the other foreign residents appealed to the Mexican Government through its duly constituted authorities for protection from these outlaws; but protection was not furnished, and they were forced to pay to Bernal and his companions the ransom thus levied. The payment of this tribute they hoped would result in leaving them for the future unmolested. Events proved that this expectation was unfounded.

Connected with the mining property owned by Mr. Carroll and his associates is a ranch known as the “Ciudad Rancho,” which is distant about 18 miles from Ventanas, upon the road to Durango. Messrs. Carroll & Co. employed as superintendent of this ranch an American named James L. Smith. On March 2, 1887, a descent was made upon this ranch by a number of persons, the property was plundered, and Mr. Smith was murdered under circumstances peculiarly atrocious and heartless. As the Department is informed, the party who thus murdered Mr. Smith included in its members the same Martinez and Becerra who subsequently murdered Mr. Baldwin. These assassins are reported to have mingled freely, immediately after Mr. Smith’s death, with the people and the constituted authorities of the vicinity. It seems, however, that no effort whatever was made to arrest them, nor any disposition manifested to bring them to justice.

The facts in relation to the murder of Mr. Smith and the plunder of the “Ciudad Rancho” were fully communicated by Mr. Carroll and his associates to the Mexican authorities, and an urgent request was made to send some sufficient and properly organized force to afford protection to American residents. It would appear, however, that the raid by Bernal upon Ventanas in the previous May and the murder of the jefe político had entirely paralyzed ail efforts to preserve order. No adequate measures, nor, indeed, any serious steps, were taken either to punish the guilty persons or to prevent a recurrence of their depredations.

After the murder of Mr. Smith Messrs. Carroll & Co. employed and sent to their ranch as superintendent another American, named James C. Blanche; he also was murdered by the same gang of banditti on June 23, 1887. After killing Mr. Blanche and plundering the place the criminals rode away to a neighboring village, where they openly stated in the presence of citizens and Mexican authorities that they had killed a foreigner at the ranch, exhibited money which they stated they had taken from the person of their victim, and announced their intention of driving the whole “Gringo” company (meaning Mr. Carroll and his associates in business) out of the country.

This murder and the aggravating circumstances attending and following it were immediately and urgently placed before the Mexican authorities by Mr. W. W. Carroll, who personally called upon the governor of the State of Durango and urged that some effective steps be taken to punish the offenders and give real protection to the Americans of the place. As the Department is informed, the governor of Durango took no efficient measures to comply with this demand, and the notorious outlaws who had been concerned in the above-mentioned murders and robberies remained at large.

On July 8, 1887, Mr. W. W. Carroll was on his way to his ranch to visit Ventanas; when about three hours’ ride from the ranch-house he was stopped by two men armed with rifles, who ordered him to proceed ahead of them up a precipitous hill. He was there brought before the commandant of the party, who, after some talk, robbed him of all the money in his possession, amounting to $153, and released him upon his promise to pay $500 more, which sum Mr. Carroll paid upon the following day.

Soon after this, as the Department is informed, Mr. Swartwout, an American, living about 8 miles distant from Ventanas, was also robbed and held to ransom; but the particulars of this outrage have not been communicated to the Department.

It thus appears that although for some months previous to the 19th of August (the date of Mr. Baldwin’s murder) robbery, kidnapping, and homicide had been frequent crimes in that vicinity, and although the facts were perfectly notorious and had been brought to the attention of the Mexican authorities, not only by the representations of Mr. Carroll and others, but also by the fact that one of the victims was a prominent public official of Ventanas, nothing whatever had been done to render life and property secure.

Subsequently to Mr. Baldwin’s death, steps were taken which resulted in the suppression of the bands of outlaws who had been principally concerned in the disorder of that neighborhood. On August 29, ten days after the murder of Mr. Baldwin, the same party of brigands captured a place called Durazno, robbed one Don Ignacio Amescua, and took his son and another person captive. This culminating outrage, inflicted upon citizens of Mexico and not of the United States, seems to have excited the Mexican population to such an extent that they voluntarily organized and pursued the robbers, dispersed the band and killed five of their number, among whom appear to have been Martinez and Becerra, the two persons concerned in the murder of Mr. Baldwin.

On October 19 Mr. Connery presented to Mr. Mariscal, verbally, an account of the circumstances attending Mr. Baldwin’s death, and he then promised to lay before the Government of the United States the result of an investigation which the Mexican Government had made. Mr. Romero, Mexican minister at Washington, has since that time communicated to this Department certain information received from his Government, and the statements therein contained do not in any material respect contradict the testimony which I have been able to procure and which I have hereinbefore summarized for your guidance. Indeed, Mr. Romero’s communications fully establish the fact of the notorious and admitted condition of lawlessness which existed at or near Ventanas for some months previous to the time of the murder of Mr. Baldwin. There is nothing whatever in the evidence before the Department to show any serious attempt on the part of the Mexican Government during these months to restore order or to protect life or property in that part of the country.

There is reason to believe that a desire for plunder was not the sole motive in these repeated crimes; a hatred of the citizens of the United States in general seems to have actuated the criminals, and in this feeling they had the sympathy and active support of a large part of the native population of Ventanas.

Messrs. Smith and Blanche, as well as Mr. Baldwin, were murdered under circumstances so peculiar and aggravated as to show conclusively that it was native prejudice and hatred, in part at least, which led to their killing.

Threats were repeatedly made by the disorderly native inhabitants against the entire “Gringo Company” (meaning Messrs. Carroll & Co.), Mr. John D. Almy, Mr. Edward L. N. Gilman, Mr. George F. Beveridge, Mr. W. W. Carroll, Mr. Swartwout, and Mr. Oliver all left Ventanas in fear of their lives, and the evidence before the Department leaves no room to doubt that that fear was abundantly justified by the facts, and would have been shared by any man of ordinary courage and firmness. That the threats against the lives of these citizens of the United States engaged in business in Ventanas were not mere words, is but too clearly shown by the facts. Smith’s life was threatened, and he was killed; Blanche’s life was threatened, and he was killed; Baldwin’s life was threatened, and he was killed. There is no trace of any personal grudge against these men, but there was a general menace and demand that they should quit the country. “No adequate conception,” says Mr. Gilman, in his statement to the Department, “can be had of the intense prejudice and hatred by the Mexican inhabitants of Ventanas against foreigners, and especially against Americans.”

The circumstances of the cruel murder of Mr. Baldwin lead strongly to the belief that plunder was not its sole, nor indeed its principal, motive. He was shot at from behind rocks. He offered to treat on a money basis,” and immediately after was murdered in cold blood. He was not killed in a personal conflict while trying to defend himself. His murderers did not rob him, and his watch was found upon his person after his death. There can be no escape from the conviction that the motive of the crime, at least, was a passionate race hatred; for there is no pretense of any personal disagreement between him and either of the men who were immediately concerned in his death.

The facts which I have given above present, as you will at once see, an issue of great importance, not merely to the family of the murdered men, but to the citizens of the two countries whose business it so seriously affects.

Mexico, in pursuance of a policy of wise development of her material interests, has, by numerous legislative acts and executive decrees, invited foreign capitalists, engineers, miners, and business men of skill and enterprise to unite in bringing into market the great wealth, mineral as well as agricultural, which remains as yet unutilized in her territory. It is not merely for the benefit of Mexico, but of commerce in general, that this invitation should be accepted and successful; and it is due to the Mexican Government to say that the invitation has not only been given earnestly and with every promise of support should it be accepted, but that in many instances the protection thus promised has been bestowed with results at least as beneficial to Mexico as to the parties who thus contributed their skill, money, and energies to further important enterprises.

It is evidently a matter of the utmost importance to Mexico that the immigrants to be attracted within her borders shall be industrious, thrifty, and law-abiding citizens; and it is no less evident that such persons will not risk their persons or their property where they can not feel assured that at least some reasonable effort will be made by the authorities to extend to them the protection of the law.

In the present case it abundantly appears that the citizens of the United States who have suffered from the unchecked lawlessness I have described, were of that class which it has been the constant purpose of the Government of Mexico to attract.

They were not adventurers or desperadoes, such as are always attracted to scenes of lawlessness and disorder. On the contrary, it is unquestioned that they were engaged in useful enterprises on a large scale, which had for their object the development of the industrial resources of the country. No imputation upon the character or conduct of Mr. Carroll or of his associates, or of Messrs. Smith, Blanche, or Baldwin, their employés, has ever been suggested. It is, moreover, to be especially noted that although for months they all went in daily fear of attack, and although repeated application for protection is said to have been made vainly by them to the Mexican authorities, yet they had not resorted to any extra legal measures of defense. Relying, instead, as they had the right, upon the invitation and friendly disposition of the Mexican Government, and upon its ability to give protection to those who thus were induced to come under its laws and who obeyed them, three blameless and worthy American citizens have been betrayed to their death.

I have already called your attention to the facts which tend to show a negligence of the security of the inhabitants of Ventanas and its neighborhood. The notoriety and frequency of crimes of violence, the prominent position of the victims, the public and open fraternizing of the local officials with the well-known authors of these crimes, the fact that the authorities had such full notice of recent outrages of this class as should have put them on their guard and yet that they remained regardless of their duty, all these conditions concur to indicate an indifference amounting almost to an acquiescence in continued wrongdoing, which would constitute a condition of affairs for which responsibility may justly be said to rest with the Government of Mexico. It appears that the valuable interests supervised by Mr. Baldwin, and his still more valuable life, were left wholly without protection and at the mercy of ruffians by whom he was murdered, and the property under his control irreparably injured. The case thus viewed is one in which the protection promised by and due from Mexico has been so withheld as to make the withholding the cause of the calamity above recited.

It is further to be considered that existing conventional relations between the Governments of Mexico and the United States are of a peculiarly intimate and friendly character, such as befit two neighboring and friendly peoples, and give especial force to the case now presented.

It is impossible for me to doubt that the enlightened Government of Mexico, upon full presentation of the facts of this case, will at once, not merely from its own sense of justice, but in view of the importance of affording due protection to those agencies which bring American energy and capital at her invitation within her boundaries, take prompt measures to render an appropriate redress to the representatives of Mr. Baldwin.

You will therefore lose no time in calling upon the minister for foreign affairs and communicating to him the views herein expressed, and may leave with him, if desired, a copy of this instruction.

I transmit herewith for your personal information, and not for communication, copies^* of certain documents relating to this case.

I am, etc.,

T. F. Bayard.

[Inclosure 1 in No. 8.]

memorial and petition of janet m. baldwin.

Hon. Thomas F. Bayard,
Secretary of State:

The memorial and petition of Janet M. Baldwin, a resident of the city and county of San Francisco, State of California, respectfully shows:

1. That she is the widow of Leon McLeod Baldwin, deceased, who was, during his lifetime, a citizen of the United States of America.

2. That the said Leon McLeod Baldwin was, as your petitioner is informed and verily believes, murdered by armed citizens of the Republic of Mexico, on the 19th day of August, 1887, near a certain gold and silver bearing quartz mine of which he was at said time superintendent, known as the “Valenciana” mine, and situated about eight miles from the town of Ventanas, in the State of Durango, in said Republic of Mexico.

3. That the facts and circumstances immediately connected with said murder are not personally known to your petitioner, but are only known to her through letters and correspondence received by her as the widow of said deceased, and also by other persons, relatives and friends of said deceased, from reliable sources and from credible persons in Mexico, whose names are hereinafter mentioned, who have carefully inquired into the affair, and from said sources and in reliance upon the statements of said persons your petitioner alleges upon her information and belief that said facts and circumstances were as follows, to wit:

That on the said 19th day of August, 1887, the said Leon McLeod Baldwin was engaged in his business as a mining engineer and superintendent in the employ of Messrs. W. W. Carroll, Wallender, Ward, and Almy. The said Carroll and his associates were each and all of them citizens of the United States, residing in the State of Durango, in said Republic of Mexico, and were sometimes designated “The American Company.” Said company was engaged in carrying on the business of gold and silver quartz mining near and in the vicinity of said town of Ventanas as aforesaid, with the full permission, and under the promise of the protection of the Government of Mexico. That one of the mines owned and worked by the said Carroll and his associates and of which the said Leon McLeod Baldwin was superintendent was the Valenciana mine, situated about eight miles by the road from the said town of Ventanas. That while the said Leon McLeod Baldwin was so engaged in the ordinary discharge of his duties as aforesaid, on said 19th day of August, 1887, and while he was in the act of alighting from the mule upon which he had ridden from said town of Ventanas to the said Valenciana mine, he was suddenly fired upon and dangerously wounded in the right shoulder by two well-known and desperate Mexican outlaws, whose names are, as your petitioner is informed and verily believes, Carlos Martinez and Vicente Becerra, who had screened themselves behind some rocks near the mouth of a tunnel which led into said mine. The effect of said wound was so serious as to render the wounded man incapable of using his/right arm, but he succeeded in getting his pistol in his left hand and retreating into the mouth of the tunnel, which was occupied by Mexican employés of the company.

The assassins at once demanded of the miners that Mr. Baldwin should come out of the tunnel and surrender himself, and said: “We intend to make away with the entire ‘Gringo’ Company [meaning the ‘American’ Company] one by one in the same way; and unless you bring him out at once we will fire upon you.” The head miner reported the demand to Mr. Baldwin and he sent him back to inquire if it was money they wanted, and if so, that he would see that they were paid any sum they might demand. A parley then ensued between the head miner and the assassins, in which the assassins promised that if Mr. Baldwin would come out of the tunnel and surrender himself, they would treat with him on a money basis and do him no harm. Relying upon their said promise and supposing that he could “regulate” [negotiate] with them, as Mr. Carroll had done, as hereinafter set forth, he went out and surrendered himself to them. The assassins immediately ordered him to mount his mule. He succeeded in getting on the animal, but was so badly wounded and was so weak from loss of blood that he could not guide the animal. The assassins called a boy from among the miners and ordered him to lead it, and then departed. After they had been gone some time the miners heard five shots fired, and, upon following the direction from which the sound proceeded, they found Mr. Baldwin lying dead upon the trail, shot through the head, the ball entering his right eye, going through his skull and coming out at the back of his head. They also found a wound upon his person which indicated that he had been struck with some blunt weapon.

4. Your petitioner further alleges, upon her information and belief, as aforesaid, that within a period of three months prior to the occurrences above mentioned, three other grave crimes had been committed against American citizens, employed by, and connected with, said American Company, the facts and circumstances of which are as follows, to wit:

Connected with and forming a part of the mining property owned by the said W. W. Carroll and his associates, otherwise known and designated as aforesaid, as the “American Company,” was a rancho in the vicinity of said town of Ventanas, the superintendent of which was an American, named Smith. The same persons who subsequently murdered Mr. Baldwin, as hereinbefore set forth, with other Mexicans to your petitioner unknown, made a descent upon the said rancho, murdered the said Smith, plundered the rancho, and departed in perfect safety, and thereafter mingled freely with the people and the constituted authorities of the vicinity, who made no effort whatever to arrest them and bring them to justice.

The facts relating to the murder of said Smith and the plunder of the rancho were fully communicated by the said W. W. Carroll and his associates to the proper authorities of Mexico, and an urgent request made to send some properly organized force to afford protection to the American residents and employés of the company. But, as your petitioner is informed and verily believes, no adequate measures were taken to punish the outlaws or prevent a recurrence of their depredations.

After the murder of Mr. Smith as hereinbefore set forth, the said W. W. Carroll and his associates employed and sent to their said rancho another American citizen, named Blanche, to take the charge and superintendency of said rancho. He, too, was murdered by the same gang of Mexican assassins who, after robbing his person and plundering the place, rode away fifteen miles to a village where they openly stated in the presence of the citizens and constituted authorities of Mexico that they had killed the “foreigner” at the rancho, called together their friends, had a fandango or dance, exhibiting money which they exultingly said they had taken from the body of their victim, and viciously announced their intention of driving the entire “Gringo” Company out of the country.

The murder of Mr. Blanche and the peculiarly aggravating circumstances attending and following it were immediately and urgently placed before the Mexican authorities by Mr. W. W. Carroll, who personally urged upon the governor of the State of Durango that some effective steps be taken to punish the offenders and give better protection to the American employés of the company, who were murdered, not alone for plunder, but because they were Americans. The governor promised that he would do something, but your petitioner is informed and verily believes that he did nothing, or that what he did do was weak and ineffective.

Another crime less serious in its consequences, but equally flagrant in its character, was committed by the same gang of Mexican outlaws at or about the time of the perpetration of the foregoing offenses upon Mr. W. W. Carroll, one of the said “American Company.” Mr. Carroll, who enjoys the reputation in Mexico of being a man of large wealth, as well as a man of the strictest integrity, was waylaid on the public highway while traveling in the vicinity of the town of Ventanas, forced, upon the threat of being shot if he disobeyed, to walk to the top of a high mountain, taken before a “commandante” or chief, who upon discovering his identity demanded the sum of ten thousand dollars as a ransom for his release. He refused to promise what he could not fulfill. The command-ante then ordered him to be taken from the camp and shot. Finding him firm and unyielding in his determination not to pay so large a sum, they began to “regulate” [negotiate] with him, and finally agreed to accept the sum of five hundred dollars, in addition to the sum of one hundred and fifty dollars which they took from his person. He agreed to their terms, was released, and immediately upon arriving at his destination remitted to them the five hundred dollars agreed upon.

5. Your petitioner is further informed and verily believes that a little more than a year preceding the commission of the crimes hereinbefore described and set forth a noted Mexican marauder named Eraclio Bernal, and a band of followers, took forcible possession of all the mines owned by Mr. W. W. Carroll and his associates and demanded a tribute of ten thousand ($10,000) dollars, and in order to enforce their demand took one Don Tiburcio, the sheriff of the county, as a hostage. Mr. Carroll and his associates appealed to the Mexican Government for protection, but protection was not furnished them, and they were forced to pay, and did pay to said Bernal, the sum of ten thousand ($10,000) dollars in monthly installments of two thousand ($2,000) dollars a month.

That notwithstanding said payment Don Tiburcio was shot in violation of the agreement under which he was held, solely upon the ground that he was “suspected of sympathizing with the Americans.” The facts relating to this case were laid before the Department of State by John W. Twiggs, esq., of this city, in October, 1886, and, as your petitioner is informed and verily believes, were transmitted by the Department of State to the American consul at Mazatlan for verification, and your petitioner therefore refers to said statement, and makes the same a part of her petition and memorial herein.

6. Your petitioner further alleges, upon her information and belief, that when the occurrences set forth in the last preceding paragraph took place the said W. W. Carroll wrote a letter fully setting forth said facts, and transmitted the same to Daniel Turner, an American citizen residing in the City of Mexico, requesting him to place the same before the Mexican Government and ask for protection. That said communication was placed before the American minister, Mr. Manning, who presented the same to the Mexican Government, and that he was informed by the Mexican Government that “it had no troops that it could place there.”

7. Your petitioner further alleges that the assassination of her husband, the said Leon McLeod Baldwin, by Mexican outlaws, was the direct result of the gross neglect of the Mexican Government in failing to protect him against the Mexican prejudice and Mexican hatred which exists against Americans in that vicinity of Mexico, where he was peaceably engaged in attending to his legitimate business, under the promise of the protection of the Mexican Government. That numerous appeals were made to the constituted authorities of the county, also to the governor of the State of Durango, as also to the head of the Mexican Government at the City of Mexico, as hereinbefore set forth, and that no adequate attention was paid to said appeals. That as late as the 21st day of July, nearly one month prior to the murder of Mr. Baldwin, which occurred, as aforesaid, on the 19th day of August, the said W. W. Carroll applied personally to the governor of Durango for assistance, and, while promises of assistance were freely made, none was given until some time after Mr. Baldwin’s murder, and then only ten men were sent to the place of the murder. That during the three months intervening between the murder of Mr. Smith and that of Mr. Baldwin no adequate measures were taken to furnish protection against the murderers, who openly avowed their intention of killing, one by one, the entire “Gringo” [or “American”] Company; and no measures whatever were taken to bring the assassins to justice, or to punish them for their crimes. That an absolute reign of terror existed in that vicinity for a long time prior to Mr. Baldwin’s murder, of which the Mexican authorities had full and repeated notice, and said authorities either feared to interfere or were leagued in sympathy with the murderers. That the constituted authorities were openly defied by the murderers, who had at all times the undisguised sympathy of the common people with whom they mingled. The assassins boldly stated to the miners, after they had fired the first shot into Mr. Baldwin, and while he was striving to find safety from them in the darkness of the tunnel, that they “were going to finish up all the Gringos, one by one, in the same way,” and subsequently took no pains to conceal their whereabouts or their identity from the people in the vicinity, and enjoyed perfect immunity from arrest by the officers “of the county where they dwelt. To such an extent are the constituted authorities still defied, and so formidable is the reign of terror which still exists there, that the said W. W. Carroll and his associates dare not openly offer a reward for the apprehension and punishment of the murderers, but appealed to the said Daniel Turner, a resident of the City of Mexico, and a brother-in-law of Mr. Baldwin, to allow them to offer a reward in his name, to avoid the personal danger to themselves which they apprehended from having their names appended to the offer. That for months prior to the murder of Mr. Baldwin, and since said murder, the said W. W. Carroll and his associates and employés have been receiving warnings that their movements were watched, and not to expose themselves to assassination. So well aware was Mr. Baldwin of the danger that surrounded him on every hand that, before starting out on the tour of inspection on which he was engaged when he was murdered (and over a month before he was murdered) he wrote to his wife, your petitioner, to his only son, Murray Baldwin, a lad fifteen years of age, to his friend Mrs. Abbie M. Parrott, a lady of San Francisco, to his only brother, General John M. Baldwin, of the city of Los Angeles, California, such letters as he would have written if he had known he was going to his death; and left instructions that they be transmitted in case he did not return. Each and all of said letters have since been delivered to the said persons for whom they were intended, and in them he bears testimony to the reign of terror which then, and for a long time prior thereto, had existed, and to the threats that had been breathed against the American residents. In one of his letters, written about one month prior to his death, to his friend John W. Twiggs, assayer of the United States mint in San Francisco, Mr. Baldwin says: “So extreme is the hatred of foreigners that prevails among the people in that vicinity (referring to Ventanas) that to kill a ‘Gringo,’ no matter how, is regarded as a deed of prowess, and to rob one elicits the covert approval of the lower classes.”

8. Your petitioner further states, upon her information and belief, that no merely personal motive entered into the commission of any of said crimes. That no personal hatred or spite existed against either the said Mr. Smith, Mr. Blanche, Mr. Carroll, or Mr. Baldwin by the perpetrators of the outrages against them That the said Carroll and his associates do now and have always conducted their mining and other business in Mexico in a fair and upright manner, paying to their employés ample and satisfactory wages, and furnishing to them a far better class of supplies than is usually furnished to miners in Mexico. That neither said W. W. Carroll nor any of his said employés ever, at any time, had quarrels or personal altercations of any character, either with the perpetrators of said crimes, with the inhabitants of the country, or with the constituted authorities thereof; but each and all of said crimes were perpetrated against the victims because they were Americans and because of the prejudice and hatred which existed against them as Americans.

9. Your petitioner further alleges, upon her information and belief, that numerous other outrages and crimes not hereinbefore mentioned or alluded to were committed against American citizens in the vicinity of said town of Ventanas, within three months prior to the assassinations and crimes hereinbefore described and set forth. That among said crimes so committed against Americans was that against an unoffending American citiizen named Swartwout, who was robbed by the same band who perpetrated the other outrages hereinbefore alluded to. Another American citizen, named Oilman, sold and disposed of his interest invaluable mines near Ventanas for whatever price he could get, in order to be able to leave the country and avoid the reign of terror which existed there.

10. Your petitioner is further informed and verily believes that in less than two weeks after the assassination of her husband, the said Leon McLeod Baldwin, as hereinbefore set forth, the same band of Mexican outlaws visited a Mexican village named Durazno, distant about one day’s ride from Ventanas, robbed a Mexican merchant there, kidnapped his son, and captured and carried away one of the inferior judges of the village, for the purpose of ransom. This outrage committed against Mexican citizens aroused the Mexican inhabitants. Then, and not until then, did the citizens (not the constituted authorities) arouse themselves. They pursued and overtook the criminals, killed Carlos Martinez, one of the assassins of the said Leon McLeod Baldwin, wounded Vicente Becerra, another, and killed also Esporidon Morales, who had previously threatened Mr. Baldwin’s life for having discharged him from one of the mines, but who did not, as your petitioner is informed, participate in his murder.

11. Your petitioner further alleges that she has been advised by her counsel and she verily believes that if the facts hereinbefore set forth are true, she is, by the comity of nations, and under the principles of international law, legally and equitably entitled to demand from the Mexican Government a reasonable and proper money indemnity for the loss she and her son have sustained through the culpable neglect of that Government in failing to furnish protection to her husband, the said Leon McLeod Baldwin, an American citizen, against the lawless citizens of Mexico, after due and timely notice had been given to said Government to render such protection. And she is further advised, and she verily believes, that one hundred thousand ($100,000) dollars in gold coin of the United States would be a just and reasonable sum for her to demand and receive as the amount of such indemnity.

Wherefore, your petitioner presents this her memorial and petition to the Department of State and prays:

• First. That the honorable Secretary of State will immediately institute such an inquiry as in his wisdom he may deem advisable as to the truth of the facts hereinbefore set forth, and that if the same are verified as true, that—
• Second. The honorable Secretary of State will make such request, or demand for indemnity, upon the Mexican Government, as the customs and usuages of nations require, and that in case such request or demand shall not be heeded, or shall be refused, that this memorial and petition may be transmitted to, and laid before, the Congress of the United States, for such action by that honorable body as it, in its wisdom, may deem proper, and—
• Third. That your petitioner may be duly notified of all steps and proceedings that may be taken by her Government in her behalf.

Dated San Francisco, California, October 6th, 1887.

Janet M. Baldwin,
Petitioner,

Henry N. Clement,
Attorney and Counselor for Petitioner,
528 California Street, San Francisco, California,

State of California, City and County of San Francisco, ss:

Janet M. Baldwin having been duly sworn says that she is the petitioner in the foregoing petition and memorial; that she has read the foregoing petition and memorial and knows the contents thereof; that the same is true of her own knowledge, except as to the matters therein stated on her information or belief, and that as to those matters she believes it to be true.

Janet M. Baldwin.

Subscribed and sworn to before me this sixth day of October. A. D. 1887.

Holland Smith,
A Commissioner for the Court of Claims for the State of California, residing in the City and County of San Francisco.

[Inclosure 2 in No. 8.]

testimony of edward l. n. oilman.

State of California, City and County of San Francisco, ss:

I, Edward L. N. Gilman, being duly sworn, do upon my oath say:

I have carefully read the memorial and petition of Janet M. Baldwin to Hon. Thomas F. Bayard, Secretary of State, and am conversant with the facts therein set forth.

I am the “Gilman” mentioned in paragraph nine (9) of said memorial and petition who “sold and disposed of his interest in valuable mines near Ventanas for whatever price he could get, in order to leave the country and avoid the reign of terror which existed there.”

Said statement is strictly true. And said statement is not only true, but I am able to testify upon my own knowledge that so far as said memorial and petition assumes to describe the disordered state of society that existed at Ventanas after the Bernal raid in May, 1886, and the extremely dilatory and inadequate measures adopted by the Mexican authorities to restore order after said raid, it understates instead of overstates the facts. From the calm and judicial statement of the facts as they are presented in said memorial and petition, no adequate conception can be had of the intense prejudice and hatred of the Mexican inhabitants of Ventanas against foreigners, and especially against Americans, nor of the unsafety and insecurity of life and property which existed there by reason of said disorder, prejudice and hatred, nor of the gross and continued neglect of the State and National Government of Mexico in their failure to furnish protection after repeated and reiterated demands had been made for such protection.

I am technically a British subject, having been born in the Dominion of Canada; but I came to California when a mere lad of seventeen years of age, and remained in California and the adjoining Territories, engaged in mining until 1870, when I went to the State of Durango, in the Republic of Mexico, to engage in the same pursuit. I regard myself therefore more as an American than as an Englishman by reason of my long residence in the United States; yet I have during my seventeen years residence in Mexico, uniformly found it more to my advantage to be known when necessary as a British subject than as a citizen of the United States, for the reason that I have found by experience that subjects of Great Britain are better protected, and more safe and secure, and are subject to less native prejudice than the Americans, or “Gringos,” as they are sneeringly denominated by the lower classes in Mexico.

I was one of the first foreigners that engaged at mining at Ventanas. I went there soon after I arrived in Mexico, in 1870, and I resided and carried on my mining business there continuously until July, 1887, when I sold out at a sacrifice all my mining property, and left the place on account of the extreme insecurity to life which existed there at that time and the threats which constantly came to me that the entire foreign population would be killed or driven out of the country. The foreign population of Ventanas consisted almost exclusively of myself and a portion of my employés and W. W. Carroll and his associates (known as “The American Company”), and a portion of their employés. Both Carroll & Co. and myself were engaged in the business of quartz mining—our mines being located in the vicinity of Ventanas in various directions from eight to twelve miles distant from the village. Carroll & Co. also owned and carried on a large cattle ranch of several thousand acres, known as the Ciudad rancho, distant about eighteen miles from Ventanas, on the road to Durango.

Ventanas is not an isolated mining camp in an inaccessible and out of the way place, but is a village of from 300 to 400 inhabitants, situated on the bank of a stream called the Rio del Presidio. Up the stream from Ventanas, about five miles distant, is a village or settlement of 50 or 60 inhabitants called Palmareto. Down the stream from Ventanas, about eight miles distant, are the San Cuyetano, or Eureka mines, owned by Carroll & Co., where there is a settlement or village of perhaps 300 inhabitants, mainly native employés in the mines. On the same side of the stream on which Ventanas is situated, and up the steep mountain about eight miles away, is the Valenciana mine, owned by Carroll & Co., where Leon McLeod Baldwin was murdered. On the opposite bank of the stream, on the highlands, about eighteen miles distant from Ventanas, is the Ciudad rancho, where Mr. James L. Smith and James C. Blanche successively met the sad fate that befell them. A few miles distant from the Ciudad rancho is the village of Chavarria, having a population of about 200 persons; and still further away, on the road toward Mazatlan, is the village of Durasnito, numbering from 200 to 300 inhabitants.

Ventanas is a municipality or village in the Potedo district, or, as we would say, “county,” of San Dimas. The city of San Dimas, which is distant from Ventanas about forty-five miles, is the capital, or, as we would say, “county seat,” of the district of San Dimas. As a municipality, Ventanas is vested with an ayuntamiento, or “town council;” a jefe municipal, or chief executive officer and conservator of the peace, whose functions are quite extensive and include the powers of a mayor and under sheriff combined; a juez primer conciliador, or inferior judge, whose jurisdiction is considerably greater than our justices of the peace; and also jefe de policia, or chief of police.

At San Dimas, the capital of district of San Dimas, is the higher executive officer of the district, called the jefe politico, whose powers are much greater than those possessed by our sheriff, and the juez de primer instancia, or court of original jurisdiction, answering to our superior or district courts. By the political system of Mexico all the jefes or executive officers, as well as all the juez or judges, both superior and inferior, are appointed by the highest executive and judicial officers of the state.

During the entire sixteen years I had been engaged in mining in Ventanas and had made that village my headquarters I had “never feared or had cause to fear the least danger to my personal safety from the native inhabitants by reason of any prejudice against me as a foreigner until after the noted Eraclio Bernal, with his band of sixty followers, rode into Ventanas on the evening of Saturday, the 29th day of May, 1886, and made prisoners of the entire foreign population, together with two of the native officials of Ventanas, viz: Don Tiburcio Quiros, the jefe municipal, the chief executive officer of Ventanas, and Nicolas Trejo, the jefe de policia, or chief of police.

As I have hereinbefore stated, the foreign population consisted of Messrs. Carroll & Co., known as the “American Company,” and a portion of their employés and myself and a portion of my employés. We were all taken for “Gringos “and all locked up in the house of Mr. Carroll, which was improvised by Bernal as a prison The next day our employés were discharged, but Mr. A. O. Wallender, who was the only member of the firm of Carroll & Co. at Ventanas at that time, Mr. Leon McLeod Baldwin, the superintendent of Carroll & Co.’s mines, and myself were retained and held in custody together with Don Tiburcio Quiros, the jefe municipal of Ventanas, who had distinguished himself as a brave, conscientious, and efficient officer, and against whom some of Bernal’s band had a very pronounced hatred, charging him with being “a friend of the Gringos,” because he had prosecuted and punished some of the men who were now members of Bernal’s band, for disorderly conduct and petty offenses. Messrs. Wallender, Baldwin, and myself, with Don Tiburcio Quiros, were held prisoners about twenty-four hours after the release of our employés, and we were not released until we had “regulated” [negotiated and settled] with Bernal as to the amounts we should pay him as a ransom for our release. A full and accurate account of the merchandise, arms, ammunition, horses, mules, saddles, bullion, money, and other property seized and carried away by Bernal and his band, together with the amounts of money subsequently paid to him by W. W. Carroll and his associates, has already been rendered and sent to the office of the Secretary of State, and need not now be set forth in this affidavit, suffice it to say that that raid was a direct loss to me in money and property taken by Bernal’s band of about $4,000, and to Messrs. Carroll & Co. of about $10,000.

During the time we were held prisoners by Bernal we had frequent conversations with him as to his attitude toward us, his political status and position. He indignantly denied the charge that he was a robber or bandit. He claimed that he was a political character. He said he was a reformer. He read to us his “Plan de Politico,” or political platform, wherein he set forth that his aim was to be the governor of the State of Sinaloa, so as to give the inhabitants of that State a better government than they then had. He had a secretary with him, who kept a pay-roll of his men. While there he paid each of his men on account $50 in goods out of the store of Carroll & Co. The property and money taken from us by him he claimed to be prestamos or forced loans, to be repaid to us when he succeeded in his designs, giving us receipts or bonds in due form to that effect. He maintained his forces while there on a strictly war footing, had his pickets out in all directions, as if in an enemy’s country, enforced military discipline, and did no harm to the native inhabitants.

While at Ventanas Bernal announced his intention to take with him, when he left Don Tiburcio Quiros, the Jefe Municipal of Ventanas, as a prisoner. Messrs. Wallender, Baldwin, and myself, feeling confident that if he took Don Tiburcio with him his followers would put him to death, plead for his life and urged him to accept a sum of money as a ransom for his release. He “regulated” with us for Don Tiburcio’s life. He agreed, though reluctantly, that if we would raise $200 he would give him his liberty. We at once made up a purse and paid him the sum demanded. He then informed us that he would not discharge him at present, but would take him with him one day’s journey and then set him at liberty. We were his prisoners, and of course were powerless to protest. He left Ventanas on Monday, the 31st day of May, after being there two days, taking Don Tiburcio with him. He broke both his promises. As if to make his crime as aggravated as possible, Bernal took him, as I afterwards learned, three days’ march to a village called Metates, where Don Tiburcio’s wife was visiting, and then, after ostensibly releasing him, Bernal followed him to the house where he had gone to see his wife, called him out, and shot him down, with his wife and two little children clinging to him and begging for his life. We foreigners sought to save Don Tiburcio, because he was a faithful official, and had, as the chief executive officer of Ventanas, proven himself to be a brave man and an efficient officer. Our solicitude for his welfare and efforts to save his life proved to be the aggravating cause of his death. He was charged with being “in sympathy with the Gringos.”

The effect of this Bernal raid upon the native inhabitants of Ventanas and the surrounding villages was demoralizing in the extreme. It changed the whole tone of the community. It unsettled the sober and industrious. It made reckless and impudent the idle and dissipated. It emboldened the lawless and made aggressive the criminal element. A strong and malignant prejudice arose against all of us who were foreigners. We were all alike denominated “Gringos.” A feeling of envy and jealousy against us seemed to have sprung up in their minds. Threats were covertly and even openly made, and came to us with increasing frequency, that the “Gringos” must quit the country or be killed. Sometimes I would hear of these threats against one and sometimes against another, and sometimes they were made wholesale against us all. In this emergency we called upon the Jefe Politico, or chief executive officer of the district of San Dimas, for the appointment of Jefe Municipal for Ventanas to till the vacancy caused by the murder of Don Tiburcio Quiros, but no one would accept the appointment, unless guarantied a force of armed men sufficient to support him in maintaining order. The Jefe Politico was also urged to send a force of soldiers to Ventanas sufficient to overawe the disorderly elements and restore peace and order to the community. He applied in turn to the governor of the State, but no troops were sent. Five months passed away, and no relief came. In the mean time deserters from, or recruiters for, Bernal’s band, who had joined him while at Ventanas, began to return. Two bold, reckless, and notorious characters, named Carlos Martinez and Vicente Becerra, were seen in the vicinity, and were known to have gathered around them a small band of lawless followers. The native inhabitants, who had hitherto been friendly to the foreigners, seemed to have become cold, sullen, and suspicious, and conveyed by their actions and conduct every evidence of their sympathy with the new band of outlaws that had been formed in their vicinity, and took no pains to conceal the threats which were made against the lives of the foreign residents, and which now became so frequent, so malignant, and so pointed, that Mr. John D. Almy, one of the members of the firm of W. W. Carroll, a most kind, upright, and respected gentleman, feeling that his life was in actual danger, thought it imprudent for him to remain longer in Ventanas, and left there, in order to avoid a calamity which he had good reason to fear might befall him if he remained there longer.

About five months after the Bernal raid and after repeated and reiterated appeals had been made to the district, State, and even national authorities of Mexico for aid, a cavalry force, on foot, however, of forty men came to Ventanas, under the command of Captain Gomes. I placed a house or quartet in Ventanas at the disposal of Captain Gomes for the occupancy of his troops while stationed there; but while he was an honorable gentleman and an efficient officer, his troops were utterly worthless.

Every precaution had to be taken to keep them from deserting. The captain would cause them to march in to the quartel, and then would have to place sentinels at each door and window to keep them in. In spite of all the precautions that were taken, one-half of them deserted within thirty days. They could not be trusted, as American and British soldiers are, with leave of absence at reasonable times. If once they got out of camp they ran away. They were, as I have said, utterly useless, especially for the purpose for which they were needed, of running down and catching and killing the roving band of guerrillas, robbers, and murderers that were known to be in the vicinity of Ventanas. The moment these troops were taken out into the adjoining country and divided up into small parties away from the regular beaten trail they were no account whatever. The result was that Captain Gomes simply marched them up and down the main highways, where the enemy they were ostensibly looking for never came, and hence Martinez and Becerra and their band were as safe as if Captain Gomes and his twenty men were 100 miles away. Subsequently, during the next few months, one or two other small squads of soldiers came to Ventanus and marched up and down the highways a few times, but none of them ever at any time did what every one in the community agreed that they ought to have done, viz, find the enemy, which could have been easily done by leaving the beaten track and following them to the haunts they were known to frequent.

The authorities at Durango, the capital of the Stated were frequently urged to adopt the course I have suggested, of sending a few small squads of mounted cavalry to scour the country around Ventanas, in order to exterminate the band which was constantly threatening the peace of the community, but the authorities persisted in their own weak and inefficient course, and the result was that the outlaws Martinez and Becerra and their followers were never met by the soldiers.

This state of things continued until May, 1887, when the first of the series of foul crimes which followed each other in such quick and startling succession was committed by the unprovoked murder of an employee of Messrs. Carroll & Co., an unoffending American named James L. Smith, the superintendent of the Ciudad Rancho. The testimony taken at the inquest, held a few hours alter the murder by the Juez from the adjoining vi11 age of Chavarria, disclosed a conspiracy between the murderers and the Corporal of the rancho, named Severiano Zepato. One of the band entered the dining-room of the house in which Mr. Smith was seated by the fire and struck him on the head from behind and then stabbed him. The accomplice, Zepato, suddenly departed upon the arrival of the Juez, and has not been seen there since. Mr. Smith’s life had been threatened, as all our lives had. A remarkable circumstance connected with this case is, that Mr. W. W. Carroll, who was residing at Durango, the capital of the State, 100 miles away, heard that the life of the superintendent of his rancho was threatened. He immediately started to his relief and arrived there only a few hours after he was murdered, Mr. Carroll subsequently informed me that the loss of his mule on the way caused a - delay, which, if it had not occurred, would have brought him to Mr. Smith before he was murdered, but possibly to share the same fate.

At this time threats and mutterings of vengeance against the “Gringos” came to us every day. We heard rumors from many quarters that we would be killed if we did not leave the country. I heard threats made against the life of Mr. Carroll, Mr. Wallender, Mr. Baldwin, and against myself. We all felt very insecure. The presence of the soldiers, handled as they had been, gave us no assurance of protection. I made up my mind to dispose of my property there for what I could get and go to some place where I should feel more secure. Mr. Carroll, after the burial of Mr. Smith at the rancho, came on to Ventanas and remained there until some time after the murder of Mr. James C. Blanche, which occurred about two months later. During that interval I sold all my property at Ventanas to Mr. Carroll at a great sacrifice, in order that I might be able to leave the place and avoid the trouble which I apprehended would come upon all the foreign population of Ventanas, who were indiscriminately called “Gringos,” and I now unhesitatingly state that it is my firm belief that if I had remained there it is more than probable that I should have shared the same fate that befel Mr. Smith, Mr. Blanche, and Mr. Baldwin, not because of any particular spite of the native inhabitants against me, but solely on account of the envy, jealousy, and hatred which had grown up there against the Americans or “Gringos,” among whom I was included by the disorderly classes then in the ascendency.

The death of Mr. Smith caused two transfers or changes to be made among the employees of Messrs. Carroll & Co. Mr. James C. Blanche, who had previously been the superintendent of the Valenciana mine, was sent to take charge of the Ciudad Rancho. Mr. Leon McLeod Baldwin, who had previously been stationed at the San Cayetano mines, removed his headquarters to Ventanas, in order to enable him to visit with greater facility the Valenciana mine, of which he then took charge. These changes took place before I left Ventanas.

I had heard threats against the life of Mr. Baldwin, and I communicated them to Mr. A. O. Wallender, one of the members of the firm of Carroll & Co., by whom Mr. Baldwin was employed; but we were all accustomed to hearing threats made against us, and those against Mr. Baldwin were no more malignant or pointed than many I had heard against all of us, so I did not mention the matter to Baldwin. Mr. Wallender stated that inasmuch as he was one of the firm which employed him he felt some delicacy about mentioning the subject to him for fear Mr. Baldwin might think he desired him to leave the company’s employ. I ascertained afterwards, however, that Mr. Baldwin was fully informed of the danger that surrounded him, but, with the instincts of a brave man who had voluntarily accepted employment, would not leave his post in the face of danger, but proceeded as usual in the discharge of his ordinary duties.

I left Ventanas but a few days before the murder of James C. Blanche. I knew Mr. Blanche well and had known him for years. He was a peaceable, unoffending, upright, honorable man, against whom no one could say aught to his discredit. The facts and circumstances of his murder, as also those connected with the subsequent murder of Mr. Baldwin, are correctly set forth in the memorial and petition of Mrs. Baldwin as they were narrated and detailed in Mexico at the time they occurred. I had also some acquaintance with Mr. Baldwin during the two years that he had been there. We were prisoners together under Bernal. He was an educated, scholarly gentleman, and was respected, esteemed, and loved by all who came in contact with him.

There was no personal ill-feeling among the people of Ventanas against any of us. We had dealt fairly with them. We had never taken any advantage of them, or oppressed them, or misused them as employees in our mining business. On the contrary, we paid the highest wages paid by any mining companies in the State of Durango, and furnished better supplies to our men. The Bernalites had insidiously instilled into their minds the notion that we were interlopers—that we had come there and gotten hold of all their most valuable mines, and were becoming rich and opulent, while they, the native inhabitants, who ought to have owned the mines, were forced to labor for us. This envy and prejudice against us was engendered by the demoralization which followed the Bernal raid and the gross and criminal inactivity and neglect of the State and Federal Governments of Mexico in failing to send forces to put down the disorder and lawlessness that prevailed at Ventanas. In short, the prejudice and hatred that sprang up against us, and which found universal expression in the epithet “Gringo,” was a political or race prejudice, and did not exist against the native inhabitants, or against any class of the native inhabitants.

In the minds of the lower orders in the vicinity of Ventanas, Eraclio Bernal unquestionably represented, and his name typified, this idea’ of hatred to the “Gringos.” Martinez and Becerra, who aspired to become leaders of a band of the same character, were loud in their denunciations and diffuse in their threats against the “Gringos;” and whenever they were able, as they expressed it, to “stand up” a “Gringo,” and rob him, or “wing” one, by shooting a bullet through him, they were secretly applauded by the native inhabitants of the lower orders, who were then in the ascendency, and they were very readily forgiven and not very diligently pursued for their crimes and depredations against “Gringos.”

From my knowledge of the public feeling among the native inhabitants of Ventanas at the time I left there, which was about one month before Mr. Baldwin was killed, I unhesitatingly state it as my opinion that Mr. Baldwin, as well as Mr. Blanche and Mr. Smith, were each and all of them killed because they were “Gringos,” and not for the mere purpose of robbery and plunder.

So flagrant was the neglect, and so long continued was the inactivity of the Mexican Government in sending relief to Ventanas, and so weak and inadequate were the measures finally adopted for quelling the disorder there, that it was openly charged throughout the State of Durango that some of the State officials were in sympathy with Eraclio Bernal and were covertly working in his interest. The proof that this charge was widely and openly made lies in the fact that in September, 1887, the Periodico Official, the official paper of the State, contains an article signed by the Jefe Politico of San Dimas, denying that the officials of Durango were in sympathy with Bernal.

I know that there was a widespread suspicion in the State of Durango that there was a secret motive for the marked inefficiency of the measures taken to exterminate Eraclio Bernal, and also to quell the disorder at Ventanas. In this suspicion I did not share, but that such a suspicion was widespread and prevalent can not be denied. I have recently heard that Governor Flores, of Durango, was sent for by President Diaz to go to the City of Mexico to render an account and furnish an excuse for his inactivity; and that while President Diaz accepted the assurances of his integrity and good faith, he nevertheless reprimanded him for his inefficiency. This, however, I state on information and belief.

Edward L. N. Gilman.

Subscribed and sworn to before me, this 3d day of November, 1887.

[seal.]

Holland Smith,
A Commissioner of the Court of Claims in and far the State of California, residing at the City and County of San Francisco, and Notary Public of said State of California, residing at said City and County of San Francisco.

[Inclosure 3 in No. 8.]

testimony of john j. holman.

State of California, City and County of San Francisco, ss:

I, John J. Holman, being duly sworn, do upon my oath depose and say:

I have read the memorial and petition of Janet M. Baldwin to Hon. Thomas F. Bayard, Secretary of State, and am conversant with the facts therein set forth. I was in Ventanas prior to and at the time of the Bernal raid upon that village in the month of May, 1886, and with the exception of a very brief absence immediately after said raid of not more than one week, was in Ventanas continuously thenceforward until after the murder of James C. Blanche, which occurred in the month of July, 1887. I have also read the testimony of Edward L. N. Gilman, taken to be read in this case, wherein the condition of affairs at Ventanas is fully described and set forth, and I am able to testify positively and upon my own knowledge that all the statements made by Mr. Gilman in his said affidavit are true and correct. At the time Bernal visited Ventanas on the 29th day of May, 1886, I was employed as a miner by W. W. Carroll & Co., in the San Cuyetano mines, about eight miles distant from Ventanas, but on the Saturday after-noon that Bernal came there I was in Ventanas, where I had gone to draw my salary. I was made a prisoner with Mr. Gilman and all the rest of the foreigners, and was locked up in Mr. Carroll’s house for about twenty-four hours, when I was discharged with the other employés, and Mr. Wallender, Mr. Gilman, and Mr. Baldwin, together with Don Tiburcio Quiros, the jefe municipal of Ventanas, were retained in custody. Mr. Gilman states correctly all that took place during the two days that Bernal held possession of the place. He omits, however, to state one fact which I well remember, and that is that when Bernal left Ventanas on Monday, the 31st day of May, he proceeded down the river to the San Cayetano mines, and that Mr. Baldwin went with him as far as the mines, hoping to effect the release of Don Tiburcio Quiros at that place. We all protested against his venturing off with the treacherous band alone, and tried our best to induce him not to go, but Mr. Baldwin said that he was not afraid, and that they would not hurt him. He went, and they did not hurt him, but he failed to induce them to release Don Tiburcio Quiros.

On the same morning that Bernal left Ventanas I left also for Leonoria, near Mazatlan, to carry the news to the military quarters at that place, and was the first man to arrive there with the news. I immediately started back with my wife, whom I had gone there to meet. We traveled on the road with a small cavalry force of sixty men, who had been sent out from Leonoria to meet Bernal. After going about two leagues we stopped at the village of Porto San Marcos. While traveling together I informed the commander of the squad of everything that had occurred at Ventanas, and told him that Bernal had gone by way of the San Cuyeano’s mines to Metates, which was only about one day’s journey from the village of San Marcos, where we stopped, and that if he would push forward rapidly I thought he would overtake Bernal or find him in that vicinity. The commander of the squad stopped at the same house I did at San Marcos, and while there we met a juez conciliador or inferior judge of Metates, who had just arrived from there. The judge told us that he saw Bernal shoot Don Tiburcio Quiros, the jefe municipal of Ventanas, six times—that is, saw him fire six shots into Don Tiburcio while his wife and two children were clinging to him—and that the six shots did not kill him. He then called upon one of his band to finish him, and that in obedience to Bernal’s command one of the band went up to Don Tiburcio while he was lying on the ground bleeding and dying, and fired another shot into him, which did finish him. The judge further told us that he witnessed the entire affair from his hiding place in the heavy foliage or branches of a large cactus tree, into which he jumped after escaping from Bernal’s band during the excitement of the killing of Don Tiburcio Quiros. Bernal had taken the judge prisoner, and had threatened that he would kill him, as soon as he had finished Don Tiburcio, because the judge had been strict in the enforcement of order in the community and had punished some offenders who were now connected with Bernal’s band, and they now charged him with being the friend of the “Gringos,” simply because he had tried to maintain, and enforce order and deal out justice impartially. The judge further told us that he remained secreted in the cactus tree, wounded and bleeding from the sharp prongs that fringe the branches of those trees as he had leaped into it, until darkness enabled him to make his escape to the mountains, where he wandered two days waiting for Bernal’s departure; and that immediately upon leaving, he (the judge) had immediately come to San Marcos. He urged the military commander, in my presence, to press forward to Metates and follow up Bernal, but the commander did not do so. The soldiers remained at San Marcos, only six miles distant from their headquarters, a few days, and their commander returned to Culiacan. I left the soldiers at San Marcos and proceeded with my wife to Ventanas. There I resumed work for Messrs. Carroll & Co., in the Valenciana mine, where Mr. Baldwin was subsequently murdered, until I received an injury caused by an explosion of giant-powder while blasting, which laid me up for three months, so that I could not work. I returned to Ventanas and remained there until some time in July, 1887, a few days after Mr. Blanche was murdered.

I can personally vouch for the entire truthfulness of the statement contained in the affidavit of Mr. Oilman as to the condition of affairs at Ventanas from the time of the Bernal raid in May, 1886, down to the time of the killing of Blanche in July, 1887. I saw ample evidences of the envy, prejudice, and hatred which grew up against the Americans, to whom the native population applied the epithet of “Gringos,” and even in my position I felt the insecurity which all the foreigners there felt, and realized fully the danger to which we were all in of being shot down at any moment.

I am an Englishman, and am a subject of Great Britain, but at Ventanas I was included among the “Gringos,” and was fired at three times, and barely escaped with my life. At Ventanas all the English-speaking people were indiscriminately known as “Gringos,” because, I think, the firm of Carroll & Co. was generally called “The American Company,” and the impression seemed to prevail among the ignorant native population that all the English-speaking employés of the American Company were Americans. One member of the firm of Carroll & Co. (Mr. Wallender) is a Swede, and he is the only one of the company that has escaped injury or threatened injury from the native inhabitants. I know that Mr. John D. Almy, another member of the firm, an -American, left there because his life had been threatened and he feared that the threat would be carried into execution if he remained. I know that Mr. Gilman, whose affidavit has been taken in this case (and to the entire truth of which I have testified herein), left Ventanas because his life had been threatened and he feared that he would be killed if he remained, and I know that he almost gave away his valuable mining property there in order that he should leave nothing behind him for the natives to destroy. I know that the lives of Mr. Smith and Mr. Blanche had both been threatened, and that they were both murdered in accordance with the threats that had been made against them. I know that Mr. Baldwin’s life had been threatened before I left, and I afterwards learned that he was killed within a month after I left there.

I give it as my firm and honest belief that Mr. Smith, Mr. Blanche, and Mr. Baldwin were all murdered because they were Americans, or “Gringos,” and that Mr. Almy and Mr. Gilman were run out of the country because of the deep and bitter race prejudice that existed there. The prejudice which grew up at Ventanas found expression in the envious remark that “the ‘Gringos’ came there poor and became rich off their mines,” and they looked upon them as trespassers, who had no business to be there. I never, during all my fourteen years’ residence in Mexico, saw in any other part of that country such intense and bitter race prejudice as I saw in Ventanas during the year prior to my leaving there.

At the time of the killing of Carlos Martinez and the wounding of Vicente Becerra by the uprising of the native inhabitants at Durasno (or Durasnito, as it is sometimes called) I was stopping with my wife at the village of Piedra Gorda, having left Ventanas a little more than a month before. The village of Piedra Gorda is but three hours from Durasno. I heard from a hundred sources all about the affair at Durasno.

The cause of the uprising of the native inhabitants of Durasno was not the killing of Mr. Baldwin, and was in no way connected with it. Mr. Baldwin was murdered ac the Valenciana mine, 8 miles from Ventanas, and Durasno is nearly 40 miles distant from Ventanas. Durasno was therefore 48 miles distant from the Valenciana mine, where Mr. Baldwin was murdered, and was 18 miles distant from the Ciudad Ranch, where Mr. Smith and Mr. Blanche were murdered. The uprising of the native inhabitants at Durasno was caused by the robbing of a wealthy Spanish merchant there named Don Ignacio Amescua, whose son and a juez conciliador were taken as captives, to be held for ransom. It was this that caused the native inhabitants to arm themselves with any and every thing they could lay hold of and go after the outlaws. If the native inhabitants of any of the villages in the vicinity of Ventanas had aroused themselves to follow and punish the outlaws months before, the lives of all three Americans that were murdered at Ventanas could have been saved. The fact is, and it is a fact so notorious that no one will dispute it who was at Ventanas during those times, that the native inhabitants actually sympathized with the outlaws in their depredation against the “Gringos,” and covertly applauded them.

All that I have herein stated concerning the cause of the uprising of the native inhabitants at Durasno is of course hearsay, but I had lived at Durasno. I had worked in the Pino mine, at that place, five months, and in the Los Amigos mine 3 months, and knew Don Ignacio Amescua well. I talked with numerous people with whom I was acquainted concerning the affair, who came from there. I was only 3 hours’ ride from Durasno. I never, at any time, heard that the native inhabitants of Durasno had constituted themselves the avengers of Mr. Baldwin.

As I have stated, I have been in Mexico fourteen years. I have known Mr. W. W. Carroll many years. He is an old gentleman and very feeble. He is highly respected and esteemed for his integrity and kind-heartedness. Neither he nor any of the members of his firm, nor any of his employés, had rendered themselves obnoxious in any way to the native inhabitants. They paid high wages, and furnished good supplies to their men, and nobody could complain of their treatment. Their only offense consisted in the fact that they were “Gringos.”

John J. Holman.

Subscribed and sworn to before me, this 3d day of November, A. D. 1887.

[seal.]

Lee D. Craig,
Notary Public.

[Inclosure 4 in No. 8.]

Mr. Carroll to Mr. Bayard.

Durango, Mexico, October 17, 1887.

Dear Sir: I take the liberty to place before you some of the many grievances that have happened to myself and associates, engaged in mining and ranching in the State of Durango, about 140 miles from the city of Durango, and some 100 miles from the city of Mazatlan. The firm consists of the following-named parties: Henry H. Ward, John D. Almy, A. O. Wallender, and W. W. Carroll.

On the 29th of May, 1886, a noted bandit by the name of Eraclio Bernal, and who has been committing many outrages in the States of Durango and Sinaloa for many years, made a raid on the town of Ventanas, where our store and main office are located, and captured the place without any resistance; in fact, there could not have been any real resistance made, as there was only a small police force, not to exceed ten men, and they poorly armed. And as it was a surprise, the first warning being a number of rifles passed through the window or port where we deal out the goods, and fired. And strange to say, there was no one seriously injured, though one of the rifles was put so near the head of one of the clerks that he was powder-burned on one side of his face. The robbers had an easy victory, and took possession of the store, making Mr. A. O. Wallender, the only partner there at the time, a prisoner, and demanding that $12,000 should be paid them, or they would take him and the other associates with them and keep them until the amount demanded was paid. As the employés had been paid off that very evening, there was but a small sum left, and no possible means to raise such a sum as demanded in the place, and Mr. Wallender arranged with the chief bandit to wait until the next day, so he could send over for Mr. Ward, who was at another mining camp, some eight miles distant, and see how the affair could be arranged; and the next morning Mr. Ward sent Mr. Leon McLeod Baldwin, who was superintending some mines for us, to assist Mr. Wallender to arrange with the chief. And it was arranged with the chief that he should receive what money there was on hand, and that what bullion was out should be melted and put into bars and turned over to him, and that he should take arms, ammunition, and what goods he and his men might want, and that he would wait on us for the balance, to be paid in one and two months’ time; and in our complying with our promises he pledged his word that him or none of his band should ever molest us again; and when the payments became due he sent after the amounts and we paid him. We had no other course, for we had no protection, and if we had not fulfilled our obligations to the bandit he would no doubt have returned and made us pay more dearly.

Some time before the raid of the chief bandit, Eraclio Bernal, in May, 1886, I stated to the governor the necessity of stationing a small force at Ventanas for the protection of the place. He promised that he would do so, but this promise was not fulfilled, and I am quite sure that had a small force been sent and stationed there, the bandit Bernal would not even have attempted to raid the place.

In a few days after my being brought up by the outlaws on the road (as set forth on pages 6 and 7 of the memorial and petition of Mrs. Baldwin), it was decided by the company that I should go to Durango and again state our grievances to the governor, and request him to give us more protection; or if he could not do so, I was then to proceed to the city of Mexico, and lay the case before the proper authorities there. On the 21st of July I called on the governor here, and stated the necessity of something being done at once to relieve us of the peril we were in at Ventanas; that as those outlaws were meeting with so much success, with no risk of being caught (as the authorities made but little or no effort to arrest them), they were getting more emboldened every day, and their success was inducing others to join them, and that we were in much danger of our lives. I requested that he should put a small force of tenor fifteen men at our new mill, situated some eight miles from Ventanas, as there was much danger that the outlaws would make a descent on that, as it would be an easy matter for them to do so and get away before any notice could be given to the authorities at Ventanas. I also requested that-there should be a small force of twelve or fifteen men, with a capable man at their head, with full power given to hunt and arrest the outlaws. The governor promised that a force should be sent in eight days to guard the new mill, and that there would soon be a force of fifty more soldiers stationed at Ventanas, and that there would soon be several small parties organized, which they term juez de condado, to scour the country in search of the outlaws; but the small force that was to have been sent in eight days did not reach there until about the 1st of September; so they were about forty days in furnishing this small force often men, instead of eight days, as promised. I think about the same time there were some twenty more soldiers sent to be stationed at Ventanas; but up to the present time I know of no small parties being organized to go in pursuit of the outlaws.

Now in the time that elapsed between the eight days promised that the force would be at Ventanas and the time they did arrive there was the robbery of Mr. Swartwout and the atrocious murder of Mr. Leon McLeod Baldwin, and it is entirely probable that these serious a fairs would not have occurred had the government acted promptly in the matter, and which they should have done as the urgency of the case demanded it. My partners write me that there were several of these outlaws seen in those days within three miles of the town of Ventanas by a boy, and that they sent out men to see about it. They did not find the bandits, but saw their tracks, but the authorities sent no one in pursuit of them. The outlaws inquired of the boy if I had returned, and my partners advised me not to return at present, as they are quite satisfied that they will make every effort to catch me, and would no doubt demand a large sum of money for my release or might end my existence in the same manner they did Mr. Baldwin. As they have threatened to put us all out of the way my partners write that they are afraid, and consider it dangerous to visit the nearest mine we have to the town, which is not to exceed three-fourths of a mile distant; and when business compels them to visit the new mill, some eight miles distant, they have to take an escort with them. We have to employ an escort to guard the coin we need to pay labor and to guard the bullion we send to this place, as all is-very insecure. There are now two American refugees at Ventanas—Mr. O. Swartwout and Mr. Oliver Woods. They both have good ranches, but are afraid at present to even visit them. I might say I am also a refugee, for I should be with my partners attending to a part of the necessary business of the company, but am in fear of being kidnapped again, and my partners are fearful of the same, and advise me to remain here in Durango until there is more security, if that is ever to happen.

I have been a resident of the Republic of Mexico over twenty-six years, and I believe that this part of the country is now more insecure for life and property than any of the preceding years I have been here. There are numerous small bands, I am informed, all over the country, committing robberies, and if necessary to accomplish their object they do not hesitate to murder; and the Americans seem to be the greatest sufferers in this respect and are shown less respect by the Mexicans than any other nationality. It seems strange that such should be the case—being sister Republics—but, nevertheless, I am satisfied it is so. It is rare to hear of an English, German, French, or Spanish citizen being molested. There is some reason that they should have some hatred towards Americans, as we, in the war with them, acquired some of their territory; but my opinion is that this is not the main reason. The majority, and especially the poor and ignorant classes, believe that the United States wishes to acquire the whole Republic.

On the 16th of September, their day of independence, the orator of the day cautioned the people to “beware of the Americans,” that “they were accumulating much land and mining property, and that they (the Americans) would soon try and put their foot on the Mexicans’s necks.” or language to that purport.

As I stated previously, I have been a resident of the Republic of Mexico twenty-six years. Ail my partners have been in the country for ten years or more, and I think in all and every instance we have complied with the laws of the Republic, paid all taxes and contributions required of us, and have been fined quite severely for some small omissions that were made in custom-house papers, and we think quite unjustly, but we paid them. We have now been operating in mining for over ten years at Ventanas, in this state, with limited success, though the production of silver was fair, but we invested all the profits in making improvements, developing our mines, making roads, etc., and now consider we have a valuable property, and expected now to reap a good harvest for our many years of toil and perseverance; but, under the existing circumstances, I am afraid we shall not realize our past favorable hopes, for it is impossible to work with success when all is so insecure, both for life and property. We have already shut down several of our mines, as we can get no competent person to go and take charge of them; nor do we feel justified to take the risk to go and investigate the workings of them, which would be necessary several times in a month. We are now only operating in two mines, and they are in close proximity to one another, and also in close proximity to our hacienda, and where are located quite a number of our workmen, which makes it somewhat more secure from those small bands of assassins that are still in the vicinity, but still it is a source of great annoyance and expense to us, this want of security, for we need many supplies, and it is quite difficult to procure freights. We use much fuel, lumber, and timber, and this is the most difficult to get freighted. The freighters are opposed to going there; and it is only by paying them high prices that we can get fuel, lumber, etc., brought in, and it is much more expensive than if reasonable security was given. And the worst of it is that when we take out bullion we do not know whether we will have the privilege of disbursing it or whether those outlaws will disburse it for us. This is working under much risk and great disadvantages, and without more security is given soon we will quite probably shut down all our works.

It is needless for me to refer to the character of Mr. Baldwin. It has already been published in the many newspapers in what high estimation he was held by all who had the pleasure of his acquaintance. I will only state that I always found him to be an agreeable and amiable companion, and honorable to a fault My belief is, he would not wrong or insult any person intentionally. He was as dear to me as a brother, and I often sought his good advice. Mr. Blanche I had not so much acquaintance with as with Mr. Baldwin, but had employed him for several months and was much pleased with him, as he was very energetic and honorable in all his dealings.

As there is no American consul here at present, Mr. Germ Stahlknecht, the German consul, kindly offers to certify to his knowing me, and in his belief that I have given an impartial statement, according to my knowledge, information, and views of these affairs.

W. W. Carroll.

Durango, Mexico. October 17, 1887.

Certified to by Mr. Germ Stahlknecht, German consul.

[Inclosure 5 in No. 8.]

Mr. Sutton to Mr. Rives.

Consulate-General of United States of America,
Matamoros, November 30, 1887.

No. 428.]

Sir: The murder of Leon McLeod Baldwin at the Valenciana mine, near the town of Ventanas, in the State of Durango, in August last, has caused much comment.

While on my recent inspection I anticipated the wishes of the Department, as shown by a telegram received later, and made a thorough investigation of the history and causes of this sad affair. In Sonora, at Guaymas, and Nogales, and in the States of Chihuahua and Coahuila, I made diligent inquiries of those persons whose business enabled them to know the facts.

There are, I believe, no American mercantile houses established in the city of Durango, but three German houses—Stahlknecht & Co., Julio Hildebrands, successors, and Maximiliano Damm—do business with Ventanas, which is distant five clays’ travel by mule path.

The city of Durango is about 100 miles by stage west from the line of the Mexican Central Railway at Lerdo. It is an extremely mountainous, thinly settled country. In all this section bandits, under various leaders, have for years robbed, murdered, and levied contributions on all who had anything worth robbing.

Among the most noted of these is Eraclio Bernal, whose career is among the most remarkable of any of whom I have ever read. He, with his lieutenants and their followers dominate a large section of country in these almost inaccessible mountains. They have the sympathy and assistance of many of the poorer people and are able to know the amount and value of the bullion produced or money kept in nearly every mining district in that section. The chief, almost the only, value of the country thereabouts is the mines, some of which produce very high grade of ores, and by their richness tempt men to work them at the manifest risk of their lives.

With this preliminary I take up and discuss the petition of Janet M. Baldwin to the Hon. Thomas F. Bayard, Secretary of State, dated San Francisco, Cal., October 6, 1887, of which I assume you already have a copy.

To enable you to make ready reference I inclose you herewith another copy. Paragraphs 1 and 2 are correct. Paragraph 3 is probably as nearly correct as the facts can be stated. Paragraph 4, as to other murders committed, agrees with common report and is substantially correct.

The allegation (on page 5) that the Government of Mexico was appealed to is common report and undoubtedly true.

On page 6 (in this fourth paragraph) it is stated that the governor of Durango was personally appealed to to take some effective measures to protect American interests.

It is generally understood that this was done, but that the governor, instead of taking vigorous and sufficient steps, resorted to the city of Mexico ostensibly to secure more troops, and that these have not been sent or so employed as to defeat or drive out the bandits.

Paragraph 5 was publicly stated; has never been questioned, and is doubtless true.

Paragraph 6 states that which can be more fully shown by the legation in Mexico.

Paragraph 7 states that the assassination of Mr. Baldwin was the direct result of the gross neglect of the Mexican Government in not protecting him against Mexican hatred and prejudice existing in that locality against Americans.

On this point I do not find anything which goes to show any special antipathy toward Americans, as such, in that section. The guilty parties are bandits and stop but little to ask the nationality of their victims. They strike for plunder. Under certain circumstances they might have a spite against some Americans and do them harm while not molesting others. This, however, is, so far as I can learn, incidental. They are opposed to all foreigners especially, and to all Mexicans who attempt to preserve tin peace generally.

I have no doubt that the appeals stated on page 9 were actually made and with the result stated.

On pages 9 and 10 it is stated that the authorities either feared to interfere or were leagued in sympathy with the murderers.

I do not doubt that they feared to interfere, and it may be easily true that some of the local authorities were friendly to them.

Paragraph 8 states that petitioner believes that no merely personal motive caused the commission of any of the crimes mentioned. This I believe true. They were robberies for the sake of the plunder they might thereby gain.

Paragraph 9 mentions numerous other outrages in that same section as to which 1 make comment further on in this report.

Paragraph 10 shows that after an outrage on a Mexican merchant the inhabitants pursued and killed several of these robbers, and the inference is plain that similar action might have been had in the other cases had the residents felt disposed. This is probably correct. There is great fear of incurring the enmity of the robbers and the inhabitants will see others robbed with impunity so long as they and their immediate friends are not seriously molested.

As stated in paragraph 9, there have been other crimes lately committed on Americans in that section.

While I was in El Paso the newspapers gave details of the murder of another Californian, E. J. Nickerson, in that section, and while in Chihuahua I was shown correspondence which went to show that another man, also from California, John L. Foster, had been lost for two months. Orders had been given to pay for the removal of the body, when found, to California.

Paragraph 11 is, of course, for the exclusive decision of the Department, and in concluding I will only add a few comments which seem to me to be needed.

The section of country treated of is very difficult to traverse, and the extermination of such outlaws is extremely difficult and hazardous. They-are worse than our Apache Indians.

I do not, however, believe that the general government of Mexico, nor the State government of Durango, nor the local authorities have done their full duty.

Prompt, vigorous, and sustained effort to capture or drive out these gangs would have done much to better the state of affairs.

It certainly is not a safe place in which to mine, and unless the state of affairs can be promptly improved, miners had better abandon their property and leave the country.

If the Mexican Government can not reasonably protect life and property in that district, it should so publicly proclaim and relieve itself of all responsibility.

I am, etc.,

Warner P. Sutton.

[Inclosure 6 in No. 8.]

testimony of george f. beveridge.

Testimony of George F. Beveridge, sworn to this date, November 25th, 1887, before Thomas B. Connery, chargé d’affaires of the legation of the United States of America, in the City of Mexico, Republic of Mexico.

I, George F. Beveridge, an American citizen, being duly sworn, do upon my oath depose and say:

I have read the memorial and petition of Janet M. Baldwin to Hon. Thomas F. Bayard, Secretary of State of the United States, and am conversant with the facts therein set forth. I was in Ventanas prior to and at the time of the Bernal raid upon that town, which occurred on the 29th of May, 1888. I was employed by W. W. Carroll & Co. (or the American Company, as it is known) from November 27, 1885, up to October 1, 1887, and remained at Ventanas continually up to that time. I am conversant with all the facts as set forth in the memorial and petition of Janet M. Baldwin, and certify that said statement is strictly true, only it understates instead of overstates the facts. No one hut the foreigners residing at Ventanas can have any conception of the intense prejudice and hatred of the Mexican inhabitants of Ventanas against foreigners, and particularly against Americans. As all the Mexican miners and others in the employ of W. W. Carroll & Co. were well treated and well paid for their services, the only reason to account for their animosity towards Americans was owing to the desire of the Mexicans to drive them away from their property.

I have also read the testimony of Edward L. N. Gilman and that of John J. Hoi man, taken to be read in this case, wherein the condition of affairs at Ventanas is fully described and set forth, and I am able to testify positively and upon my own knowledge that all the statements made by Mr. Gilman and Mr. Holman in their said affidavits are true and correct.

I was also, at the time of the Bernal raid, made a prisoner with all the rest of the foreigners, and was placed under guard and compelled to transfer the few arms we had and all the goods he (Bernal) required from the company’s store to his followers, whom he designated to receive them.

I was well acquainted with Leon McLeod Baldwin, and can positively assert that he had no personal difficulties whatever with the Mexicans, and that he was brutally and cruelly assassinated by Mexican assassins in hiding. The only reason that can be assigned for the brutal assassination of Mr. Baldwin was simply owing to his being an American, and for the same reason were Mr. Smith and Mr. Blanche murdered—the two Americans referred to in the memorial of Janet M. Baldwin.

Although I was not an eye-witness to the assassination of Mr. Baldwin, I at that time, being superintendent of the San Cayetano mine, one of the mines belonging to W. W. Carroll & Co. (or the American Company, as it was at times called), as soon as it was possible for me to do so after the assassination of Mr. Baldwin I secured the full particulars of the assassination from the head miner, by name of Eustaeio Mapulo, of the Valenciana mine, where Mr. Baldwin was assassinated just as he was dismounting from his mule; and the head miner asserted that he was an eye-witness of the unwarranted and unjustifiable firing upon and the wounding to death of Mr. Baldwin by the assassins, Carlos Martinez and Vicente Becerra, who were concealed at the time of the firing. And I positively assert that Eustacio Mapulo personally did make the same statement to me, as is stated in pages 2, 3, and 4 of the memorial and petition of Janet M. Baldwin, addressed to the Hon. Thomas F. Bayard, Secretary of State, and sworn to on the 6th day of October, A. D. 1887, before Holland Smith, a commissioner for the Court of Claims of the State of California, in the city and county of San Francisco, California.

I will also positively assert that the above-mentioned miner, Eustacio Mapulo, stated to me that he negotiated between the assassins and Mr. Baldwin, and one of the conditions demanded by the assassins was that Mr. Baldwin should deliver up his pistol, which Mr. Baldwin did previous to his coming out of the tunnel, and the before-mentioned miner informed me that he took the pistol and delivered it to the assassins, Carlos Martinez and Vicente Becerra. Mr. Baldwin, although wounded to death, considered it to be the only chance for his life. As had been promised, surrendered himself entirely unarmed to the above-mentioned assassins and proceeded out of the tunnel to negotiate with the assassins, as had been agreed upon; and the head miner did make the same statement to me, that is to say, the before-mentioned assassins did state to Eustacio Mapulo that they did not want any money from Mr. Baldwin, but it was their intention and that of their friends, the Mexicans, to make away with the entire Gringos (Americans) one by one in the same way; and to prove that robbery was not their object for committing the assassination, Mr. Baldwin’s watch was found on his person after the murder had been committed.

Open threats were made by the Mexicans, prior to the murder of Mr. Smith, that they intended to kill all the Gringos (Americans) residing in and around Ventanas; and although the Federal as well as the State authorities of Mexico were repeatedly appealed to by the Americans for protection, no assistance was rendered, nor were these bad characters arrested and punished.

Referring to that portion of Mr. Holman’s testimony relative to the citizens of Durasno killing five of the bad characters, I positively assert that his statement is true; that in no wise were these bad characters killed by the citizens of Durasno for the assassination of Mr. Baldwin, but only for the reason, as stated in Mr. Holman’s statement, for interfering and holding as hostages two Mexican citizens of the village of Durasno. Had the Mexican citizens or the authorities of Ventanas desired to even so much as to arrest the assassins of Mr. Baldwin, they had ample time and opportunities to do so, for after the assassination of Mr. Baldwin these assassins remained for several days in close proximity to Ventanas, and even sent word to the authorities, who at that time had about thirty-five Federal soldiers in Ventanas, if they (the authorities) wanted them (the outlaws) to come and take them. No attempt was made to do so, which shows beyond doubt (as is well known) that the authorities did not consider that the assassination of an American was sufficient cause for them to pursue, arrest, and bring these bad characters (their own countrymen) to punishment.

I will also positively state that a few days prior to the assassination of Mr. Baldwin it came to our knowledge from reliable information received both by Mr. H. H. Ward, one of the partners of the American Company, and myself, that Esperidon Morales, one of the followers of Bernal, and who had assisted him in his raid on the 29th of May, 1886, against the foreigners at Ventanas, and who also took part in the murdering of Mr. Baldwin and the kidnapping of Mr. Carroll, was openly residing at San Cayetano, where is situated the Eureka mine owned by the American Company, and situated from Ventanas about five miles. Both Mr. Ward and myself sent word to the jefe, or sheriff, of Ventanas and informed him of this fact, and requested him to have this bad character, Esperidon Morales, arrested. The jefe sent about six soldiers over to San Cayetano with an order on the Jefe (sheriff) there by the name of Nielo, who had himself only been released from prison for two months for a murder he (Nielo) had perpetrated, to arrest Esperidon Morales and send him to Ventanas. Instead of Nielo doing so, he caused the soldiers to arrest three innocent men (who on their arrival at Ventanas. were set at liberty), and then he (Nielo) went privately to Esperidon Morales and informed him that he had an order for his arrest and advised him to leave, which he (Esperidon Morales), feeling perfectly secure from arrest, did not do until 10 o’clock the following morning, and only left then when the sheriff (Nielo) went to him the second time and advised him to change his quarters, otherwise the authorities might possibly send for him again. Upon this advice, given by the sheriff (Nielo), Esperidon Morales changed his quarters, and in a few days afterwards this same Esperidon Morales, although he was not in the immediate company of Carlos Martinez and Vicente Becerra at the time they assassinated Mr. Baldwin, still he, with others, were in the immediate vicinity and only awaiting the return of the above-mentioned assassins, who had been dispatched to commit their bloody and atrocious deed. I will state here that Domingo Rojes, a Mexican citizen, and one of the few who desired to save the property and lives of the Americans, gave me this information as to the sheriff (Nielo) warning Esperidon Morales to change his quarters, and if called upon, Mr. Rojes informed me, that he would testify to the truthfulness of this information on oath.

I will also positively assert that in Mr. Ward and myself endeavoring to have the lawless character Esperidon Morales arrested, is only one of a dozen similar cases where no attention whatever was paid to our appeals for protection by the authorities, and if by chance one or two of these lawless characters were arrested, they were only confined for a day or two and then set at liberty, to renew again their threats and excite their countrymen against the Americans.

From other reliable information received from a Mexican boy who saw the assassins, it was well known to the Mexicans that these assassins were in concealment near the Valenciana mine, of which Mr. Baldwin was superintendent, and were there for the purpose of assassinating him; and I positively assert that had the slightest assistance been given by the authorities towards protecting the lives and property of the foreigners at Ventanas, the many outrages culminating in the murdering and assassination of Americans would never have occurred.

Even after the assassination of Mr. Baldwin and the killing of the five assassins by the Durasno people, the prejudice and hatred against the foreigners at Ventanas (which was openly spoken of, and many threats made against their lives) was so intense, all of us being warned that we would be made away with in the same manner as Mr. Baldwin was, that I considered it was no longer safe for me to remain there, so I resigned a lucrative position and made my way out to Durango. Finding no American consul at that place I proceeded to the City of Mexico, and laid the facts as herein stated before the American minister.

Geo. F. Beveridge.

[Inclosure 7 in No. 8.]

brief of h. n. clement.

[In the Department of State of the United States of America. In the matter of the claim of Janet M. Baldwin for indemnity against the Government of Mexico. Historic brief relative to the inducements offered to foreigners by the Mexican Government subsequent to the independence of 1822 to settle within the territory of the Republic]

I.— under the dominion of spain.

The Government of Spain pursued a most illiberal policy relative to the settlement of foreigners within the territory occupied by her American colonies; jealously excluding them from all knowledge of the country, and preventing them as far as possible from holding commerce with the inhabitants thereof. A few references to the laws of the Indies will show that such was the policy pursued.

The following are translated extracts from these laws:

Law 7, Title 27, Book 9, Recopilacion de Indias, by Philip III, 1614:

“We order and command that in no part or in any part of our West Indian Islands, and tierra firme of the Northern and Southern Oceans, shall any character of trade be permitted with foreigners, although it should be in the way of ransom, or any commerce whatever under a penalty of death, and confiscation of the property of those who violate this, our law, of whatever state or condition they may be.”

Law 9, same title and book, Philip III, 1602:

“In consideration of the evils resulting from foreigners going to the Indies, to reside in the ports and other places, it being found that our Catholic faith is not secure, and it being important to see that no errors may be sown among the Indians and other ignorant persons, we command the viceroys, audiencias, and governors, and charge the archbishops and bishops that they aid in cleansing the land of these people, and that they cause them to be expelled from the Indies.”

(The operation of these laws was suspended bv the Mexican decrees of October 7th, 1823.)

This jealous policy with respect to foreigners was continued by the Spanish Government down to the date of the Mexican independence, the governors of the provinces of New Spain being from time to time admonished to “keep a vigilant eye upon the restless sons of the Northern Republic.”

II.—under the republic of mexico.

In the early part of the present century the Hispano-American colonies, stimulated by the example of the Anglo-American colonies, commenced their efforts to free themselves from the stern bondage in which for three hundred years they had been held by the Spanish Government, and succeeded in establishing a free and independent government. In 1822 the independence of the Republic of Mexico was acknowledged by the Government of the United States, and to this day there may be found hung upon the walls in some of the hotels in the City of Mexico the portrait of our American statesman, Henry Clay, under which there is printed the resolution offered by him in the Congress of the United States for the recognition of the independence of the United States of Mexico.

The government of the Mexican Republic was modeled somewhat after that of this Republic, the prosperity of which presented to the intelligent Mexican statesman an example which he was ambitious to see imitated by his own country; hence, the jealous and selfish policy pursued by Spain towards her American colonies was at once abolished, and a more liberal policy substituted therefor.

Desirous that the natural resources of the country should be developed by enterprising industry, and that the young Republic might be looked upon with pride by her elder sister of the North, and not held in contempt by other nations of the earth, the Mexican Republic, from the date of her independence down to the present time, has enacted laws and published to the world decrees, inviting foreigners to become inhabitants of Mexican soil, and offering extraordinary inducements for them to do so, giving them in the mean time every assurance of protection in person and property.

This statement may be partially verified by reference to a work entitled “Hall’s Mexican Laws,” recently published by A. L. Bancroft & Co., of San Francisco, which purports to be, and is a translation and compilation of the laws of Mexico, especially those relating to the acquisition, ownership, and transmission of property by foreigners in that Republic. (See sections 493, 494, 521,522, 671, 680, 681, 683, 707, and 713.)

But Mr. Hall’s work aims to present simply the laws of Mexico in force at the present time. Its scope was not sufficiently broad to enable me to refer the Department with exactness to the original sources of information or to show the historical correctness of the statements above named. I have therefore, for the purpose of showing that there has been a continuous series of invitations extended to foreigners to go to Mexico, and inducements held out to them to go, and promises of protection made to them if they would go, taken the pains to secure translations, in their chronological order, of original decrees, proclamations, and laws bearing upon the subject under consideration, through Mr. R. C Hopkins, of this city, who has for over forty years been intimately acquainted with the political, legislative, and judicial history of Mexico, and who is otherwise eminently qualified for the work by his long connection with the United States surveyor-general’s office in this city as keeper of Spanish archives, as well as by reason of his having visited Mexico over forty times, either as the accredited agent of this Government or as the representative of important private interests.

The official publication or repository of the laws of Mexico is called “Legislacion Mexicana, ó séa Coleccion Completa de las Leyes, Decretos y Circulares, que se han expedido desde la Consumacion de la Independencia.”

(Mexican legislation, or rather a complete collection of the laws, decrees, and circulars which have been issued since the consummation of the independence.)

In this collection of laws, decrees, and circulars are found the following relative to foreigners:

On the 7th of October, 1823, the laws of the Indies relative to foreigners, title 27, book 9, already quoted, were suspended.

On the 18th of August, 1824, was passed the law of colonization.

Article 1 of this law declares that “the Mexican nation offers to the foreigners who may come to establish themselves in the territory of the Republic security in their persons and in their properties, provided they subject themselves to the laws of the country.”

Decree of the 6th of September, 1833: “Foreigners to be protected in their persons and property.”

The most important decrees found in the collection above cited relative to foreigners are those issued by General Lopez de Santa Aña, who was wont to style himself the “Napoleon of the West,” and that of the citizen Don Benito Juarez, than whom a wiser or more unselfish patriot never filled the Presidential chair of Mexico, although his veins were not coursed by the blood of the hidalgos of Spain.

Decree of March 11th, 1842.

On the 11th of March, 1842. President Santa Aña issued a decree of which the following is a portion:

Antonio Lopez de Santa Ana, general of division, well deserving of the country, and Provisional President of the Mexican Republic, to all the inhabitants thereof, know ye, that after mature reflection and a most careful examination relative to the advantages that will result to the Republic by permitting foreigners to acquire property therein, having heard the opinion of the council of representatives, which has made the most scrupulous examination of the matter, the expression of various departmental juntas, as well as the opinions of many illustrious persons, and the pro and con of the press, in view of their various legal projects which have been presented, and being convinced that a frank policy and an interest well understood demand that no further delay be permitted in making such concessions as may tend to the prosperity and development of the Republic by the increase of population, by the extension and division of property, which necessarily increases the national wealth; taking also into consideration the fact that by these measures the security of the nation will be more and more assured since the foreigners, who are owners of property, being interested in the common prosperity, will be so many defenders of the national rights; considering also the encouragement which will be received by agriculture, commerce, and other industries, which are the fountains of public wealth; and lastly, that the opinion generally manifested is in favor of this concession, I have thought proper in the exercise of the authority conferred on me by the seventh of the bases, adopted in Tacubaya, and sworn to by the representatives of the department, to decree as follows:

• Art. 1 The foreigners established and residing in the Republic can acquire and possess country and town property by purchase, adjudication, denouncement, or by any other title whatever established by law.
• Art. 2. They can also acquire in ownership mines of gold, silver, copper, quicksilver, iron, and stone coal of which they may have been the discoverers in accordance with the laws and ordinances relative thereto.
• Art. 3. No foreigner can acquire more than two country properties in the same department without permission from the Supreme Government.
• Art. 7. Foreigners who may acquire country or town property or mines, and the foreigners who may be employed in the same as servants, operatives, or day laborers shall not be obliged to renewer military service unless it be of a police character, but they shall be subject to militia tax.

On the 30th of January, 1854, General Santa Ana declared the foregoing decree of the 14th of March, 1842, to be still in force.

Decree of October, 1842.

Foreigners who are members of companies, discoverers of mines, or denouncers of such as are abandoned, although they should absent themselves from the Republic, shall not thereby lose their right to the same, no matter what may be the motive and length of such absence.

Decree of June 16th, 1856.

The President declares that vessels bringing immigrants for colonies in the State of Vera Cruz are not subject to pay tonnage duty.

Decree of May 10th, 1856.

Decree of President Ygnacio Comonfort for the establishment of four colonies between Jalapa and Vera Cruz; lands to be granted and no taxes to be paid thereon for three years.

Foreigners who petition for land for cultivation shall be entitled by this act alone to be considered Mexican citizens.

Decree of June 11th, 1857.

Forced loans having been exacted from foreigners, thereby placing the Government in an unpleasant position with respect to neighboring friendly nations, such loans cannot be exacted.

Decree of November 15th, 1858.

His excellency the President having received notice of the fact that some authorities and military chiefs, overstepping the limits of the powers with which they are invested, have committed acts of violence not only against Mexican citizens, but also against the subjects of foreign nations who are residents of the Republic, which can not be justified even under the circumstances resulting from the civil war which unfortunately exist at the present time; and these acts of violence having caused complaints to be made to the supreme Government, and claims against the same by the representatives of nations the citizens of which have suffered such violence:

His excellency the President orders me to make it known by the present circular that, with respect to foreigners, he desires me to make effective the guarantees of protection which, by the law of nations and treaty stipulations, all foreigners are entitled to receive who observe such neutrality as the present condition of the country requires. The supreme Government will therefore not tolerate any act of violence against them, either by the superior military officers or subalterns, nor by any authority, but, on the contrary, any one committing such acts of violence will incur the displeasure of the Government and be subject to such punishment as the law may award should they deliberately and without just cause act arbitrarily with respect to peaceable and honorable foreigners, remembering that they are exempt from all military service and not subject to forced loans.

His excellency the President recommends that every possible measure be taken for the security and protection of the subjects of friendly nations in their lives and properties, since in this is interested the honor and good name of the Republic and the preservation of its harmonious relations with foreign powers.

Decree of President Juarez, March 13th, 1861.

The worthy citizen Juarez, constitutional President ad interim of the United States of Mexico, to the inhabitants thereof. Know ye: That in exercise of the ample authority with which I am invested I have thought proper to make the following decree:

• Art. 1. Every foreigner who alone, or in company with other foreigners, may purchase lands for agricultural purposes or for the establishment of any rural industry, for the period of five years from the date of the deed of purchase shall be exempt from all kind of taxation or contribution, being only required to present a map of the land in his possession to the minister of internal improvements, without which he will not be entitled to the favor above mentioned.
• Art. 2. Every foreigner or company of foreigners who may purchase lands for the purpose of forming a colony, they and their colonists for the period of ten years, counting from the date of the deed of purchase, shall be exempt from all kinds of contributions or taxes, saving such municipal taxes as they themselves may impose; but shall within one year present a map of the survey of the land they possess to the minister of internal improvements, under the penalty of losing the favor granted by this article.
• Art. 3. The foreigners referred to in the foregoing articles shall for five years more be entitled to the privileges granted, provided that if on the expiration of the said term of five years they can prove that they have on their land or among their colonists employed Mexicans to the number at least one-third of all the laborers or colonists.
• Art. 4. No import nor internal duties shall for two years be charged on goods which are introduced directly for the consumption of the colonists or for the cultivation of the lands. Goods that may be introduced for commercial circulation, the origin of which is purely European, will be liable to confiscation.
• Art. 5. The colonies that may be established under the foregoing authority, being sustained principally by foreign capital, shall have entire liberty to dispose of the municipal funds which they themselves provide, and the authorities shall not interfere with the revenues that they may designate.
• Art. 6. The lands cultivated, and the colonies thus formed, in all things pertaining to the fulfillment of the guaranties which are conceded by this law, and the guaranties given by the constitution of the Republic, shall for two years enjoy the rights of foreigners, according to the nation to which the owner of the rural establishment belongs, or the majority of the colony.
• Art. 7. In all points which are not expressly determined by this law, the owners of the establishments and the colonists shall be entirely subject to the law of the country, the same also on the expiration of all and each one of the periods mentioned in the foregoing articles.

Proclamation of Placide Vega, January 2d, 1862.

Placide Vega, constitutional governor of the State of Sinaloa: To the inhabitants thereof. Know ye:

That the Congress of the same has decreed as follows:

No. 30. The people of the State of Sinaloa, represented in Congress, decree:

• Art. 1. The vacant land and waters of Sinaloa are the property of the State, one-half of which shall be dedicated to the encouragement of national and foreign immigration, and the other half to the public treasury.
• Art. 2. Every immigrant who, by himself or in company, may come with capital to establish himself in Sinaloa shall obtain gratis an area of land sufficient for the establishment of a colony, without any cost whatever, save that of the survey of the land.
• Art. 3. Foreign immigrants shall be exempt from all military service for the period of five years, and they shall besides be permitted to establish their own municipal government, provided they do not interfere with the laws of the State.
• Art. 4. The Government will dictate the most effective and peremptory orders to the end that the immigrant shall not be molested nor caused to safer the embarrassment that might result from a strict application of the laws on their journeys from the points at which they may enter the State to the place which they have selected as residences, and in their residences they shall be aided and protected by the local authorities whenever it may be necessary.
• Art. 8. The inhabitant of the State who may produce the first hundred bales of cotton of twelve arrobas to the bale, one hundred arrobas of coffee or sugar, shall be paid a premium of three thousand dollars, to be paid preferably from the treasury of the State; the Government will cause this law to be most strictly fulfilled, and will direct that the surveys of vacant land be commenced in the district of Mazatlan.

(It is proper to observe that the law of the Mexican Congress of the 4th of August, 1824, granted to the States of the Republic the revenues derived from the sales of the vacant land embraced within the limits of the same, and under this law the State of Sinaloa claimed its vacant or public lands, hence the foregoing decree of Placide Vega, governor of the State, relative to the disposition of its public lands.)

The following translated extracts are from the “Recopilacion de las Leyes, Decretos y Proclamaciones de la Union, formada porla Redaccion del Diario Oficial;” being but another title of a continuation of the same character of work as that from which the foregoing was taken.

Circular from office of the Secretary of Improvement, Colonization, Industry, and Commerce.

The immigration of industrious and intelligent colonists has been and is generally considered in our country so fruitful in natural products of all kinds as to be a matter of the most urgent necessity. The good results thereof are no more doubtful in our country than in those which by these means have developed their resources and advanced in the road of progress.

This is a problem which has already been definitely solved; and the only matter now to be considered is the best method to be pursued in order to reach the ends desired.

Many laws have been passed and many measures adopted for the accomplishment of this purpose by the former governors of the Republic, but all, or almost all, have proved ineffectual on account of the practical difficulties of all kinds, caused principally by political troubles.

At present the Mexican Republic is in a favorable condition for renewed efforts in this direction. Peace is now established in the whole extent of its territory; the currents of immigration which heretofore have been directed to other countries have been arrested or decreased in their importance; surplus foreign capital does not find productive investment; and, lastly, the present Government is animated by an earnest desire in this matter, and “is resolved to make all kinds of sacrifices in order to attract honorable and industrious foreigners to our favored soil, and to procure their establishment thereon.”

In order to accomplish this end by the most practical means, this ministry suggests that as soon as possible all the important and most interesting data be collected to serve as a guide in dictating such measures as are required to be taken in forming the first centers or nucleus of colonization.

The object of the present circular is to complete the reports which exist in the archives of the secretary’s office by obtaining such as can be furnished by the State authorities through the means that they may have within their reach. Your well-known intelligent patriotism, citizen governor, and the interest you take in the public welfare, render it unnecessary for me to urge your co-operation in a matter of such transcendent benefit to the country.

One of the most important questions to be considered by the Government is the fate of the colonists from the moment they land on our soil, whatever may be the system adopted for the establishment of the colonies. It is, above all things, important to avoid loss of time and unnecessary delay, and what is more important, to prevent physical and moral suffering among the newly-arrived immigrants by making them acquainted with what they will need at the different points which they may intend to settle.

Agriculture and other industries are the surest guaranties for the prosperity of a country; industrious agriculturists and artisans are therefore the immigrants which we should most seek to attract. But that the current of immigration may be properly directed it is necessary to give the colonists, before they reach the country, or at furthest, at the moment of their arrival, such instructions as they may need relative to the selection of lands on which to establish themselves.

Mexico, August 25, 1877.

The foregoing circular was issued by the ministry of improvements, industry, and commerce:

Extracts from contract executed with Cornelio Ornelas for the survey and colonization of lands on the northern frontier.

• Art. 14. The colonists who may establish themselves on the said lands, as also the directors of the colony, shall enjoy, in accordance with the law cited, for ten years, counting from the date of the establishment of the first colonists, the following privileges: Exemption from military service, and from all kinds of contribution, except such as are of a municipal character; from all kinds of import and internal duties on provisions, farming implements, tools, machinery, building materials, personal property required for use, work and breeding animals, export duties on the fruits of harvest, and they shall receive premiums and special protection for the introduction of a new cultivation or industry.
• Art. 15. The executive will devote, during the first ten years from the foundation of the colony, the sum of one thousand dollars annually, which will be expended in paying premiums to the colonist or colonists who may introduce any new cultivation or industry.
• Art. 16. The colonists shall be considered as having the same rights and being subject to the same obligations which are conceded to and imposed on all Mexicans in accordance with the general and special laws of the country.

Mexico, May 20, 1881.

Extract from contract with Ramon Fernandez for the survey and colonization of vacant lands in the State of San Luis Potosi, in the Republic of Mexico.

• Art. 1. The citizen, Ramon Fernandez, is authorized to establish on his own account, or for the company which for that purpose he may organize, agricultural, mining, or manufacturing colonies in the State of San Luis Potosi, Republic of Mexico.
• Art. 12. The colonists shall be considered as having the same rights and being under the same obligations as are conceded to and imposed upon all Mexican citizens by the general laws of the country and the special laws of the State of San Luis Potosi.

Extracts from mining code of Mexico, adopted in 1885.

• Art. 1. The following are the subjects of this law:
• Clause 1.—The mines and deposits of all inorganic substances, which, in veins, sheets, or in masses of any form, constitute deposits, the composition of which is distinct from the rocks or earth, such as gold, silver, copper, iron, manganese, lead, quicksilver, tin, antimony, zinc, sulphur, rock-salt, and other analogous substances, the utilizing of which requires mining labor.
• Art. 5. Every person capable, under the law, of holding real, estate in the Mexican Republic can acquire the mines, placers, reduction works, and waters comprehended in article 1.
• Art. 6. Foreigners can acquire the ownership of mines under the instructions imposed by the laws, and possess and transfer them the same as Mexicans.
• Art. 7. The ownership of mines acquired in accordance with this code can be transferred the same as any other property.
• Art. 8. The right to mining property does not lapse except in such cases as are set forth in this code.

Aside from the general laws and decrees which, from time to time, have been issued by the Mexican Government for the encouragement of immigration to its territory, large concessions have been made to empressarios, both native and foreign, under the condition of colonizing the same as herein set forth.

From the foregoing citations it is shown that the Mexican Government by the enactment of laws and the issuance of decrees has repeatedly invited foreign immigration to the territory of that Republic under all the guaranties and assurances of protection in life and property that could be given; that such invitations and assurance commenced soon after the achievement of the Mexican independence, and that they have been repeated and extended from time to time. It is historically and traditionally notorious that under such invitations and assurances of protection, many emigrants have gone from the United States to the Mexican Republic for the purpose of settling therein, and that many capitalists have gone there and invested their money in mining, agricultural, commercial, and other industrial pursuits and enterprises; and it is also historically and traditionally notorious, that while some of such emigrants and capitalists have found that protection of which they had been assured, and have met with success in their enterprises, many others have been robbed of their property, their lives have been placed in jeopardy, and many have been murdered.

Whether these misfortunes and wrongs have resulted from the indifference of the Mexican Government, or from its inability to control its ignorant and prejudiced population, is a matter of no consequence in this controversy. The historic facts are as above set forth.

Respectfully submitted.

Henry N. Clement,
Attorney and Counselor for Janet M. Baldwin.

San Francisco, Cal., February 4, 1888.

[Inclosure 8 in No. 8.]

Mr. Clement to Mr. Bayard.

528 California Street,
San Francisco, Cal., March 3, 1888.

Sir: I herewith inclose you my brief on behalf of the petitioner in the case of Janet M. Baldwin in her claim against the Republic of Mexico, in which I have marshaled the leading facts for the purpose of showing that the case is one which entitled the petitioner to invoke the aid of her Government under the principles of international law.

I have not the material here from which to glean precedents, and I have therefore not presumed (and I shall not presume unless I am instructed to do so) to instruct one so eminently and thoroughly conversant, as you have for so many years been known to be, as to the rules and principles of international law. I think you will recognize at once that I have fairly stated them by referring to the first and second pages of my brief.

If I have fairly and correctly stated them, then, indeed, may I submit my case upon the evidence to which I have called specific attention.

I respectfully submit the case to you upon the testimony on file, with the assurance that you will give it that earnest and patriotic attention which it deserves, for Leon Baldwin was slain because he was an American.

Your obedient servant,

nry N. Clement.

[Inclosure 9 in No. 8.]

brief on behalf of petitioner.

In the matter of the claim for indemnity by Janet M. Baldwin against the Republic of Mexico.

In advising the petitioner, Mrs. Janet M. Baldwin, that she had a just, valid, and meritorious claim for indemnity against the Republic of Mexico on the ground of its gross negligence in permitting the assassination of her husband, Leon McLeod Baldwin, by Mexican citizens, under the circumstances detailed in the testimony on file, I have never for one moment ceased to consider that there ought to be, and indeed must be, a concurrence of two facts or a combination of two ingredients to fix national responsibility for any crime committed by citizens of one country against citizens of another; and that it devolved upon us to show such concurrence of facts or combination of ingredients in order to entitle us to invoke the aid of our Government to make such demand on our behalf.

The memorial and petition of Mrs. Janet M. Baldwin is drawn upon the theory that the two facts alluded to do concur in this case, viz:

• First. That the principal motive which led to the killing of Leon McLeod Baldwin was the prejudice and hatred which the native inhabitants who murdered him cherished against him because he was an American.
• Second. That the constituted authorities of Mexico, though frequently notified of the outrages which had previously been committed upon the American residents at Ventanas and of the dangers which still threatened them from the native inhabitants and frequently urged to furnish them protection, nevertheless grossly neglected and failed to furnish them such protection or any adequate protection whatever.

I.

Under the first proposition above stated the two following facts concur, to wit:

1. That Mr. Baldwin was not killed for robbery or plunder.

2. That he was killed because he was an American.

1. That Mr. Baldwin was not killed for robbery or plunder is conclusively shown from the following facts, to wit:

(a) He was first shot at from behind some rocks and was (as it is now believed) fatally wounded, but managed to retreat into the tunnel, where he was safe from their shots. A parley ensued between his would-be assassins and the head miner, in which Mr. Baldwin sent word to them that “if it was money they wanted” he would see “that they were paid any sum that they might demand.” They refused the proposition, but demanded his surrender, and promised that if he would come out and surrender himself to them they would “treat” with him on a money basis “and would do him no harm.” Relying upon their promise he did surrender himself to them, gave up his pistol, was helped on his mule, which he was found to be too weak to guide, and the assassins ordered a boy at the mine to go with them and lead the mule. He was thus completely unarmed and in their power. They did not proceed to treat with him on a “money basis,” but on the contrary, proceeded to shoot him through the head while he was their prisoner, for no other reason that we can now conjecture except that which they themselves gave when they first fired upon him at the mine, viz: “That they intended to make way with all the Gringo Company, one by one, in the same way.” (See Beveridge’s testimony, pp. 3, 4, and 5.)

(b) He was not killed in a struggle or personal conflict in which he was defending his life or his property against bandits, but he was shot down while a wounded and dying man by persons who had taken him prisoner and were carrying him away. If they were taking him away to hold him for ransom it is not reasonable to suppose that they would have killed him and left him in the road, for by so doing they at once destroyed the only hope they otherwise would have had of securing a ransom. (Beveridge’s testimony, pp. 3 and 4.)

(c) He was not killed for plunder. His murderers did not rob him. His watch was found upon his person after his death. (See Beveridge’s testimony, page 4.)

2. That the chief motive which led to the killing of Mr. Baldwin was because he was an American is shown by the following facts, to wit:

(a) The assassins boldly announced, while he was hiding from them in the tunnel, that they “intended to make way with the entire Gringo company, one by one, in the same manner.” (See Beveridge’s testimony, pp. 1, 2, and 3.)

(b) Neither of the two assassins who put him to death were known to him personally or ever had any personal difficulty with him. It was not a personal quarrel. The only man with whom Mr. Baldwin had ever had even a semblance of a personal difficulty (if discharging a disorderly workman from a mine could be called a personal difficulty) was Esporidon Morales, who was not present and who did not participate in his murder.

(c) Two Americans, superintendents of a rancho owned by the same company, had been murdered within two months previously, under circumstances so peculiar and so aggravated as to show conclusively that it was not robbery alone, but native prejudice and hatred, in part, which led to the killing. Murder is not a necessary accessory to robbery, and was not so regarded subsequently by the same outlaws when they pillaged some of their own countrymen. (See Gilman’s testimony, page 17.)

(d) The firm of W. W. Carroll & Co. was uniformly known among the Mexican inhabitants in the vicinity of Ventanas as “The American (or Gringo) Company.” The members of the company and all their foreign employés were indiscriminately called “Gringoes” by the lower classes among the natives, who were in the ascendancy, and indiscriminate threats were made by the disorderly native inhabitants against the entire “Gringo Company” and against all the foreign population of Ventanas. (See Holman’s testimony, pp. 23 and 24; Gilman’s testimony, p. 16.)

(e) On account of these threats Mr. John D. Almy, a member of the firm of W. W. Carroll & Co., had left Ventanas to save his life,

(f) On account of these threats Mr. Edward L. N. Gilman (a gentleman of high standing and marked intelligence, whose testimony has been taken in this case) had sacrificed his valuable property and left Ventanas to save his life. (See Holman’s testimony, p. 23.)

(g) On account of these threats Mr. George F. Beveridge (a gentleman well known in San Francisco as a man of courage, integrity, and upright character, whose testimony has been taken in this case) resigned a lucrative position as superintendent of the mines at Ventanas, made his way to the City of Mexico, where he appeared before the American legation personally and made oath to the entire truth of the statements contained in the memorial and petition, and positively stated that he left Ventanas to save his life, which had been threatened by the native inhabitants. (Beveridge’s testimony, p. 8.)

(h) Mr. W. W. Carroll, the senior member of the firm of W. W. Carroll & Co. (otherwise known as “The American Company,” the owner of the Ventanas mines), who has spent 26 years of his life-time in Mexico, and is justly looked up to and respected as a man of the highest standing and integrity, has given his testimony under oath before the German consul at Durango, to be read in this case, that he dare not go to Ventanas, where his property is situated, for fear of losing his life, and is to-day, and has been for months past, in banishment from his property, a refugee at Durango. (See Mr. Carroll’s testimony, pp. 13 and 14.)

(i) Two Americans, named, respectively, Swartwout and Oliver, who owned ranches in the vicinity of Ventanas, and have their homes there, dare not go to them because their lives have been threatened. They are refugees from their homes. (See Carroll’s testimony, p. 13.)

(j) Mr. Smith’s life was threatened, and he was killed in pursuance of the threats. (Gilman’s testimony, pp. 12 and 13; Beveridge’s testimony, p. 4; Holman’s testimony, p. 24.)

(k) Mr. Blanche’s life was threatened, and he was killed in pursuance of the threats. (See Holman’s testimony, p. 24.)

(l) Mr. Baldwin’s life was threatened, and he was killed in pursuance of the threats. (See Holman’s testimony, p. 24.)

(m) A malignant spirit of envy and hatred of the Americans sprang up among the lower classes at Ventanas after the Bernal raid of 1886, which found expression in the opprobrious epithet “Gringo,” which was applied to all the Americans without discrimination, and without other personal grudge or motive. (See Holman’s testimony, pp. 22, 23, and 24; Beveridge’s testimony, p. 4.)

(n) It was openly avowed, declared, and threatened that the Gringoes must quit the country, and that unless they did so they would all be killed. (See Gilman’s testimony, pp. 13, 14, and 15.)

(o) There was no personal grudge or ill feeling against the individual Americans, or charge of unfair dealing against the “American Company.” It was purely a political or race prejudice, and did not exist against any class of the native inhabitants, but was aimed and cherished exclusively against the Americans. (See Gilman’s testimony, p. 15; Holman’s testimony, p. 24.)

(p) On the 16th day of September, the Mexican independence day, the orator of the occasion cautioned the people to “beware of the Americans,” that “they were accumulating much land and mining property, and that they (the Americans) would soon try to put their foot on the Mexicans’ necks.” (See Carroll’s testimony, p. 14.)

(q) Both Mr. Gilman and Mr. Beveridge, one in San Francisco and the other in the City of Mexico, in their testimony, under oath, make the remarkable statement that Mrs. Baldwin’s petition and memorial “understates instead of overstates the facts,” and add that, from reading it, “no adequate conception can be had of the intense prejudice and hatred of the Mexican inhabitants of Ventanas against foreigners, and especially against Americans, nor of the unsafety and insecurity of life and property which exists there.” (See testimony of Gilman, pp. 1 and 2; testimony of Beveridge, pp. 1 and 2.)

II.

That the constituted authorities of Mexico were guilty of gross and criminal neglect in failing to protect the Americans at Ventanas, is conclusively shown by the following facts, viz:

(a) The Mexican Government was fully notified of the state of affairs at Ventanas at least eight months before Mr. Baldwin was murdered, by an urgent written request transmitted through the office of the American legation in Mexico, asking for troops to be sent to Ventanas to protect the American residents there.

(The correspondence which followed this written request was conducted through Mr. J. L. Morgan, former chargé d’affaires under General Jackson. This correspondence is on file in the office of the American legation in the City of Mexico, and I respectfully ask your attention to it; and if the same has not been transmitted to the State Department at Washington, I respectfully ask that it be called for and used as a part of the testimony in this case.)

(b) Frequent applications were made to the district authorities at San Dimas, the district in which Ventanas is situated, to the governor of the state of Durango, as well as the Federal Government, at the City of Mexico, for troops to be sent to Ventanas to protect the Americans there, who were known to be in danger; but little attention was paid to these repeated and urgent requests, and no effectual measures were adopted to render protection. (See Carroll’s testimony, pp. 11 and 12; Beveridge’s testimony, pp. 4 and 5.)

(c) The governor of Durango promised fifty soldiers in eight days, and actually sent but ten men after the lapse of forty days. Mr. Baldwin was murdered after these soldiers were promised and before they arrived. (See Carroll’s testimony, p. 12.)

(d) After killing Mr. Baldwin the assassins remained several days in the vicinity of Ventanas and sent word to the authorities there to “come and take” them, but no attempt was made to do so. (See Beveridge’s testimony, p. 5.)

(e) The local authorities were in actual connivance with the outlaws, and actually assisted Esporidon Morales, one of the most desperate criminals among them, to escape, when they could have arrested him; but instead of which they notified him to go away and avoid being arrested. (See Beveridge’s testimony, pp. 5, 6, and 7.)

(f) It was known by the authorities at Ventanas that the assassins were in concealment near the Valenciana mine for the purpose of assassinating Mr. Baldwin, and yet no force was sent after him, and no effort was made to catch them. (See Beveridge’s testimony, p. 7.)

(g) So weak and inadequate were the measures finally adopted for quelling the disorders at Ventanas that it was openly charged throughout the State of Durango that some of the State officials were in sympathy with Eraclio Bernal, and were covertly working in his interest. (See Gilman’s testimony, p. 17.)

(h) After the murders of their victims the assassins freely mingled with the local officials, enjoyed perfect immunity from arrest, and openly boasted in the case of Mr. Blanche that they had “killed the foreigner at the ranch.” (See petition and memorial, p. 5, certified to be true by all the witnesses.)

(i) It was not the formidable Eraclio Bernal and his band that killed Smith, murdered Blanche, and assassinated Baldwin, but an insignificant squad of local desperadoes, who, emboldened by their immunity from danger of arrest and punishment for the crime committed by them upon Americans, branched out into a general work of lawlessness and plunder against the native inhabitants, and then, and not till then, did they meet with the summary punishment which they did meet with in their first attempt on the inhabitants of Durazno. (See testimony of Holman, pp. 24 and 25; see testimony of Beveridge, p. 5.)

(j) The inhabitants of Durazno did in less than three days what the entire military force at the disposal of the Republic of Mexico had failed to do in eight months.

I have thus pointed out a few of the specific facts upon which I rely to establish the proposition that Mr. Baldwin’s murder was not the mere ordinary case of a man who was killed by bandits for plunder, but that he was the victim of the traditional prejudice against our countrymen which even yet exists in some parts of Mexico, among certain classes of society and under certain conditions.

It can not be denied that these circumstances and others which appear at every page of the testimony constitute a very grave indictment against Mexico, and one which, if this Government has any respect for the lives of its citizens, should be followed up by a prompt and earnest demand for such reparation as that Government can now make to the widow and orphan of the man who was killed, seemingly for no other reason or motive than the race prejudice and traditional hatred entertained by his Mexican murderers against him because he was an American.

It does not seem to me that this Government can afford to ignore this most highhanded outrage committed upon one of its own citizens by Mexican outlaws, who, at the time of the killing, recklessly declared their intention to make way with “the entire Gringo company, one by one, in the same way;” nor does it seem to me that the Republic of Mexico can be allowed to plead its own inefficiency and powerlessness to cope with the outlaws, in the face and eyes of the fact that these same outlaws were so easily and so quickly disposed of by aroused and outraged citizens of Durazno when the life of one of their own race and countrymen was in jeopardy.

It would be very difficult to make the people of the United States to believe that the Republic of Mexico, with the military force at its disposal, could not do in eight months what the people of Durazno did in less than three days; and it will be still more difficult to make the people of this country understand why the ten thousand dollars reward which secured the head of Bernal was so tardily offered when it is known that he and his band have been committing the same species of depredations for nearly ten years past.

the law of the case.

I have not presumed to present to the State Department an argument upon the principles of international law applicable to this case, nor to cite to the Department precedents established by our own Government in similar cases.

If this Government has ever, at any time, denied its responsibility in a case presenting such features as this, then indeed am I disappointed in the honor and integrity of my country.

I think I am fully justified in saying that if there is one subject about which the people of the United States are unanimous in opinion, it is that this Republic must more jealously watch and protect the lives of its own citizens wherever they may be on the face of the earth.

Respectfully submitted.

Henry N. Clement,
Attorney and Counsellor forPetitioner.

1. For Mr. Romero’s note of November 4, 1887, see Doc. No. 835, post, page 1250; for Mr. Romero’s note of November 28, 1887, see Doc. No. 839, post, page 1254.