Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress, December 4, 1893
Mr. Gresham to Mr. Ryan.
Washington , March 10, 1893 .
Sir: I transmit a copy of dispatches, from our consul-general at Nuevo Laredo and our consul at Guaymas, relative to the unwarranted arrest and imprisonment of Mr. Edward Lycan, an American citizen, at that place in December last.
You will present this case to the notice of Mr. Mariscal, and will express the assurance of the Government of the United States that, in view of the facts, the necessary steps will be taken to correct any wrong that may have been perpetrated against Mr. Lycan, and to punish any person who may be found guilty of any abuse of legal process.
I am, etc.,
Mr. Sutton to Mr. Wharton.
Nuevo Laredo , December 27, 1892 .
Sir: I inclose herewith copy of a letter from our consul at Guaymas, dated the 16th instant, and also of a letter from Mr. Lycan, dated the 10th instant, addressed to Consul Forbes, regarding the detention of the latter at Guaymas because of his alleged connection with the American schooner Dora Bluhm, recently wrecked near Topolobampo. I also inclose you herewith copy of my letter to Consul Forbes, of this date.
By his letter it would seem that the director of the Topolobampo colony was interested with Mr. Lycan in the purchase of the vessel. Consul Forbes and Mr. Lycan seem to think that the latter has been very unjustly treated. Not having learned what charges have been made against him it is impossible to state whether or not there was sufficient cause to order his detention. It is possible that he has been treated with undue severity, or even arrested when there was no good cause.
In this connection I beg to suggest that our minister be instructed to call the case to the attention of the Mexican Government to the end that it order an investigation. If this be done I am confident that any improper action on the part of any Mexican subordinate official will be promptly corrected.
I am, etc.,
Consul-General.
Mr. Forbes to Mr. Sutton.
Guaymas , December 16, 1892 .
Sir: I am in receipt of your communication, and I am thankful to you for the information.
At present I think I shall have to deal with a very intricate question, which may become international. The facts are the following: An American schooner, Dora Bluhm, was wrecked off the coast of Sinaloa, and after the vessel got aground, over [Page 409] 5 miles from the port of Topolobampo, the captain went on shore and sold the vessel at private sale to one Dr. E. Lycan, who hired men and went out to save the vessel and cargo, having previously entered into an agreement with said consignee, in writing, to receive a certain amount for saving his cargo. After he had succeeded in getting the ship afloat, the custom-house officers from Topolohampo went on hoard as an armed force and ordered Lycan and party ashore, took them in a boat and landed them on a desolate island 5 miles from the nearest settlement.
The director of the colony, interested with Lycan in the purchase of the vessel, entered a solemn protest against the arbitrary proceedings of the custom-house officials. Lycan went to the chief custom-house officer and asked him if he had anything against him, and the answer was in the negative. The steamer Romero Rubio being in port, and as Lycan’s wife was seriously ill, he concluded to take her to California, and was permitted so to leave the place with the assurance that rumors of his intended arrest were not true; but, upon arriving here, the captain of the port had a telegram for his apprehension, and he was marched off to jail without ceremony. The guard having orders not to let him communicate with me as American consul, I, nevertheless, did go, and had an interview with him, and he is, or claims to be, an American citizen. I inclose you herewith his application to me, and do not know what to do so as not to compromise the Government; but I can assure you that these authorities have been acting in a high-handed manner.
Also, as the result of the purchase of the vessel from the captain, it seems that the underwriters and owners, who were not insured, gave power of attorney to a person who came to the scene of the wreck and after the vessel was saved and cargo delivered to the consignee, they pretend to annul the sale and will bring the vessel to this harbor, where the purchaser, Lycan, is detained in jail.
Now I would ask you what are my duties in the premises if a question is moved before me here concerning the legal ownership of the said vessel.
Mr. Sutton, being a novice in this class of business, I do not wish to give a single step that would not be in conformity with the provisions of our regulations, and hence my reasons for molesting you. Hoping to receive an answer at your earliest convenience and the return of Lycan’s petition to me,
I am, etc.,
Mr. Lycan to Mr. Forbes.
Dear Sir: I am a citizen of the United States of America, born August 25, 1847, at Paris, Elgin County, Ill., of American parentage. During the two years last past I have been engaged in interesting capital for Mexican investments and during that time have succeeded in causing the erection of a $250,000 sugar refinery and in inducing Americans to invest $30,000 in agricultural and fruit lauds, and am just in receipt of a telegram stating that concessions or contracts for colonization of these and other lands have been granted.
I was on my way to the United States in the interest of these Mexican enterprises, and on arrival here, December 1, I was arrested by the captain of the port, who simply said he had received a telegram from Ahome Fuerte, Sinaloa, to detain me. It was only through the interference of friends that I was enabled to communicate with you, and, notwithstanding your earnest protest, I was taken to and put in a very filthy jail, where I remained several hours before I was released through your and Judge Robinson’s intercessions. Again on the 3d I was arrested and confined several hours, and again on the 10th I was arrested and confined in jail half a day, and during all of this time no charges have been preferred against me. I have been almost constantly annoyed by the surveillance of guards or policemen watching me and calling at my rooms where my wife has been and is now dangerously ill with typhoid malarial fever.
These frequent arrests have caused her much suffering and annoyance, that is entirely uncalled for, as I have repeatedly offered bonds or security for my appearance whenever charges might be brought against me.
In view of what has been set forth above and in view of the fact that the prefect, the captain of the port, the district judge, and all their subordinate officers have been carrying things with a high hand, ignoring all constitutional rights and privileges assured to all persons regardless of their nationality, and as I am powerless, while I feel that great injustice is being done to me, I now appeal to you for protection as a citizen of the United States of America, requesting that you may take whatever steps you may deem advisable to the end of securing to me and my person all the security to which an American citizen is entitled.
Believe me, etc.,
Mr. Sutton to Mr. Forbes.
Nuevo Laredo , December 27, 1892 .
Dear Sir: Your favor of the 16th instant, as to the American Schooner Dora Bluhm, is to hand. The customs laws of Mexico, “ordenanza general,” have ample provisions for vessels wrecked along the coast. In the case of an American vessel not destined to any Mexican port, you would be entitled to intervene with the collector. But in this case, where, as I presume, she was destined for a Mexican port, the case would come entirely under the customs regulations for administration by the collector at the nearest port. If the captain or Mr. Lycan has not violated any provisions of the law, I cannot understand why the latter should have been arrested. He says no charge has been made against him. There must have been some person who thought he had violated the provisions of the ordenanza general. Try to find out who that person was, whether the collector of customs, jefe politico, or judge, and also the charge which has been made against him.
The Federal Government of Mexico has pretty severe laws against attempts at smuggling, but it will not tolerate any abuse by their own officers of the administration of these laws. If there has been any such, it will be brought out in the investigation. So soon as you can find out the nature of the charge, please report it to me. Also advise Mr. Lycan at once to secure a good attorney and have all his rights under Mexican law promptly invoked. Only after all the legal remedies have been exhausted and his rights refused can we properly ask the intervention of our Government.
In the meantime, I will be obliged to you if you will obtain all the information possible regarding the case and report it to me at once. At the same time advise Mr. Lycan that his immediate duty is to appeal to the Mexican courts and have his rights established by them. If it should prove that he has been wronged by the subordinate officials I am confident that this will be corrected on appeal. But he himself must make these appeals, and that in due time, so that it cannot be alleged of him that he did not avail himself of all the provisions of the law.
Very truly yours,
Consul-General.
Mr. Sutton to Mr. Wharton.
Nuevo Laredo , January 13, 1893 . (Received January 18.)
Sir: Referring to the case of the schooner Dora Bluhm and Mr. Lycan, at Guaymas, reported in my No. 484, of December 27 last, and as to which I was instructed by Instruction No. 222, of the 5th instant, I beg to inclose herewith, copy of an extract from a letter I have received from Consul Forbes, showing that Mr. Lycan’s case is properly before the court. They still insist that there is no charge against Mr. Lycan, and that the amparo asked by him has been decided in his favor by the district court and forwarded to the city of Mexico for the action of the supreme court.
Under the circumstances I see nothing necessary to be done in this case at present.
I am, etc.,
Consul-General.
Mr. Forbes to Mr. Sutton.
Guaymas, Mexico , January 8, 1893 .
Dear Sir: Yours of the 27th of last month reached me only day before yesterday, and in answer thereto I beg leave to inform you that all you suggest has been done in Mr. Lycan’s case, and the amparo proceedings, as decided in his favor by the district court, have been forwarded to the capital to await the action of the supreme court thereon. No charges have been filed here against him, and he continues [Page 411] out of jail but under constant guard. I can give you no further information on the subject, except as to what Mr. Lycan intends to do as soon as the schooner Dora Bluhm arrives in this harbor; that is to say, he will have his lawyer claim the vessel both on account of his purchase and also for salvage, to which, in any event, he believes he is entitled.
Yours, etc.,
Mr. Forbes to Mr. Wharton.
Guaymas , February 20, 1893 . (Received March 2.)
Sir: In answer to your dispatch No. 10, dated February 8, 1893, I beg leave to say that Mr. Edward Lycan is an American gentleman who was arrested here, as he has set forth, and for whom I did all in my power; but he was most shamefully treated and put in prison upon several occasions without taking any heed of my opposition to the high-handed manner in which these petty officials acted. His arrest is supposed to have originated from a conspiracy against him by some wealthy citizens of Ahome, with whom Lycan had large business transactions, and the customs officers of Topolobampo and Ajiabampo. A simple telegram is the only paper upon which he was arrested and deprived of his liberty for nearly two months, and no proceedings were ever had or taken against him; at least no accusation was presented against him in these courts. In order to prove conclusively that he has been wrongfully detained and kept under arrest, I inclose herewith a translation of the decision of the supreme tribunal of justice of the Republic, in which the entire court condemns the acts of the inferior authorities who took part in Mr. Lycan’s imprisonment.
The want of respect for Americans in general in this part of Mexico, and the flagrant abuse of authority practiced by the majority of Mexican officials, convinces me of the great necessity of having our Government make these people understand that the rights of American citizens, who do not transgress any Mexican law, must and shall be respected. I am of the decided opinion that the many attempts by diplomacy in settling the numberless cases of abuse and cruelty perpetrated upon our law-abiding citizens should be treated in a more exacting manner. I am fully convinced that our Government would be justified in making a stern and determined demand for reparation, when these authorities are condemned by their own tribunals for their flagrant violation of the Mexican constitution as against unfortunate American citizens who happen to fall victims either of their envy or their cowardice.
The lamentable situation in which the greater number of our citizens are placed when they come into Mexico is indeed deplorable; and the insignificant efforts of American consular officers count for naught, when we take into consideration the fact that the great majority of such officials become so identified in their business relations with the authorities and the country itself, that they prefer not to incur the displeasure of Mexicans rather than comply with their sworn duty, wherein they are bound to extend the merited protection asked for by American citizens.
The proof of the foregoing is more apparent if a careful study is made of the numberless cases of Mexican lawlessness and cruelty upon inoffensive Americans for many years past. Mr. Lycan, when first arrested, was put in jail, and the captain of the port gave orders that he should not be allowed to see the American consul; but I was on hand and did have an interview with him, and extended to him all the aid in my power under the circumstances, not having as yet received my exequatur nor commission. I telegraphed the American minister at Mexico City, and received two days after the reply that steps would be taken to have me temporarily recognized, which was not done. I immediately commenced amparo proceedings and obtained a hearing, succeeded in getting Mr. Lycan out of jail, but when he was attending to his sick wife, who was on the point of death (as he supposed), he was abruptly carried away to jail again by the police and I had to hurry to his rescue, when the judge told me that he did not recognize me as consul. They carried on in this way for nearly three weeks, and when I received my commission and exequatur I presented myself with my papers and demanded his speedy release; but no one seemed to have jurisdiction to act, until finally the judge took up the case and charged Mr. Lycan $20 for his decision, besides as much more for revenue stamps. This is the proceeding in which Mr. Lyman was able to obtain the services of a lawyer at an expense of $135. I was present at all times in court and acted as his interpreter, refusing to allow any one else to do so for him. He was asked to give bail and I advised him not to give any, but finally, by begging the court, the district attorney, and secretary, [Page 412] he was permitted to go to his room and take care of his wife, hut had guards at his door day and night watching him. These would follow him through the streets and stand at the door of this consulate while Mr. Lycan was with me. As soon as he sent his wife to California I brought him to my house, and the guards watched him day and night, When he was released he tried to get some lawyer to make his claim against the Government, but no one was willing to take his case because they were afraid. Mr. Lycan is now in California, but will have to return shortly to assert his right to the ownership of a schooner that was wrecked off the coast, about which I have already made my report to your office, as per my dispatch No. 2. The name of schooner is Dora Bluhm, and as the question of ownership will have to be determined as between the underwriters and the purchaser, who is Lycan, I would ask your honor what will be my duty in such a case, both contending parties being American citizens. Lycan bought the vessel, holds the papers, and paid his money, which has not been returned to him.
I would therefore, in view of what has been set forth, ask your honor to give this matter your earnest consideration and by your great tact and wisdom secure to our citizens the protection that they so much desire.
I am, etc.,
Consul.
One stamp that reads:
Supreme court of justice of the United States of Mexico:—Full court; Mexico, December 30, 1892. In view of the decision rendered through a legal adviser which the first substitute judge of the district court of Sonora pronounced on the 20th day of the present month granting the relief asked for by the prosecuting attorney in favor of the American citizen, Edward Lycan, against the act of the captain of the port of Guaymas, who ordered him detained in the public jail of said city, in virtue of a telegraphic dispatch from the chief of customs section of Ajiabampo, without setting forth the crime for which he was prosecuted; in which petition the complainant alleges that the guarantees given in article 16 of the constitution have been violated.
Considering that, from the report of the executive authority, it appears that the telegraphic request of the chief of the custom-house of Ajiabampo to the captain of the port, without expression of the motive, or any foundation whatsoever, was the origin of the order of detention against the complainant, which did not emanate from any competent authority, nor from any previous order of arrest, which was only promised, but never presented, up to the date of the decision herein revised.
That in such proceedings and omissions is clearly shown the flagrant violation of the sixteenth article of the constitution.
For these reasons, based upon the mentioned article 16 of the constitution of the Republic, and of the law of the 14th of December, 1882, the decision of the first substitute district judge of Sonora is hereby affirmed, and we declare that the justice of the Union protects and shields the said Edward Lycan against the acts whereof he complains. Let these proceedings be returned to the court from which they emanated, with copy of this decision, and let the same be recorded. Thus, by a unanimous vote, the President and ministers of the supreme court of justice of the nation declared and signed: J. Romero, J. M. Lozano, Francisco Vaca, Eligio Ancona, Prudencio Dorantes, J. Ma. de la Barrera, Edwardo J. Coova, Frederic Sandoval, Antonio Falcon, Edwardo Ruiz; P. Reyes Retona, secretary.
This is a copy which I certify.
Chief Secretary.
I certify the preceding pages of writing, numbered 1, 2, and 3, inclusive, to be a true, full, and accurate translation of decision of the supreme court of Mexico in the Amparo proceedings instituted by Edward Lycan.