Mr. Finch to Mr. Day.

No. 82.]

Sir: The within correspondence refers to the case of John Baker, colored, who claimed to be a citizen of the United States, and to have been pressed into the Uruguayan army.

Having no evidence to support Baker’s claim to United States citizenship, other than his verbal affirmation, I was not able to make a very impressive showing to the foreign minister of this Republic.

Respectfully,

William R. Finch.
[Inclosure 1 in No. 82.]

Hon. William R. Finch,
Minister Plenipotentiary and Envoy Extraordinary of the United States to Uruguay and Paraguay.

Sir: I have to report the following case to your attention:

Last evening a negro who gave his name as John Baker met me at my door and claimed that he was an American citizen, having come from the South with a circus, some three years ago.

[Page 1122]

That about two years ago was picked up on the streets and impressed into the army, and was in the corps whose officers were in the July revolt.

That he now belongs to the Fifth Cavalry, but has been absent from the command for several days. If he returns he will be severely and, perhaps, brutally flogged.

He claims that he had his birth papers when he came to this country, but that they were stolen from him by a deserting comrade.

He speaks English in a broken way and is apparently about 20 years of age.

The case presents features that at least call for an inquiry at the War Department. If the man is, as he claims, an American born citizen, this country has no claim on his services as a soldier.

The matter is referred to the legation for such action as maybe deemed by you proper.

I am, with great respect, your obedient servant,

Albert W. Swalm,
United Sates Consul.
[Inclosure 2 in No. 82.]

His Excellency Jacobo A. Varela,
Minister pro tempore for Foreign Affairs, the Republic of Uruguay, Montevideo.

Sir: John Baker, a colored man, states that he is an American citizen and resided in the United States until about three years ago, when he left there and came to South America with a traveling circus. Baker further states that about two years ago he was picked up on the street in Montevideo and pressed into the military service of Uruguay, and was in the corps whose officers revolted on July 4 last, but that he now belongs to the Fifth Cavalry, and has been absent from his command for several days. He asks to be relieved from farther service in your army.

Please look into the case, and if Baker is, as he claims, a citizen of the United States, please discharge him from further service.

Pending this investigation kindly have instructions given that Baker be not punished for being absent from his command without leave.

You will greatly oblige, your obedient servant,

William R. Finch.
[Inclosure 3 in No. 82.]

Col. Albert W. Swalm,
United States Consul, Montevideo, Uruguay.

Dear Sir: Received your communication, dated the 7th instant, just a few minutes ago and have written Minister Varela asking for an investigation of the case of the colored man John Baker.

Having remained in the Uruguayan army for about two years, without protest, as you state, and having no passport and no way of establishing his claim to the protection of the United States except his verbal statement that he came from the South with a traveling circus [Page 1123] about three years ago (I am quoting from your letter), it will be difficult for me to set up a very strong presumption in his favor, particularly now since he is a deserter and makes the claim to United States citizenship apparently to avoid punishment.

However, I will do the best I can, and if I can not get him discharged I may possibly save him the pain of a flogging.

Truly, yours,

W. R. Finch.