Mr. Finch to Mr.
Day.
Legation of the United States,
Montevideo, October 14,
1898.
No. 84.]Sir: I inclose herewith copy of a letter from
Albert W. Swalm, United States consul at Montevideo, addressed to me;
also copy of a statement from and by him, and one from his consular
clerk, in support of the claim of the colored soldier, John Baker Dick,
who asks to be discharged from the Uruguay military service on the
ground that he is a bona fide citizen of the United States.
I inclose herewith my communication to the Hon. Jacobo A. Varela, acting
minister for foreign affairs of Uruguay, dated the 13th of October,
inviting his attention to these supporting affirmations of Messrs.
[Page 1124]
Swalm and Garcia. I have
taken the ground that the Government of Uruguay is bound to accept as
true the claim of Dick that he is a bona tide citizen of the United
States, supported as he is by reputable persons in his contention,
unless that Government is able to show that Dick’s claim is false.
Respectfully,
[Inclosure 1 in No. 84.]
Consulate of the United States of America,
Montevideo, October 9, 1898.
Hon. William R.
Finch,
Envoy Extraordinary and
Minister Plenipotentiary of the United States to Uruguay and
Paraguay, Montevideo.
Sir: In an interview with the colored
American citizen had yesterday, I found that his name was John B.
Dick, the “B.” being for Baker. I made notes of his statement and
they are herewith submitted to you. He is a typical Alabama negro—no
doubt about that whatever—and his story seems to hang together from
top to bottom.
Submitting these notes, I am, with great respect, your obedient
servant,
Albert W. Swalm,
United States Consul.
[Subinclosure.]
In the matter of the claim of one John B. Dick for American
citizenship.
Comes now John B. Dick, a private soldier in the Fifth Regiment of
Cavalry of the Uruguay army, and says and declares under examination
as follows:
- 1.
- That he is an American citizen, and was born at or near
the town of Citrus, in the State of Alabama, in the United
States, on Or about October 25, 1875.
- 2.
- That he came to South America in this way: First he joined
with others by railway to the Pacific coast, and there
joined Worth’s American circus, which sailed from there to
Australia, and from thence to South America. That he
continued in the employ of said circus at Montevideo until
the circus was destroyed by fire, when he lost his
employment, but remained in the city, and soon went to work
in a livery stable on Calle San Jose.
- 3.
- That while so engaged in said work at Montevideo, about
two years ago, that is to say, in the month of September or
October, 1896, he was arrested in the streets of said city,
at night, he being regularly at work in the daytime, and was
taken and impressed into the military service of the
Republic of Uruguay, contrary to his will and desire, and
for which service he had not at any time entered into any
contract, nor had he committed any offense against the laws
of the said Republic of Uruguay, whereby and by reason of
such offense he could be sentenced to imprisonment, and
thence into the army.
- 4.
- That he has been compelled to render military service, as
aforesaid, always contrary to his will and desire; that he
has had no opportunity to present to the American
representatives here his claim as an American citizen
heretofore, as a private soldier, he having but few
liberties, and those of a very confined character. That as a
soldier he was made to serve in the artillery, and was
present at the engagement between the army and the
Nationalists at Cerros Blancos, being one of the men mounted
with a gun squad.
- 5.
- That when he left his home in the State of Alabama he had
with him his papers showing his birthright, parentage, and
baptism, and such other facts to such form belonging, the
said papers being signed by a minister of the gospel by the
name of Clark, of the Methodist Church (colored). That he
had preserved and had with him when arrested and pressed
into the army these papers, but that the same were taken and
carried away by another soldier, and the whereabouts of the
said papers or soldier are not now known to him.
- 6.
- That the members of the circus company with whom be came
from the United States to Australia, and thence to
Montevideo, are widely scattered and gone, and he has seen
none of them since his impressment into service. That during
his service with the circus at Montevideo he had charge of a
herd of zebras, which attracted much attention, and wherein
he met many people of the city, some of whom would recognize
him by reason of his color and his inability then to speak
the language of the country—Spanish. That his service in the
livery stable on San Jose street may also be established by
proper examination by the representatives of the United
States.
- 7.
- That his sister, Annie Dick, and his brother, Thomas Dick,
are now and were then residents of Citrus, Ala and that one
Andrew Knight there resident, a a painter, is also named as
being acquainted with, and many others could be named by the
petitioner.
Wherefore the said John B. Dick prays that his rights as an American
citizen be established, that he be discharged from the military
service of the Republic of Uruguay; so held in contravention of the
rights and privileges of an American citizen, humble though he may
be, and that he may be permitted to go his way in peace, and earn
his livelihood where it may honestly come to his hand.
Respectfully submitted on behalf of petitioner Dick.
[
seal.]
Albert W. Swalm, United States
Consul.
Mr. Roroteo Garcia Lagos, clerk in the consulate of the United
States, says that he recognizes the colored man who gives his
name as John B. Dick as being the same man who was in charge of
a herd of zebras, shown in connection with the circus, some
three years ago in this city. He was looking at the herd, and
spoke English, in a beginner’s way, to the man now before him.
His personal characteristics—being very black, round beaded, and
decidedly African in face, form, and features, makes his
recognition easy as being the same man in charge of the herd, as
stated. To which fact other young man who was with him would
cheerfully attest.
[Inclosure 2 in No. 84.]
Montevideo, October 13,
1898.
His Excellency Jacobo A.
Varela,
Minister pro tempore for
Foreign Affairs,
The Republic of Uruguay,
Montevideo.
Sir: Herewith please find a declaration of
the colored soldier, John B. Dick, now belonging to the Fifth
Cavalry of the Uruguay army, setting forth a series of facts in
support of his claim that he is a bona fide citizen of the United
States and entitled to recognition as such. His declaration was made
before United States Consul Swalm in this city, and is in part
corroborated by the clerk at the consulate.
Dick makes out a plausible case, and I trust you will give his
representations due weight, recognizing the principle which obtains
in matters of this character that what is alleged as true is to be
taken and accepted as truth unless it can be shown to be false.
I have the honor to be, your excellency’s obedient servant,
[Inclosure 3 in No. 84.]
Montevideo, October 13,
1898.
Col. Albert W.
Swalm,
United States Consul,
Montevideo.
Dear Sir: I have translated into Spanish
your communication dated the 9th of October, setting forth the facts
in which the colored soldier, John Baker Dick, relies to establish
his assertion that he is a bona fide citizen of the United States,
and forwarded the same to the
[Page 1126]
Hon. Jacobo A. Varely, minister pro tempore
for foreign affairs of the Republic of Uruguay. With your
communication I also forward to Minister Varela the statement of the
consular clerk, Garcia Lagos, who certifies that he recognizes Dick
as the man who was in charge of a herd of zebras that were exhibited
in Worth’s American circus.
Very truly, yours,
