Mr. Clayton to Mr. Hay.

No. 1038.]

Sir: I have the honor to transmit herewith a copy of a communication from M. Brown, an American citizen, dated the 30th ultimo, complaining of illegal eviction from a house occupied by him in this city, under lease, and of illegal imprisonment on account of his refusal to obey the order of the governor of the Federal district to vacate said property.

I also have the honor to inclose a copy and translation of a memorandum handed me by Mr. Brown, briefly setting forth a history of the proceedings. * * *

After carefully examining the aforesaid papers and having become satisfied of the justness of Mr. Brown’s complaint, I brought the matter to Mr. Mariscal’s attention yesterday, unofficially, leaving with him a copy of the aforesaid memorandum, which he read in my presence and remarked that he already had some knowledge of the case. He expressed the opinion that Mr. Brown was entitled to damages, but did not commit himself as to Brown’s right to indemnity on account of his false imprisonment.

At Mr. Mariscal’s request I to-day furnished him with the name of Mr. Brown’s attorney. I remarked that I brought the matter to his attention unofficially because I believed he would see to it that justice [Page 787] was done to Mr. Brown who, having received a favorable judgment from the supreme court of the nation, complains that he is unable to receive the fruits thereof. Mr. Mariscal expressed his appreciation of my course and promised to give the matter attention as soon as he could confer with Mr. Brown’s attorney.

I am of the opinion that the matter will be satisfactorily adjusted without recourse to diplomatic intervention.

I have, etc.,

Powell Clayton.
[Inclosure 1.]

Mr. Brown to Mr. Clayton.

Dear Sir: The undersigned, a citizen of the United States of America, residing in the City of Mexico, feeling himself aggrieved and injured by the action of the Federal governor of this district and the first correctional judge of the Republic of Mexico, as shown in the copies attached hereto, places himself within the protection of the United States Government in the person of its honored ambassador, and respectfully petitions your excellency to use your good offices in obtaining from the Mexican Government a rectification of the grievance which your petitioner believes he has suffered.

Yours, respectfully,

M. Brown.
[Inclosure 2.]

Statement of Mr. Brown’s case.

Mr. Michael Brown, a citizen of the United States of America, resident of this city, entered into a contract with Mrs. Paulina Diffonti to lease the house No. 9 Gante street, in which to establish a shop for dyeing and cleaning clothes, the duration of the said lease to be two years from November, 1899, obligatory on both the contracting parties.

While Mr. Brown was in the peaceful enjoyment of his lease Mrs. Diffonti conceived the idea to add another story to the house, in order to obtain more rent therefrom. With this object in view, she proposed to Mr. Brown to rescind the contract, offering to indemnify him therefor; and as Mr. Brown declined to accept the proposal, Mrs. Diffonti applied to the governor of the district to compel Mr. M. Brown to vacate the house, alleging that it was in a ruinous condition and liable to fall down at any time.

The governor of the district admitted the petition of Mrs. Diffonti, and notified Mr. Brown to proceed immediately to vacate the house, and did not desist from this resolution although Mr. Brown several times begged that the house be examined, as was proper in the case, alleging that then it would be found that it was not in a ruinous condition and that the allegations of Mrs. Diffonti were a mere pretext to recover the house. The governor carried his hostility to Mr. Brown so far as to commit him to the first correctional judge on the charge of disobedience.

Mr. Brown appealed for a stay of proceedings and protection against the order of the governor of the district, which was designed to deprive him of the house No. 9 Gante street, and against the acts of the first correctional judge, who had deprived him of his liberty by committing him to prison and holding him there during three days.

The appeal for stay of proceedings being sustained, the second district court and the supreme court granted to Mr. Brown the protection of the justice of the union against the acts of the governor of the district and of the first correctional judge.

The decree of the supreme court granting protection to Mr. Brown from the acts of the governor of the district has not yet been complied with, because Mrs. Paulina Diffonti refuses to return the house as it was when Mr. Brown was deprived thereof, thus setting the said decree at defiance, as the legal effect of the said decree is to restore things to the condition in which they were previously.

[Page 788]

From the preceding simple statement it is seen that Mr. Michael Brown holds the right—

  • First. To the fulfillment of the decree of the supreme court, which orders the restitution to him of the possession of the house No. 9 Gante street, of which he was illegally dispossessed by the governor of the district.
  • Second. To indemnity for the damages and losses suffered and still being suffered from the aforesaid acts.
  • Third. To indemnity for the damages and losses caused by the illegal imprisonment he was made to suffer by the governor of the district and by the judge of the first correctional court.