Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902
Mr. Hay to Mr. Clayton.
Washington, July 14, 1902.
Sir: I inclose herewith for your information a copy of correspondence between the Department and the Washington attorney for the Pacific Mail Steamship Company, in relation to the question of the right of the Mexican judicial authorities to assume jurisdiction over disputes between masters, officers, and crews of American merchant vessels in Mexican ports.
You will bring to the attention of the Mexican Government the usual treatment accorded foreign vessels in this regard by the United States courts by way of comity, and invite that Government’s action in [Page 817] the same sense, if possible under Mexican law, pending eventual disposition of the question by negotiation.
You will intimate the willingness of this Government to negotiate with Mexico a supplemental treaty article to meet this point.
I am, etc.,
Mr. Chambers, attorney for Pacific Mail Steamship Company, to Mr. Hay.
Sir: I have the honor to inclose herewith a letter dated San Francisco, 30th ultimo, that I have received from Mr. R. P. Schwerin, vice-president and general manager of the Pacific Mail Steamship Company, together with the inclosures therein referred to. Mr. Schwerin would like very much to have your opinion as to whether or not the Mexican authorities have the right to interfere in a case of this kind, and if they have, he desires to issue general instructions to prevent the recurrence of such proceedings, and says that in case of trouble on board ship he would direct the master to send ashore for the Mexican authorities to come on board the ship and put the offenders in irons, and take them on shore and lock them up.
I should be very much obliged if you will consider this matter and give me your opinion, as requested by Mr. Schwerin.
Very respectfully,
Attorney Pacific Mail Steamship Company.
Mr. Schwerin, vice-president and general manager Pacific Mail Steamship Company, to Mr. Chambers.
Dear Sir: I inclose you herewith copy of a letter from Capt. Alfred Urry, commanding steamship San Juan, dated at sea, June 12, 1902, in relation to the action of the Mexican authorities in Acapulco last voyage up. He reports verbally to me that these men were Mexicans, shipped in San Francisco and signed articles as American sailors. They obtained liquor in Acapulco and became very unruly, so much so that the captain was compelled to order the first officer to have them put in irons. They, however, made their escape and went ashore. The American consul protested against the Mexican authorities interfering with American sailors, but his protest would not seem to have been of any value.
I should like very much if you would obtain from the State Department, if possible, an opinion as to whether or not the Mexican authorities have the right to interfere in a case of this kind, for if so I should like to issue general instructions to prevent a recurrence of this kind, and if there is trouble on the ship to send ashore for the authorities to go on board the ship and put the offenders in irons and take them on shore and lock them up.
Yours, truly,
Vice-President and General Manager.
Captain Urry to Mr. Schwerin.
Dear Sir: I arrived at Acapulco on June 11, at 7.25 a.m. On same date, at 1 p.m., three seamen, Francisco Rodriguez, Domingo Rosendo, and Carlos Valdez, were found in an intoxicated condition and refused to work when so ordered by First Officer J. L. Wilson. On the matter being reported to me, I ordered the men placed in irons, and in carrying out my orders the men resisted and two of them were struck by the first officer.
[Page 818]Valdez and Rosendo jumped into lighter and went ashore, Rosendo beating the boatswain before leaving. Rosendo preferred charges of assault against Wilson before local authorities. First officer acknowledged the charge before the court, which was held on board ship, after which court decided not to dispatch ship until first officer was sent on shore to be held at disposition of Mexican authorities.
Ship was not dispatched until the 12th, at 3.49 p.m., and then only by putting up a bond of $500 Mexican in lieu of first officer, Agent Maxwell furnishing bond.
Very respectfully,
Agent Maxwell to Mr. Schwerin.
Accapulco, June 13, 1902.
Dear Sir: The steamship San Juan, voyage 83 up, was ready to be dispatched from this port on the 11th instant at 6 p.m. At 5 p.m. of this date the necessary documents for obtaining dispatches for this steamer were presented at the customhouse and we were informed by the chief of the port that he had received an order from the Mexican court not to dispatch this steamer until an investigation had been made of certain charges brought by three seamen on board against First Officer J. L. Wilson, whom they had accused of assault.
At 6.30 p.m. the judge, attorney, and doctor came on board to make the investigation, and brought out the following facts:
The three seamen who brought the charge, Francisco Rodriguez, Domingo Rosendo, and Antonio Valdez, had been ordered in a boat alongside to paint ship. At about 2.30 p.m. the boatswain reported to the first officer that these men had been getting liquor from shore boats and that they were intoxicated and doing no work. First officer ordered the men on deck and gave them orders to proceed with the painting on a staging where they could not be reached by the shore boats. The men refused to obey this order and gave the first officer a great deal of insolent talk.
These facts were reported to Captain Urry, who ordered first officer to put the men in irons. In complying with these orders the men offered resistance and showed fight, and the first officer struck two of them. One man was put in irons; the other two run for the coal launch, then alongside the ship, meeting the boatswain on the way and giving him a bad beating, and then proceeded on shore and filed the complaint against the first officer.
These investigations were not completed until 11 p.m., after which the judge would not give any decision until he had gone on shore. At 12 p.m. the commandante came on board and notified the captain that the steamer would not be granted her dispatches unless the first officer and one of the seamen were detained on shore, to be held at the disposition of the Mexican court.
Thinking it likely that we would be able to get the ship away by noon on the next day (June 12) and get into Manzanillo on the 13th in time to be dispatched from that port on same date, Captain Urry decided to refuse to allow the first officer to be taken on shore, and to hold the ship until the next day.
As soon as telegraph office was open on the 12th the American consul sent a telegram to the judge of the district court in Chilpancingo stating that the American steamship San Juan was being detained at this port on an order from the court owing to charges of assault having been brought against first officer of the steamer. An examination of the injuries done these men by the court’s doctor shows the injuries to be of a very trivial nature, and that as the first officer pleads guilty of the charge, that an immediate decision be rendered in the case, or that bond be accepted for the appearance of the first officer on the return of the steamer, and that this steamer be allowed to proceed on her voyage at once.
At 10.30 a.m. a reply was received from the judge at Chilpancingo informing the consul that he had instructed court at this place to accept bond in the amount of $500 Mexican for the appearance of the first officer.
We at once went to the court and gave the required bond, finishing with these proceedings at 12 noon, yet the court did not send the order to dispatch the steamer until 3.10 p.m., the steamer sailing at 3.30 p.m.
When the judge of the court here first came on board the steamer he was informed that the first officer plead guilty to the charge brought against him, and was prepared to pay the fine, or to give bond for his appearance on the return of the steamer. The judge refused to impose penalty in the case or to accept bond.
[Page 819]The great trouble in these affairs is that the judge of the court here can not render a decision in a criminal case (which they made out of this case), but has to refer the evidence to the judge of the district for his decision, yet the judge here has sufficient authority to detain the steamer.
I shall ask: the consul here to take this matter up with the judge of the court at Chilpancingo, in order that the affair may be terminated on the return of the San Juan to this port.
It does not look like fair treatment that one of our steamers be detained on a trivial charge of this nature, without the court of the port having sufficient authority to try and render a decision in the case at once.
A protest against the detention of the San Juan was filed with the United States consul and another protest with the chief of the port.
I would be pleased to know just what jurisdiction the Mexican court has over our steamers when they are in Mexican waters, at the same time calling your attention to article 13 of the company’s contract with the Mexican Government.
Very respectfully,