I have to-day addressed a note to the foreign office upon the subject,
also an unofficial note, copies inclosed, which I trust properly
presents the matter to the Mexican Government.
[Inclosure 1.]
Mr. Clayton to
Mr. Mariscal.
Embassy of the United States,
Mexico
,
August 14, 1902
.
Mr. Minister: On the morning of June 11
last the steamship San Juan, of the Pacific
Mail Steamship Company’s line, arrived at the port of Acapulco; on
the same day at 1 p.m. three seamen, Francisco Rodriguez, Domingo
Rosendo, and Carlos Valdez, Mexicans, who, having signed articles as
American sailors and shipped at San Francisco, were found in an
intoxicated condition and refused to work when so ordered by the
first officer, J. L. Wilson. On the matter being reported to the
commander of the vessel he ordered the men placed in irons, and in
the carrying out of his orders the men resisted, and two were struck
by the first officer. Valdez and Rosendo jumped into a lighter and
went on shore, Rosendo beating the boatswain before leaving. Rosendo
preferring a charge of assault against Wilson before the local
authorities, the first officer acknowledged the charge before the
court, which was held on board ship, after which the court decided
not to dispatch the ship until the first officer was sent on shore
to be held at the disposition of the Mexican authorities. The ship
was not dispatched until the 12th at 3.49 p.m., and then only by the
furnishing of a bond of $500, Mexican, for the appearance of the
first officer, J. L. Wilson.
It appears that while the local judge has sufficient authority to
detain steamers under these circumstances, he can not render a
decision, but must refer the evidence to the judge of the district
for his decision.
While the Federal courts of my country take jurisdiction over foreign
vessels in its ports in the absence of treaty stipulations to the
contrary, they usually decline to [Page 820] exercise it in cases of dispute between
masters and seamen of foreign vessels when the nation to which the
vessel belongs has provided for the settlement of such disputes
before its own consuls.
If, under Mexican law, Mexican courts can and will observe the same
comity pending the eventual disposition of the question by
negotiations, it will be gratifying to my Government.
In obedience to the request of your excellency, expressed during a
late conversation between us concerning the expediency of the
negotiation between our two countries of a supplementary treaty
article to meet this question, that I furnish to your excellency a
list of the governments with which the United States has entered
into such treaty stipulations, I herewith transmit such a list,
giving the dates of the treaties and the article and page of the
book entitled Compilation of Treaties in Force, 1899, wherein said
treaty provisions may be found, which book is herewith transmitted,
under separate cover, for your excellency’s inspection. After your
excellency is through with the same I respectfully request that it
may be returned to this embassy, as it is the only copy we have in
our library.
I have, etc.,
[Inclosure 2.]
Mr. Clayton to
Mr. Mariscal.
Embassy of the United States,
Mexico
,
August 14, 1902
.
Unofficial.]
Dear Mr. Mariscal: Referring to our late
conversation concerning the expediency of the negotiation of a
supplementary treaty article conferring upon consular officers the
exclusive power to take cognizance of and determined differences of
every kind which may arise either at sea or in ports between
captains, officers, crews, etc.
After a more careful examination of my instruction, I have deemed it
better to bring the matter to your attention officially, and not by
an unofficial memorandum, as spoken of in said conversation.
Believe me, etc.,
