Mr. Clayton to Mr.
Hay.
American Embassy,
Mexico, January 29,
1904.
No. 2128.]
Sir: I have the honor to acknowledge the
receipt of your telegram of yesterday.
* * * * * * *
This matter had already received attention at my hands, having been
brought to my knowledge by the consul at Matamoros, by telegram, copy
herewith.
On the 14th instant I addressed a note to the foreign office, copy
inclosed, requesting that such prompt action be taken by telegraph as
would lead to a proper disposition of the case. I inclose copy and
translation of Mr. Mariscal’s reply stating that the matter was referred
to the treasury department for as early a report as posible.
* * * * * * *
On the 21st instant I telegraphed the consul, asking the status of the
case and to keep me advised. To which he replied, by telegraph, on the
25th instant, stating that the men had not then been released.
Thereupon, on the 26th instant, I, by note, brought the matter to Mr.
Mariscal’s attention, copy inclosed, reiterating my request for prompt
action.
If the matter proves to be, as reported in the consul’s first-mentioned
telegram, I hope soon to be able to report the release of the
accused.
I have, etc.,
[Page 462]
[Inclosure 1.—Telegram.]
Mr. Griffith to
Mr. Clayton.
American Consulate,
Matamoros, January 13,
1904.
H. C. Harding and H. E. Dugat, both born and now American citizens
and strangers of only about two weeks’ time in the Republic of
Mexico, have for the last ten days been held under arrest in this
city of Matamoros for failure to comply with article 690, section 3,
of the law internacion de mercancias procedentes
de la zona libre, which law requires a permit costing but
25 cents, Mexican money, to take goods beyond the city limits of
said city of Matamoros, They had purchased from a Mexican store in
Matamoros groceries for their own personal consumption amounting to
$11.37, Mexican money, and were openly returning to their camp, near
Matamoros, where they were working upon a rice farm, when they were
arrested just outside the city limits by a Mexican customs guard in
the garita named Manuel Arguelles, whom they had just openly passed
in their two-horse wagon, in which said groceries were being
carried, said guard not having stopped or notified them as they
passed. Upon a very careful and full investigation I am satisfied
that the offense of these men, if any, was purely technical,
insignificant in itself, and one in entire ignorance of the law, and
even if knowingly guilty of such a trifling offense their arrest and
confinement for the past ten days is in itself a very severe and
ample punishment. The sympathy of the most prominent and reliable
persons in this city regardless of nationality is strongly in favor
of these men. In view of the foergoing, and the absolute truth and
justice of the matter, I most earnestly appeal to you, in the proper
protection of our American citizens, to use your immediate and most
earnest efforts in the proper quarters to have the case against
these men at once dismissed, and that they be at once liberated and
all of their property immediately restored to them.
[Inclosure 2.]
Mr. Clayton to
Mr. Mariscal.
American Embassy,
Mexico, January 14,
1904.
Mr. Minister: I have the honor to transmit,
herewith, a copy of a telegram of yesterday from the American consul
at Matamoros concerning the arrest of the American citizens H. C.
Harding and H. E. Dugat at that place.
According to the consul’s statement, which I have every reason to
believe to be correct, the offense would seem to be of a trival
character, not meriting such harsh treatment.
I beg that your excellency will take such prompt action, by
telegraph, as will lead to a proper disposition of this case.
I have, etc.,
[Inclosure
3.—Translation.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, January 14, 1904.
Mr. Ambassador: I have had the honor to
receive the note of this date with which your excellency was pleased
to transmit a copy of a telegram from the American consul at
Matamoros relating to the arrest of Messrs. H. C. Harding and H. E.
Dugat for infraction of the fiscal laws.
In reply I have the pleasure to say to your excellency that I have
referred the said note to the department of the treasury, with the
request that it will ask for a report upon this matter as soon as
possible and that it will transmit the same to this department, of
which I will take care to inform your excellency.
I renew, etc.,
[Page 463]
[Inclosure 4.]
Mr. Clayton to
Mr. Mariscal.
American Embassy,
Mexico, January 26,
1904.
Mr. Minister: Referring to my note of the
14th instant, regarding the imprisonment at Matamoros of Messrs. H.
C. Harding and H. E. Dugat for infraction of the fiscal laws, I have
the honor to inform your excellency that a telegram from the consul
at that place informs me that this case is still unsettled and the
accused persons still in prison.
I trust that this matter may receive such prompt action as the case
may justify.
I beg, etc.,
