Mr. Clayton to Mr.
Hay.
American Embassy,
Mexico, January 4,
1905.
No. 2601.]
Sir: Referring to my dispatches (Nos. 2477 and
2569) of October 11 and December 12 last, relative to the case of
Messrs. H. C. Harding and P. E. Dugat, convicted of the crime of
smuggling by the court of first instance of Matamoros, and affirmed by
the second district court of Tamaulipas, I now transmit a copy of a
communication from the American consul at Matamoros, under date of the
12th ultimo, together with a copy and translation of its inclosures,
from which it will be seen that the secretary of hacienda, by the
authority of the President of the Republic, has remitted the sentence to
three times the duties in addition to the simple duties upon the six
packages, returning the wagon, mules, etc., and canceling the bond.
Under these circumstances, unless the Department instruct otherwise, I
shall consider that no further action is required at my hands in the
premises.
I have, etc.,
[Inclosure 1.]
Mr. Griffith to
Mr. Clayton.
American Consulate, Matamoros,
Mexico, December 12,
1904.
Sir: I have the honor to advise you that
shortly after I had received your communication relative to the ease
of Harding and Dugat I was handed a copy of the decree of the
federal court at Nuevo Laredo. A few days ago I received a copy of
an executive order which instructs the collector of customs, through
the secretary of hacienda, to deliver up to the defendants, Harding
and Dugat, their mules and wagon and to give permission to export
them to the United States, and to have their bond canceled, at the
same time requiring that the defendants pay three times the duties
besides the simple duties, which amounted to $22.80 Mexican money.
Copies of these two orders, together with translations which I have
made, I send as inclosures herewith. The defendants are satisfied
with this decision, have paid the duties, and have returned their
wagon and mules to the United States, but are dissatisfied that they
were not formally acquitted of the charge of smuggling.
The facts remain the same as were stated to you in my first telegram.
While the defendants may be considered technically guilty, there was
no intentional violation of the law. They have repeatedly insisted
that the source of prosecution in this case arises from the malice
of the guard who arrested them, but this would be difficult to
prove. They were, however, openly carrying said goods, which were
seized in daylight; and, as is well understood, in order to sustain
a charge of smuggling in the United States one must be able to prove
that the goods were being carried clandestinely and with the intent
to violate the law. The defendants have employed an American
attorney in Brownsville to assist them, but I am inclined to believe
since the receipt of this last executive order they will drop the
matter.
While the Mexican Government seems desirous, for obvious reasons, of
sustaining
[Page 472]
the actions of
her officers and the decisions of her lower courts in this case, it
is evident that she does not seriously consider the charge of
smuggling against these defendants, as this inclosed executive order
may be regarded as a practical pardon, and it remains to be seen if
the case, will ever be reopened on appeal, as the decision of the
court at Nuevo Laredo was rendered on the facts as related in the
evidence and admitted by the defendants, and not on a question of
law.
These are the facts and this is the status of the case up to the
present time, and I herewith report it for your own knowledge and
consideraion.
I am, etc.,
P. Merrill Griffith,
American Consul.
[Subinclosure
1.—Translation.]
Decision of the second district court of
Tamaulipas.
In cause No. 399, instituted against H. C. Harding and P. E. Dugat
for the offense of smuggling, a sentence has been rendered, which
substantially is as follows:
City of Laredo, Tamaulipas,
August 25, 1904.
This cause, No. 399, coining on to be heard, instituted by the judge
of the first instance of Matamoros, for the offense of smuggling,
against H. C. Harding and P. E. Dugat:
- First. Considering that the offense of smuggling charged
to the accused, H. C. Harding and P. E. Dugat, is entirely
proved, not only by real seizure of the goods and articles
which they conducted, but as well by the confession of the
aforesaid accused, a cause wholly prescribed in article 510
of the general customs laws, without violence having been
used in its perpetration.
- Second. That, in accordance with fraccion 2, article 535,
of the aforesaid customs laws, the offense of smuggling
without resistance will be punished (which will be in
relation to the sum or value of the seizure, and then, in
case not exceeding $100, the revenue fees) by imprisonment
not exceeding two years, debarring them from holding
Government employment or other honorable position for a
reasonable period; and all the circumstances which have
occurred heretofore shall be given as satisfied, owing to
twenty-three days which they suffered in prison. And in
virtue of having obtained their liberty, which they now
enjoy under bond since the 29th of January last, it is now
advised that they be reinstated in deed of the confiscated
goods in accordance with article 539 of the aforesaid
ordinances. And for the consideration and legal rules
prescribed in article 218 of the penal code of the federal
district, and in accordance with what has been petitioned by
the agent of public justice, be it adjudged:
- First. That Messrs. H. C. Harding and P. E. Dugat
are guilty of the offense of smuggling, giving them
as having purged their responsibility for the
imprisonment which they have suffered.
- Second. It is hereby declared as condemned in
favor of the revenue laws the goods (as well as
those movable) seized.
- Third. They will be debarred for a year from all
class of public office, charges, or commissions from
the Government.
- Fourth. That they be reprimanded.
- Fifth. The sentence being carried out, let the
accused be put in absolute liberty and the bond
which they have executed canceled.
- Sixth. Be it notified, and, as prescribed, remit
the cause to the superior tribunal of the second
circuit for the legal ends thereof.
So it was definitely tried, considered, and signed by the attorney,
José H. Serret, second judge of district in the State, before me,
the secretary.
I certify:
| (Signed) |
José H. Serret. |
| (Signed) |
Attorney Dionicto A.
Salazar,
Secretary. |
I have the honor to submit to you that you may carry out the
corresponding notification.
City of Laredo,
Tamaulipas, August 26, 1904.
(Scroll)
José H.
Serret,
Judge, Second
District.
To the Citizen Judge of the First Instance
of H. Matamoros.
[Page 473]
[Subinclosure
2.—Translation.]
Decision of the department of the treasury in
the case of H. C. Harding and P. E. Dugat.
General Office of the Custom-House,
Mexico
City.
Section 1, No. 7519.—The secretary of
hacienda, by the authority of the President of the Republic, has
seen fit to decide that he approves of the proceedings of that
custom-house (Matamoros) with reference to the case No. 9,
instituted against H. C. Harding and P. E. Dugat, charged with
smuggling 6 small packages of foreign merchandise, 1 wagon, and 2
mules; but that they order, in place of the sentence, three times
the duties, besides the simple duties, upon the 6 packages,
returning the wagon, mules, etc., and canceling the bond. I tell you
this for your own knowledge and in reply to your No. 400, of the
20th of last August.
Mexico, October 5,
1904.
T. Arrangoiz, The Director.
To the Collector of Customs of
Matamoros.
