Ambassador Thompson
to the Secretary of State.
American Embassy,
Mexico, October 27,
1906.
No. 272.]
Sir: I acknowledge the receipt of the
department’s instruction No. 131, of the 13th instant, relating to the
seizure of the American fishing schooner Aloha,
and inclose herewith a clipping from a Mexican daily, El Imparcial, and
a translation thereof. The clipping contains, besides, a map showing the
location of the Aloha at the time of her capture.
I also transmit copy of my letter of September 17 to the American consul
at Veracruz, approving the suggestion made in his letter of the 7th of
said month (inclosure 8 in my dispatch 198) to have the case of the Aloha tried before the district court of
Veracruz, instead of that of Campeche, said to be the one having
jurisdiction in the matter. As both courts are of equal rank, this
method of procedure seems to have been agreeable to the Mexican
authorities, according to a note and its inclosure from the foreign
office, copies and translations herewith transmitted, by which I am
advised that the district court of Veracruz, after looking into the case
of the Aloha, dismissed the same for want of
evidence to prove the existence of the crime, and that the decision,
favorable to the vessel, had been referred to the second circuit court
for revision. This information caused me to send my telegram to the
department reading as follows:
Mexico, D. F., October 27, 1906.
Secstate, Washington.
My two hundred twenty, September twentieth. Foreign office
advised that sentence of district court of Veracruz relative to
schooner Aloha is for release, subject to
confirmation of second circuit court.
D. E. Thompson.
[Page 1100]
It affords me pleasure to report that this case has had a favorable
solution, as the decision of said court is final, so far as the Aloha is concerned, but owing to the fact that
the above note from the foreign office did not state that said decision
was of an executory character, and that it had been referred to the
second circuit court for revision, I understood this latter proceeding
as necessary to affirm the sentence of the district court; this,
however, is not the case, judging from a second note and inclosure from
the foreign office, copies and translations herewith transmitted,
showing that the revision will have for a sole purpose to establish
whether the officials of the lower instance who handled the case have
incurred any responsibility, and I infer that whatever the result of
this revision, may be the release of the Aloha
will in no way be affected.
I also inclose copy of my note to the foreign office requesting that I be
furnished a copy of the decision of the district court and of the “toca”
(record) of the circuit court, in order that I may have a complete
history of the case, should the same require further action.
I have to-day received a note from Minister Mariscal advising me that the
request for the above copies has been referred to the attorney-general
for such action as may be proper.
As it sometimes occurs that the decisions of the class described are,
notwithstanding their executory character, delayed for reasons of small
importance, I have asked the American consul at Veracruz, by telegraph,
as per copy inclosed, whether the Aloha has been
released, and if so, on what date. So soon as I receive his reply I will
transmit the same to the department.
I have, etc.,
[Inclosure 1.—Translation.]
[From El Imparcial, dated
Mexico, September 27,
1906.]
poaching vessels—the place where
the aloha was recently captured.
* * * * * * *
The small maritime map we publish to-day shows Areas Keys or Islands,
where the schooner Aloha was captured,
carrying American papers, but which was fishing within Mexican
waters without permit from the Government.
The arrest was effected by the second commander of the transport Progreso, who went on board the Aloha in order to inspect the same. Upon the
appearance of the master, Paul Cascone, the second commander asked
him to produce the documents accrediting the nationality of the
vessel. From the examination of the latter it was seen that the
vessel was American, and then the commander asked Cascone to show
the permit from Mexico allowing him to fish within its waters, which
permit the master of the Aloha could not
produce, because he did not have it.
In view of the latter, the second commander asked Cascone to state
precisely the location of his vessel, and to that effect the former
furnished Cascone a map such as the one we publish to-day, and the
master of the fishing vessel, in order to determine the distance at
which he was from Areas Keys, selected the buoy tied on the western
key and the eastern end of the eastern key, the point at which the
Aloha was then said to be 1$ miles from
the middle northern key and over a draft of 24 fathoms.
Then the same second commander invited the crew of the Aloha to proceed to the Progreso, which they did on board the life-saving boat of
the latter.
The Aloha was found to contain 500 kilograms
of red snapper fish and with the fishing outfit spread on the deck.
When on board the Progreso, the fishermen
[Page 1101]
were notified by
Commander Malpica that they were under arrest and that he had
decided to carry the Aloha to Veracruz, which
he did.
On the map we publish to-day the location of the Aloha at the time of the arrest can be be easily
determined.
[Inclosure 2.]
Ambassador Thompson to American Consul
Canada.
American Embassy,
Mexico, September 21,
1906.
Sir: I acknowledge the receipt of your
communication of the 7th instant, which I regret was not answered
sooner, relating to the capture of the American fishing vessel Aloha, belonging to the Gulf Fisheries
Company, of Galveston, Tex.
I do not see that there is any impediment about following the course
you suggest, since both district courts are equal rank.
I trust you will keep me informed of the progress of the suit, which
by this time ought to be nearly complete in so far as the
preliminary investigation is concerned.
Yours, truly,
[Inclosure
3.—Translation.]
The Minister for Foreign
Affairs to Ambassador Thompson.
Department of Foreign Affairs,
Mexico, October 18, 1906.
Mr. Ambassador: Referring to previous
correspondence upon the matter, I have the honor to transmit to your
excellency herewith copy of a communication from the
attorney-general of Mexico informing me that the proceedings
relating to the capture and confiscation of the schooner Aloha were canceled on account of their
showing that there was no crime upon which to base the indictment,
the records having been sent to the second circuit court for
revision.
When the result of the revision may be known to this department I
will have the honor to advise your excellency of the same.
In the meantime it affords me pleasure to renew to your excellency
the assurance of my high consideration.
[Inclosure 4.]
The Attorney-General of the
Republic to the Secretary for
Foreign Affairs.
Office of the Attorney-General of
Mexico.
The federal prosecuting attorney near the district court of Veracruz
informs this office on the 13th instant as follows:
“The proceedings relating to the capture and confiscation of the
American schooner Aloha were canceled because
of the same failing to prove the existence of a crime to base the
indictment, the records having been sent to the second circuit court
for revision, since the 8th of this month. Which I have the honor to
report to you in reply of your communication No. 4484–2, dated
yesterday.”
Which I have the honor to transmit to that department for your
information, assuring you of my respectful and distinguished
consideration.
Rafael Rebollar.
Mexico, October 17,
1906.
[Page 1102]
[Inclosure
5.—Translation.]
The Minister for Foreign
Affairs to Ambassador Thompson.
Department of Foreign Affairs,
Mexico, October 24, 1906.
Mr. Ambassador: Referring to my note of the
18th instant, by which I informed the embassy of the dismissal
decreed by the district judge of Veracruz, with respect to the
proceedings relative to the capture and confiscation of the schooner
Aloha, I have the honor to transmit to
your excellency, herewith, copy of a communication addressed to me
by the attorney-general of Mexico, informing me that the dismissal
has the character of an executory sentence and that the revision
will have for an object to establish the responsibility in which the
officials who interfered in the instance (lower court) may have
incurred.
I renew to your excellency the assurance of my high
consideration.
[Inclosure
6.—Translation.]
The Attorney-General of
Mexico to the Secretary for Foreign
Affairs.
Office of the Attorney-General of
Mexico.
In reply to the courteous note of the department under your worthy
charge, issued out of the bureau of America, Asia, and Oceania,
under No. 716, dated the 18th instant, I have the honor to advise
you:
That the dismissal or cancellation decreed by the district judge of
Veracruz, in the proceedings relating to the capture and
confiscation of the American schooner Aloha
has the character of an executory sentence, since the above decision
was not appealed from by any of the parties, and the revision of the
process shall have for sole purpose to examine the responsibility in
which the officials who handled the case in the lower instance may
have incurred.
Which I transmit to you for your information and renewing the
assurance of my respectful consideration.
Rafael Rebollar.
Mexico, October 22,
1906.
[Inclosure 7.]
Ambassador Thompson to the Minister for
Foreign Affairs.
American Embassy,
Mexico, October 20,
1906.
Mr. Minister: I have the pleasure to
acknowledge the receipt of your excellency’s note of the 18th
instant transmitting to me a copy of a communication from the
attorney-general of Mexico, informing you that the proceedings
instituted in the district court of the State of Veracruz relative
to the capture of the American fishing schooner Aloha, have been canceled, and that the decision for
release has been submitted to the second circuit court for
revision.
The above information is very pleasing to me, and in order that I may
have a complete record of the case I would appreciate it very much
if your excellency will kindly secure for me a copy of the decision
of the district judge of Veracruz and of the “toca” of the circuit
court when the latter, of course, has passed its decision upon the
matter.
I avail, etc.,
[Inclosure
8.—Translation.]
The Minister for Foreign
Affairs to Ambassador Thompson.
Department of Foreign Affairs,
Mexico, October 26, 1906.
Mr. Ambassador: I have received your
excellency’s note, dated the 20th instant, in which you have been
pleased to request a copy of the sentence of the district court of
Vera Cruz, who dismissed or cancelled the proceedings
[Page 1103]
relative to the capture
of the schooner Aloha, as well as of the
“toca” of the second circuit court, when the latter may have
pronounced its sentence upon the matter.
In reply I have the honor to advise your excellency that I have
transmitted said note to the attorney-general of Mexico for such
action as may be proper.
I renew, etc.,
[Inclosure
9.—Translation.]
Ambassador Thompson to American Consul
Canada.
American Embassy,
Mexico, October 27,
1906.
Has schooner Aloha been released? If so, on
what date?
