State of Texas both civil and criminal jurisdiction over the bancos or cut-offs on this side, ownership of the land to be settled by other provisions of treaty or courts provided for thereunder." The general question involved was exhaustively considered by Attorney-General Cushing in an opinion dated November 11, 1856 (Opinions Attorneys-General, VIII, 175), the precise point before him being the propriety of a clause proposed by the boundary commissioners, under the treaty of Guadalupe Hidalgo for determining questions of jurisdiction and ownership arising from the changes in the channel of the Rio Grande, and Mr. Cushing adduced incontrovertible precedents and arguments to show the concurrence of authorities in holding that when a river is the line of arcifinious boundary between two nations, its natural channel so continues notwithstanding any changes of its course by accretion or decretion of either bank, but if the course be changed abruptly into a new bed by irruption or evulsion, then the [deserted] river-bed becomes the boundary." Articles I and II of the boundary convention of November 12, 1884, lay down this accepted international doctrine and make it the determining rule as between the United States and Mexico. I inclose a copy of that convention for your inspection. It is seen that it merely prescribes the rule, but provides no means of applying it to determine given cases, and it is to this omission, rather than the rule itself, that the strictures of Mr. Cocke apply. It may be practicable to arrange with the Mexican Government for an international river commission to apply the convention of 1884, the case arising, but as such an arrangement would not be effective without legislative provision for expenses, I would prefer to have some indication of the feeling of Congress in the premises before entering on any formal negotiation; and moreover, it would seem proper, in view of the association of revenue questions with that of jurisdiction, to consult the Secretary of the Treasury on the subject. I have accordingly communicated to Mr. Fairchild a copy of your letter and its inclosures and of my present reply. I am, etc., No. 760. T. F. BAYARD. No. 243.] Mr. Bayard to Mr. Connery. DEPARTMENT OF STATE, Washington, January 18, 1888. SIR: I transmit a copy of a letter from Messrs. Alexandre & Sons, dated the 12th instant, wherein they refer to the introduction in the Mexican Congress of a bill, which, however, failed of passage, granting to American steamers the 2 per cent. rebate in duties enjoyed by the Spanish line of steamers. As the Department has no information upon this subject, I will thank you to report whether such a bill was so introduced; and, if so, to obtain, if possible, a copy thereof for the Department's information, accompanied by a translation of the same. I am, etc., T. F. BAYARD. [Inclosure in No. 243.] Messrs. Alexandre & Sons to Mr. Bayard. NEW YORK, January 12, 1888. SIR: We beg to inform you that we are in receipt of advices from our correspondents in Mexico, informing us that the Mexican Congress had adjourned without passing the bill granting to American steamers the 2 per cent. rebate in duties enjoyed by the Spanish lines of steamers, which had been confidently expected. This 2 per cent. rebate in duties in favor of the Spanish line enables it to underbid us on freights to the Mexican Gulf ports, and it is only a question of a short time now when we will have to withdraw from a route on which our steamers have been the representatives of American enterprise for a period of twenty years. Yours, etc., F. ALEXANDRE & SONS. No. 244.] No. 761. Mr. Bayard to Mr. Connery. DEPARTMENT OF STATE, Washington, January 19, 1888. SIR: I have to call your attention to the claim of Howard C. Walker, a citizen of the United States, against the Government of Mexico for wrongful imprisonment and cruel treatment by Mexican officials at Minatitlan in the State of Vera Cruz. This case has already been be fore your legation, and the correspondence relative to it is printed in the Foreign Relations for 1884, pages 360, 366, 372, and 377. It appears from the papers now presented in the case, copies and translations of which, with Mr. Walker's petition, are now transmitted to you, that Mr. Walker has resided at Minatitlan since 1881, being employed as shipping clerk of Mr. R. H. Leech, a lumber merchant. On March 19, 1883, while thus employed, he was arrested by order of Mr. Carlos Molina, judge of first instance at that port, on the charge of stealing wood from one José R. Teran and shipping the same as the property of Mr. Leech. After four days' imprisonment, during which he was treated with much indignity, he was brought for a hearing before Judge Molina. He was not, however, admitted to bail, but was after the hearing remanded to jail, where he was kept until the following day, when a violent attack of hemorrhage of the lungs compelled his removal to his own house. There during his illness and recovery he remained under guard for several months. In November, 1883, his case was called for trial before Mr. R. M. Sousa and he was promptly acquitted. The case was appealed to the superior court at Vera Cruz, from which, after three months' delay, it was remanded for a new trial. Mr. Walker was thereupon again imprisoned on February 12, 1884, not being permitted to give bond, and confined for three months and eleven days in one room, with fifty-five prisoners of the lowest sort, in a jail which, from the description given of it by the claimant, would seem to have been utterly unfit for human habitation. He was treated with marked insult, and at one time an attempt was made by Mexican officials to have him shot. His friends, and even the American consul, were denied access to him. At length, on May 23, 1884, his health having completely failed, he was released on $40,000 bail, although, according to a statement dated July 30, 1884, of Mr. J. D. Hoff, then United States consul at Vera Cruz (Foreign Relations, 1884, page 378), the property alleged to be stolen "is not worth more than $2,500, and never was." On March 20, 1885, Mr. Walker was again tried before the court of first instance, Judge Rosaldo presiding, and again acquitted. From this decision the Government again appealed, and on January 22, 1887, the supreme court of Vera Cruz rendered its final decision acquitting and fully vindicating Mr. Walker. It thus appears that Mr. Walker was compelled to rest for nearly four years under the charge of theft; that his trial was unduly delayed; that he was at first not allowed to give bail; that while in prison he was subjected to insult and ill treatment; that when finally released on bail he was required to give bond to an excessive sum, and that by this treatment great mental and physical suffering was inflicted on him, and his health was seriously, and, as he alleges, irreparably injured. It further appears that Mr. Walker has made direct efforts, through his attorney, Mr. Y. Sepulveda, to obtain from the Mexican foreign office pecuniary redress for the injuries done to him, but without success. It has not been thought necessary to enter more into details in respect to the circumstances of Mr. Walker's case, which are simply and succinctly related in his memorial (duly supported by official documents), which accompanies this communication, and contains a narration of grievous injuries inflicted upon the petitioner by Mexican officials at Minatitlan, for which it is hoped that the Government of Mexico will afford prompt and adequate redress. You are therefore directed to present the case (with copies of the papers now transmitted to you) to the Mexican Government, and to ask for its consideration and a subsequent conference with the minister of foreign affairs as to the reparation to be given. I am, etc., [Inclosure 1 in No. 244.] T. F. BAYARD. Mr. Morris to Mr. Bayard. WASHINGTON, D. C., December 6, 1887. DEAR SIR: As attorney for Mr. Howard C. Walker, I have the honor to transmit to you herewith a petition of Mr. Walker, setting forth the wrongs which he has suffered at the hands of officials of the Government of Mexico. As a citizen of the United States Mr. Walker respectfully claims redress through your Department. Will you be pleased that such steps be taken in the premises as may seem just and proper. Very respectfully, M. F. MORRIS. [Inclosure 2 in No. 244.J Mr. Walker to Mr. Bayard. SIR: The petitioner, Howard C. Walker, respectfully requests the protection of the United States and the assistance of the Department of State to enable him to procure relief from the Republic of Mexico for the wrongs suffered from the officials of the said Republic, as herein stated. The petitioner is a citizen of the United States, and a resident of Charleston, in the State of South Carolina, but since the year 1881 has been temporarily sojourning in Minatitlan, in the State of Vera Cruz, in the Republic of Mexico, where he has been employed as shipping clerk of R. H. Leech, exporter of mahogany and cedar wood at the port of Minatitlan. On March 19, 1883, while this petitioner was engaged in the pursuit of his business in loading the Norwegian bark Circassia with mahogany wood belonging to said Leech, he was arrested by order of Senor Carlos Molina, judge of first instance at said port, on the charge of stealing such wood from José R. Teran, a citizen of the place, and shipping the same as the property of Leech. He was placed in the common jail, kept in close confinement, cut off from communication with family and friends, conducted once every day from said jail through the public thoroughfares to the dock where the Circassia was receiving its cargo, publicly branded as a thief, and otherwise treated with insult and indignity. After three days of such treatment this petitioner was brought into court, where for the first time the charge of theft was formally made, and this petitioner given the opportunity of denying the same. His denial was positive and explicit, and by order of said judge made in writing. These proceedings were had before the same judge, Molina, and at their conclusion this petitioner was again lodged in jail. On the day following he was stricken with an illness which necessitated his removal from the jail. He was thereupon taken to his house in what was supposed to be a dying condition, and for seventeen days medical skill was impotent to stop the repeated hemorrhages from the lungs, and for several months he was unable to move from his house. During all this time he was under guard and treated as a prisoner in his own house. In November of 1883 his case was called for trial before Mr. Ricardo M. Sousa, and this petitioner was promptly acquitted of the charges preferred against him. An appeal, however, was taken from the judgment of this court to the superior court at Vera Cruz, and after three months' delay the case was heard and remanded for a new trial. This action of the superior court resulted in the second arrest of the petitioner, who was again conducted to jail, and confined for three months and eleven days in the common pen of said jail, a small room, where fifty-five prisoners of the lowest sort and condition were kept. The condition of this room was filthy beyond description, and the prisoners were denied the most ordinary appliances for preserving cleanliness and health. During this time, the petitioner was compelled to pay exorbitant prices for every service, and even for the water necessary for drink and personal use. Some of the pris oners were affected with contagious diseases, and the atmosphere of the room was that of a pest-house. This petitioner was insulted on every occasion by the officials of the jail, and was frequently visited by one Guillermo Castellanos, a judge of the first instance, who, coming in an intoxicated condition almost every evening, would amuse himself by insulting and ill-treating this petitioner. This judge would compel the petitioner to be paraded between two of the guards upon the streets and public walks of the place, and, when from extreme weakness and ill-health the petitioner would protest against this treatment, he would be told that if he did not obey the jailors would be ordered to beat him into obedience. On one occasion t'e guard was directed by this judge to shoot the petitioner, on the ground that he was obnoxious to the courts. This direction will appear by reference to the affidavit of Carlos L. Matoso, commander of the guards, hereunto filed and marked Exhibit X. The hours for admitting visitors to the jail were changed each day, so that it was impossible for any one to see petitioner. Even the American consul was prevented from visiting the petitioner. He was denied all communication with his family, and prevented from obtaining medical aid or medicines. On the 23d of May, 1884, his health having completely failed him, this petitioner was released on bail for the sum of $40,000. On the 20th of April, 1885, he was again tried before the court of the first instance, Judge Rosaldo presiding, and again acquitted, Judge Rosaldo stating from the bench that the case instead of lasting two years should not have lasted two days. From this decision the Government again appealed, and on January 22, 1887, the supreme court rendered its final decision, acquitting the prisoner and vindicating him in the most positive and complete manner, and giving him the right to claim damages against the parties liable. Thus finally, four years after the date of his first arrest, the petitioner was acquitted and set at liberty. A transcript of the record of the jail at Minatitlan, showing the date of arrest and of the several trials and judgments above referred to, is here with filed, marked Exhibit A. It will be seen from this record that for four years this petitioner was compelled to rest under the charge of theft, and that he was by the delays of the Mexican officials prevented from having these charges promptly or properly investigated; that every delay was resorted to by the Government to postpone the acquittal of the prisoner in a case which on its face showed the innocence of the accused; that during these four years the petitioner was subjected to insults, indignities, and inhnman treatment such as is never meted out even to the greatest criminal; that under this treatment the petitioner's health was entirely undermined and destroyed. At the date of his first arrest he was of strong and robust health, and to-day he is a confirmed invalid, and will continue so, according to the opinion of the best physicians of this country, to the end of his life. After his final acquittal by the superior court at Vera Cruz, a copy of whose judgment is herewith filed, marked Exhibit B, this petitioner applied to the Mexican Government, through the secretary of foreign relations, for damages for the wrongs and injuries sustained, but his claim was, on May 13, 1887, disallowed, as will appear by the letter of Y. Sepulveda herewith filed and marked Exhibit C. This petitioner refers to the certificate of I. C. Valos, municipal officer of the district of Minatitlan, as evidence of his residence in that place and his character and good conduct. By reason of the premises and of the injury to the petitioner in his health, feelings, and pecuniary damage, the petitioner submits that he has suffered loss to the amount of $150,000, wherefore he respectfully prays that such action may be had as will enforce his just rights. HOWARD C. WALKER. By his attorneys, MORRIS & HAMILTON. [Inclosure 3 in No. 244.-Translation. [ Juan Coli, keeper of the public jail of this town, hereby certifies in due form that in the book of entries of this office there appear the following: On page 156, entry No. 1728, March 19, 1883, H. C. Walker entered this jail by order of the judge of 1st instance. Same page and same entry, March 21, 1883, Mr. H. Ex. 1, pt. 1-70 H. C. Walker went to his house as prisoner by order of the same judge. Page 182, entry 2119, Feb'y 12, 1884, Mr. H. C. Walker entered this jail to continue his imprisonment by order of the same judge as an accomplice of robbery, being declared a formal prisoner. Same page and entry, May 20, 1884, he was placed under 2d justice of the peace. On page 188, entry No. 2197, May 22, he was set free under bond by the same judge. Page 12, entry No. 2534, Feb'y 22, 1885, he entered this jail by order of the 1st justice of the peace. Same page and same entry, Feb'y 24, 1885, he was released under bond by same judge. Same page and same entry, Feb'y 23, 1887, he was set at absolute liberty by order of the hon. tribunal of justice and at the instance of same justice of the peace. And at the request of the party in interest I now issue the present for the purposes that may best suit him, at Minatitlan, on this the 23d day of February, 1887. (Keeper's seal and two internal-revenue stamps for 25 cents each.) JUAN COLI. C. Francisco Garcia, political prefect of the district of Minatitlan, certifies that the foregoing signature which reads Juan Coli is the one which he uses in his public acts as well as in his private affairs, and that he is at the present time employed as keeper of the public jail of this town. In testimony whereof I now issue this certificate at Minatitlan on this 2d day of March, 1887. FRANCISCO GARCIA. P. CASTELLANOS, (Prefect's seal and two internal-revenue stamps of 25 cents each.) Secretary. [Inclosure 4 in No. 244.-Translation.] Certificate of Ignacio Cevallso. Ignacio Cevallos, municipal officer of this district, hereby certifies that the American citizen Howard C. Walker, a native of Charleston, State of South Carolina, in the United States of America, having remained at this place during five years, has observed good conduct and punctually paid up his taxes, municipal as well as State taxes. Therefore, upon giving up his domicile here on this date, the present certificate is issued to him for the purpose which may best suit him, and of which note has been taken in the respective book. Minatitlan, March 2d, 1887. Countersigned: I. CEVALLOS. GARCIA. (Two official seals and two internal-revenue stamps of twenty-five cents each.)` [Inclosure 5 in No. 244.-Translation.] Judgment of the supreme court of Vera Cruz. José Demetrio Tapia, secretary of the court of first instance of the district, hereby certifies that on the book of sentences of this court, on pages 16 and 17, there appears a sentence which reads as follows: "A seal." Supreme tribunal of justice of the State of Vera Cruz, Llave; full bench, secretary's office; this bench gave this day the following sentence: Having examined the present suit brought against H. C. Walker and Christian Jobsen for theft and the additional charge against the said Walker for assault and battery upon Juan Girod, the former being a native of the United States of the North, of full age, married, a clerk and resident of Minatitlan, and the latter a native of Norway, married, of full age, and a sailor; the sentence which on the 20th of March of last year, 1885, was pronounced by the court of 1st instance of Minatitlan based upon the legal measures which it invokes, deciding: The charge of stealing lumber brought against H. C. Walker and Christian Jobsen, is hereby dismissed, their right to recover damages from whoever may be responsible being free. 2d. H. C. Walker is free from criminal responsibility on account of the wound he inflicted upon Juan Girod in rational and legitimate defense. |