master make a protest against the detention of the vessel; and in case they should undertake to compel the discharge of the cargo by force, I think I shall have the captain abandon the vessel and cargo to the United States consul, as I cannot see how she can safely pursue her voyage without her cargo.

"On her arrival we notified them that we had on board cargo for Champerico and San José, Guatemala, placing the number of packages and class of goods for those ports in the ranch list, and deposited our American manifest and vessel's papers with the United States consul. We have complied with all the laws and done everything possible for us to do.

"We cited to them the fact that the steamers pursued the same business, to which they made answer that the steamers have a special contract, which, however, they do not produce and which is not so. We have done everything possible for us to do so far, but they still remain foolish and arrogant, and we must wait subsequent events. "Until which, I remain yours, truly,

"Messrs. SCHLEIDEN & SCHOLL,

San Francisco, Cal.

"P. S.-Please communicate the above to shippers."

"K. E. ELDRIDGE.

In accordance with the foregoing letters, Messrs. Schleiden & Scholl notified the San Francisco firms of the arbitrary detention of Central American invoices at Mazatlan. The merchants above named submitted a formal complaint to the Mexican consul at this port, who examined the law and reported that he could find no authority for the act of detention.

Steps will at once be taken to place all the facts before the State Department at Washington.

Mejoni, the collector at Mazatlan, was a notorious follower of Maximilian, and held office under the empire. He is said to be a revolutionist, who is never happier than when stirring up strife and precipitating revolution or war.

H

No. 6.

Mr. Evarts to Mr. Sherman.

DEPARTMENT OF STATE,
Washington, March 23, 1877.

SIR: I have the honor to acknowledge the receipt of your letter of yesterday, accompanied by a memorial of merchants to the collector of customs at San Francisco, in regard to the detention of the schooner Montana at Mazatlan.

In reply I have to state that the consul at Mazatlan lost no time in apprising this department of that detention, and that the minister of the United States at Mexico has been instructed upon the subject.

I have, &c.,

The Hon. JOHN SHERMAN,

Secretary of the Treasury.

WM. M. EVARTS.

No. 7.

Mr. Sherman to Mr. Evarts.

TREASURY DEPARTMENT,

March 26, 1877. (Received March 27.)

SIR: I have the honor to acknowledge the receipt of your letter of the 23d instant, that the detention of the schooner Montana at Mazatlan, the subject of a memorial of merchants to the collector of customs at San

Francisco, transmitted to you by this department under date of March 21, has been brought to your notice by the consul at Mazatlan, and that instructions have been forwarded to the minister of the United States at Mexico. The information has been given to the collector at San Francisco. I have, &c.,

JOHN SHERMAN, Secretary.

No. 8.

Senator Sargent to Mr. Evarts.

UNITED STATES SENATE CHAMBER,

Washington, March 25, 1877. (Received March 26.)

SIR: Allow me to call your attention to the inclosed letters of C. Adolphe Low & Co., Parrott & Co., and M. Bromberger, merchants of San Francisco, relating to the seizure of the schooner Montana at Mazatlan, Mexico.

Instant and energetic action is needed to protect the rights of our cit izens, whose property is illegally and capriciously detained by a subor dinate Mexican officer.

I suggest the speediest communication possible with our minister at Mexico, and that the Navy Department instruct any naval vessel available to intervene to protect the interests of our citizens.

The clearest commercial rights of our citizens may be denied, and their property be confiscated by semi-barbarous officials, if this act goes unmolested.

Respectfully,

A. A. SARGENT.

San Francisco merchants to Mr. Sargent.

SAN FRANCISCO, March 16, 1877.

SIR: As among your constituents and withal as citizens of our great republic, one of the noblest defenders of which you are, we may be pardoned for intruding on your valuable time, and at the same time most earnestly entreat you to procure for us that relief which shall again reaffirm one of our proud tenets: "The security of property." By the inclosed published petition, by us directed to the Hon. Thomas B. Shannon, as other publications by our press on the subject, you will find, that by an unwarranted power and usurped right our property is unlawfully detained at Mazatlan, Mexico, to our great loss and damage.

We have done all we can do in the premises to have relieved from detention that which is ours, but to no avail, and now submit this matter to your most careful and immediate attention, so that by the timely and energetic intercession of the proper authorities at Washington our property may be permitted to proceed to its destination.

Your immediate and kindly services herein is most earnestly solicited by
Yours, most respectfully,

PARROTT & CO.
M. BROMBERGER.

C. Adolphe Low & Co. to Mr. Sargent.

SAN FRANCISCO, March 16, 1877. SIR: Inclosed we hand you clippings from the Daily Alta of this city, of March 8, 2, 10, which fully describe the detention of, the American schooner Montana by the Mexican authorities of Mazatlan. We have made inquiries to ascertain whether the

said authorities have any color of right in taking the action they have, but have failed to discover any.

In fact, the custom has been for years to dispatch vessels for Central America with partial cargoes which have filled the balance of their freight capacity with cargo for the intermediate ports, and this is the first instance where a vessel has been seized or detained on any such illegal grounds. That there can be no color of reason in such a demand is clear from the fact that every Pacific mail steamer, to or from Panama, lands and discharges parts of her cargo in Mexican ports.

The owner of the schooner Montana is with the vessel at Mazatlan, Mr. K. E. Eldridge, which is why he cannot at the moment personally apply to Washington for relief.

We understand that the United States steamer Lackawanna has been ordered to Mazatlan, and believe that her visit will result in benefit to our commerce as well as to right this individual wrong.

We remain, &c.,

No. 9.

C. ADOLPHE LOW & CO.

Mr. Evarts to Senator Sargent.

DEPARTMENT OF STATE,
Washington, March 26, 1877.

SIR: I have to acknowledge the receipt of your letter of yesterday, accompanied by papers relative to the detention of the schooner Mot tana at Mazatlan.

In reply I have to state that some time since the case was reported to the department by the consul at Mazatlan, and an instruction was a once addressed to the minister of the United States at Mexico upo the subject. It is also understood that at the instance of this depart ment the Secretary of the Navy has ordered a man-of-war to that quarter to inquire into the matter.

I am, &c.,

The Hon. A. A. SARGENT,

WM. M. EVARTS.

United States Senate.

No. 40.]

No. 10.

Mr. Kelton to Mr. Hunter.

CONSULATE OF THE UNITED STATES,

Mazatlan, March 21, 1877. (Received April 4.

SIR: I beg to confirm contents of my dispatch No. 39, and to further advise you relative to the case of the American schooner Montana thai, by order of the collector of this port, the goods destined for Guatemala have been landed and stored in the custom-house.

The captain of said schooner has entered protest at this consulate against the seizure of the goods.

The collector has consigned the case to the district court.

The schooner has received her clearance from the custom-house and intends sailing to-day.

The opinion of the best lawyers in this port is that the Mexican revenue laws do not prohibit a vessel from carrying merchandise "in transits," as the case is termed by the collector, and find no law allowing

the collector of this port to claim duties on goods destined to another country.

The captain of the vessel offered bonds to prove delivery of the goods at the port of San José de Guatemala.

I remain, &c.,

E. G. KELTON,

United States Consul.

Hon. W. HUNTER,

Second Assistant Secretary of State, Washington.

No. 508.]

No. 11.

Mr. Foster to Mr. Erarts.

LEGATION OF THE UNITED STATES, Mexico, March 21, 1877. (Received April 7.) SIR: The consul at Mazatlan having reported to me, through the consul-general, that the American schooner Montana, en route from San Francisco to San José de Guatemala, was detained by the custom-house authorities of Mazatlan on the ground that the Mexican laws did not permit a vessel touching at a Mexican port to carry goods "in transito," as they express it, to wit, from San Francisco to a port in Guatemala, in a note dated on yesterday I brought the facts to the attention of the minister of foreign affairs, inclosing the report of the consul on the subject, expressed the conviction that the authorities at Mazatlan had placed a wrong construction upon the Mexican law, and asked the release of the vessel and due reparation for the detention.

Mr. Vallarta has answered my note to-day, saying that he has referred the subject to the department of finance for its action, of which he will inform me.

SIR: I am informed by the consul of my government at Mazatlan that the American schooner Montana, which cleared from San Francisco, in the United States, for San José, in the Republic of Guatemala, via Mazatlan, having put into the latter port and discharged that portion of the cargo manifested and destined for said port, has been refused clearance by the custom-house officials of Mazatlan, and is detained there under the allegation that the laws of "Mexico prohibit sailing-vessels from carrying merchandise in transits." The captain of the vessel, having waited ten days for his clearance, has signified his intention to abandon his vessel; and he appeals to this government for protection. I inclose the official statement of the consul upon the subject. It must be that the collector of the custom-house has misconstrued the Mexican law upon the subject, for there can hardly exist therein a prohibition against a foreign vessel, sailing from one foreign port to another foreign port, landing and discharging a portion of its cargo duly cleared and manifested for a Mexican port; nor can the law require that the cargo properly manifested for the foreign port be landed at the Mexican port.

I feel sure that the matter being brought to the attention of your excellency's government, it will at once order the release of the vessel, and that reparation be made for its detention, if it has not already been done.

I improve the occasion to reassure your excellency of my high consideration. JOHN W. FOSTER.

CONSULATE OF THE UNITED STATES,
Mazatlan, Mexico, February 20, 1877.

SIR: The American schooner Montana cleared in San Francisco for San José de Guatemala, by Mazatlan, with cargo manifested for both ports, arrived at this port on the 8th instant, and noted in "lista del rancho" the cargo for San José, about 70 tons. Having discharged the freight manifested for this port, clearance was requested for San José de Guatemala on the 10th instant and refused by the collector of this port, he allowing that "Mexico prohibits sailing-vessels from carrying merchandise in transito"; or, in other words, sailing-vessels are not allowed to land a portion of their cargo in a Mexican port and proceed with the rest of their cargo to a foreign port, even when manifested from a foreign port, and desires the cargo manifested in San Francisco for San José de Guatemala to be landed here; and as it brings no consular (Mexican) invoices, is necessarily subject to fine. I have, at the request of the captain, demanded in writing the clearance of said vessel, and, in answer, the collector informs me that he has informed the minister de Hacienda of the case, and will not clear her or take steps to remove the cargo until he has instructions how to act from Mexico.

The captain has signified his intention to abandon the vessel, having waited ten days for his clearance, and asks the protection of his government.

I remain, &c.,

SIR: Your excellency's note of yesterday, relating to the detention of the schooner Montana in the port of Mazatlan, has been transmitted to-day in copy, with that of the accompanying document, to the Department of the Treasury, the matter referred to pertaining to that department.

It will be pleasant for me to communicate to your excellency the resolution which the said department may make known to me, and in the mean time I improve this occasion to reiterate to your excellency the assurance of my high consideration. J. L. VALLARTA.

No. 12.

Mr. Foster to Mr. Evarts.

No. 509.]

LEGATION OF THE UNITED STATES, Mexico, March 23, 1877. (Received April 7.) SIR Referring to my No. 508 of yesterday, in the case of the schooner Montana, I now have to report that Mr. Vallarta has informed me ver bally that the minister of hacienda has sent notice by telegraph to the collector of customs at Mazatlan that his construction of the Mexican law is not correct, and ordered him to release the vessel at once.

Until the Mexican Government shall have received its official report upon the case, I did not feel warranted in urging the demand made in my note of the 20th for reparation of damages. But I will recall the minister's attention to the case in due time.

I am, &c.,

JOHN W. FOSTER.