No. 514.] No. 13. Mr. Foster to Mr. Evarts. LEGATION OF THE UNITED STATES, Mexico, March 28, 1877. (Received April 13.) SIR: I am in receipt of department dispatch No. 375 of the 12th instant, relating to the seizure and detention of the American vessels Dreadnaught and Montana by the Mexican authorities of Mazatlan. Mr. Kelton, the consul at that port, had already reported to me these occurrences, and in my numbers 507, 508, and 509, forwarded by the last mail, I advised you of my action, which appears to be in accordance with your instructions. SIR: I have to acknowledge the receipt of your dispatches Nos. 39 and 40; the former relating to the American schooner Dreadnaught, and the latter to the schooner Montana, from both of which vessels the authorities at Mazatlan had exacted port duties on their cargoes, which were destined for ports in other countries. In reply I have to state that immediately upon the receipt of your No. 39 an instruction was addressed to the legation at Mexico, inclosing a copy of that dispatch for Mr. Foster's information. At the same time application was made to the Secretary of the Navy for a vessel of war to be sent to that port. The Secretary of the Navy complied with the request of this department by ordering the United States steamer Lackawanna to proceed to Mazatlan. This direction was given on the 14th of March, and it is presumed that at the date of your writing your No. 40 the Lackawanna had not arrived. Before taking further action in the matter the department awaits the result of the proceedings above referred to. I am, &c., No. 15. W. HUNTER, Second Assistant Secretary. Mr. Thompson to Mr. Evarts. NAVY DEPARTMENT, Washington, May 10, 1877. (Received May 11.) SIR: I have the honor to inclose for your information a copy of a communication of the 18th ultimo, from Capt. W. P. McCann, U. S. N., commanding the United States steamer Lackawanna, Mazatlan, Mexico, relating to the cases of the Montana and the Dreadnaught. Very respectfully, your obedient servant, Hon. WILLIAM M. EVARTS, R. W. THOMPSON, Secretary of the Navy Secretary of State. UNITED STATES STEAMER LACKAWANNA, SIR: I have the honor to report to the department that, since my dispatch of the 11th instant, I have received a reply to my letter to the collector of this port relative to the detention of the schooners Dreadnaught and Montana, and the seizure of goods from the latter. A copy of my letter to the collector, and his reply thereto, are herein inclosed. The statements of the collector are entitled to but little consideration, as they are evasive and unreliable, and from the fact that he is not authorized to act for the Gorernment of Mexico. There is no doubt that the government has disapproved of the action of the collector in these cases, and that he has referred them to the federal district court for adju dication in order to evade the responsibility to his own government. Before proceeding further I decided to wait for the decision of this court, and at the same time communicate with the United States minister at Mexico. I received a reply from Mr. Foster this morning, dated Mexico, 12th instant, in which he makes no reference to the affairs at Mazatlan, but suggests that it would be well for me to continue my voyage to Acapulco. I therefore deemed it unadvisable to correspond any further with the authorities at this port, presuming the matter will be adjusted through the usual channels. The detention of the Montana, and seizure of a part of her freight regularly manifested to other ports, was undoubtedly in violation of Mexican laws and regulations of the custom-house, as well as the usages of the port, as there is documentary proof, both in the consulate and the custom-house, that the same vessel had, on previous occasions, landed only a part of her cargo here, and cleared with the remainder documented to other ports without objection or difficulty. The district court of Mazatlan has decided in favor of returning the goods, but without damages. * * Very respectfully, Hon. R. W. THOMPSON, W. P. MCCANN, Captain U. S. N., Commanding. Secretary of the Navy, Washington, D. C. UNITED STATES STEAMER LACKAWANNA, SIR: I have the honor to inform you that the Government of the United States of America has instructed me to inquire into the circumstances attending the recent seizure and detention at this port of the American schooner Montana, and the landing of a portion of her cargo properly manifested to other than Mexican ports. The consul of the United States and the master of the vessel having protested against these acts, as illegal and unwarrantable interference with our commerce, I therefore beg leave to inquire whether your action in thus breaking up the voyage of the Montana and inflicting serious loss to owners and consignees of her cargo, has been authorized and approved by the Government of Mexico. And as it does not appear that the master has violated any law of Mexico or the provisions of commerce between our respective countries, I cannot believe that the acts complained of meet the approval of the Government of Mexico. As I am required by my government to extend the fullest protection to the righte and interests of our citizens in these waters, I beg that you will inform me without delay what steps have been taken to make restitution of the property illegally taken from the Montana. An answer at your earliest convenience will oblige, Yours, very respectfully, Mr. A. MIGONI, Collector of the Port of Mazatlan, Mexico. W. P. MCCANN, Captain U. S. N., Commanding. Copy of letter from the collector of the port of Mazatlan. SIR: I have the honor to acknowledge the receipt of your communication dated 9th instant, in which you advise that the Government of the United States has instructed you to investigate the circumstances attending the recent seizure and detention of the American schooner Montana in this port, and the landing of a part of her cargo properly and duly manifested for ports other than Mexican. And you, furthermore, say that the above acts having been protested against as illegal and as unjustifiable intervention with the commerce of the United States, you desire to be informed if the act of breaking up the the voyage of the Montana, which has caused serious losses to its owners and to the consigners of the cargo, has been authorized and approved by the Government of Mexico. You also add that, obliged by your government to extend the most ample protection to the rights and interests of American citizens in these waters, you desire that information be given you, without delay, of the steps that have been taken for the restitution of the property illegally taken from the Montana, and that you await a prompt reply. In my simple capacity of collector of this custom-house, I am totally wanting in authority to enter into correspondence relative to the above-mentioned affairs, which from their very nature can only be treated upon by one government with another, or through means of their legitimate representatives especially authorized for that purpose, and, as I have just said, my office of collector does not give me such represent ation. Notwithstanding this, it being understood that this answer to your communication does not partake of the character of information given in the name of the government of this republic, considerations of courtesy and the duty of vindicating my country from unwarrantable accusations oblige me to make manifest to you that the information given you relative to the detention of the goods which the Montana had on board, declaring that they were destined to ports beyond those of Mexico, is not exact. It was after these occurrences, and a few days after I took charge of this customhouse, that the Montana arrived, having declared in the port of La Paz the merchandise not on the manifest required by our laws were destined to San José de Guatemala and Champerico. Although these goods had incurred penalties, I nevertheless informed the agent of the captain that the vessel would be permitted to proceed on her voyage after giving bonds subject to the decision of this government, or of the courts in case the government should decide not to remit the penalties in accordance with our laws; and though the agent expressed perfect conformity, he soon returned saying he could not procure a bondsman, which appears difficult, when one considers the moderate amount of the duties on said merchandise. I then determined to order the landing of these goods, arriving without legal papers, and which they said were destined for San José de Guatemala and Champerico, at the same time advising my government, by telegraph, in case it should be willing to pardon the irregularity as a favor to the interested parties; and besides, I refrained from holding the said goods, on account of the mediation of the consul of the United States, who desired that I would await the decision of this government. Two days after this stage of affairs, I received a communication from the consul of the United States inclosing a copy of the protest of the captain of the Montana, in which he avers that the proceedings of this custom-house were contrary to law and treaty. I answered, as was my duty, referring to the truth of the facts which I have just related. In regard to the gratuitous supposition of the infraction of the laws and treaty, I added that if he would point out to me any law or any article of any treaty which confirmed such interpretation, I would promptly give it the fullest compiance. Before receiving the decision of this government, the captain announced his intention to abandon his vessel, against which it was never intended to proceed, and the goods in question without awaiting the decision asked from this government, and on that account I find myself obliged to put the matter into the hands of the district judge, in order that he might decide what should be done in the case. It was the district judge who ordered the landing of the said goods, leaving the vessel to proceed on her voyage, as she did. The same judge is examining the above case, and will in a few days decide it. I understand that the decision will be favorable to the goods in question, as the government has done them the favor to exempt them from the documents which were lacking, and consequently from the penalties which they had incurred. But I do not think that it can decide that the said goods came legally documented, and that notwithstanding this fault they may claim damage who alone are respons.le for the fault. Repeating that, in all the foregoing, I make no pretense of speaking in the name of S. Ex. 96-2 the government which I serve as collector, but only as acting to that which I believe to be the duty of courtesy and even of justice in defense of the truth, I have also the honor to offer you the security of my attention. SIR: In connection with the memorandum submitted to Mr. Vallarta, noticed in my Nos. 555, 556, 557, and 558, I suggested to him that the damages resulting to the American vessels Dreadnaught and Montana at Mazathan be adjusted by appraisers or arbitrators to be selected by the Mexican Government and American consul of that port. * I am, &c., No. 17. JOHN W. FOSTER. No. 638.] Mr. Foster to Mr. Evarts. LEGATION OF THE UNITED STATES, SIR: The claim arising out of the detention of the schooner Montana and the seizure of her cargo by the Mexican custom-house authorities of Mazatlan having been definitely rejected by the Mexican Government, I deem it proper to make a brief recapitulation of the case and forward to the department copies of some of the documents relating thereto, to enable you to form a more accurate view of the decision of the Mexican Government. In my No. 508, of March 21 last, I first reported the detention of the vessel by the authorities on the ground that the Mexican laws did not permit a vessel touching at a Mexican port to carry goods "in transit," to wit, from San Francisco to a port in Guatemala, and that I had made complaint to the Mexican Government, asking the release of the vessel and reparation for the detention. In my No. 509, of the 23d of March, I reported that the secretary of foreign affairs had informed me that the secretary of the treasury had sent notice to the collector at Mazathan that his construction of the law was not correct, and ordered him to release the vessel at once. In June last (see my No. 559), the cargo still in possession of the cus tom-house authorities, I proposed to Mr. Vallarta, secretary of foreign affairs, that the damages resulting from the detention be fixed by ap praisers to be selected by the Mexican authorities and the American consul at Mazathan, taking it for granted that the Mexican Government would not deny responsibility, in view of the decision of the secretary of the treasury that the seizure was illegal and that the vessel should be released at once. Mr. Vallarta postponed action upon my proposition, and in the mean time the collector and district attorney, who were interested in securing the moiety, had instituted suit in the federal district court for the confiscation of the cargo, the captain of the vessel and the consul protesting against the proceeding. After a lengthy trial the court rendered a very singular decision, a translation of which I inclose herewith. It held that the trade in which the Montana was engaged was not unlawful, but expressly recognized by the circulars of the treasury department; that the secretary of the treasury is the proper authority to decide upon a question of this nature, after it had been referred to him, and recognizes that his telegraphic instructions to the collector operated as a dismissal of the suit; that the goods or cargo be returned to the captain of the vessel, without any right on his part to claim costs or damages, nor to demand that the goods be taken to their destination at the cost of the government; and that the collector had not incurred any responsibility for his conduct. On the 28th of July last I again called Mr. Vallarta's attention to the case (see inclosure 6 and 7 in may dispatch No. 597, of September 4) and urged an adjustment of the question. It will be seen by reference to my conference above that notwithstanding he himself had, at the outset of the case, informed me of the decision of the secretary of the treasury that the seizure was illegal, he denied the responsibility of the government therefor, on account of the decision of the district court. My position on the question, that the decision of the court could not and did not release the government from responsibility for damages, will be found in the inclosure 6 and 7 to my No. 597. Since the date of my conference with Mr. Vallarta the case has been appealed to the circuit court by the district attorney, and that court has sustained the decision of the district court. I inclose translation of the decision of the circuit court, as also translations of the telegrams of the secretary of the treasury instructing the collector that his proceedings were illegal, and a translation of the treasury circular of February 28, 1877, directing the attention of the collectors of customs to the circular of January 11, 1875, which authorized and regulated the trade in which the Montana was engaged. The owners and consignees of the goods and the owners of the vessel have filed their claims in this legation, amounting to $19,670.50. It will be seen by reference to my dispatch No. 635, of yesterday, that I proposed to Mr. Vallarta to examine with him this and other pending cases, and in case of disagreement to refer it to the arbitration of one of the members of the diplomatic corps resident in this capital, and that he declined to agree to the proposition. I am, &c. JOHN W. FOSTER. [Inclosure 1 in No. 638.-Extract.] Copy of translation of the papers in the case tried before the district court of the State of Sinaloa about the seizure of 349 packages of foreign goods brought on board the North American schooner Montana, destined to San José de Guatemala and Champerico. The parties in this suit having manifested that they had nothing further to state, the debate was declared terminated at one-quarter past five o'clock on the 11th day of April, 1877, and it was impossible to have concluded it yesterday, and all were advised that a judgment should be pronounced, and they signed with the citizen judge and secretary. VILLAGAS LE GABUA. POMPEYO F. PELAEZ, Secretary. |