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mary of proceedings upon this subject which the command- rendered themselves liable by their own conduct to proceedant general of New Leon and Tamaulipas was ordered to ings intended to correct abuses and arbitrary acts; or, if institute, as the undersigned had the honor to announce to they were in truth committed in the republic, it has been the honorable P. Ellis in his note of the 17th of July last; / against the constant desire of the National Gevernment that and as soon as he can obtain the document he will commu- there should be preserved in all parts those considerations nicate to him the result.
due to the citizens of friendly Powers; against its efforts This Department has also called anew upon that of War and endeavors that there should exist no difference between for such facts as may come to hand touching the outrages them and the natives of the country; and, in fine, against which, it is said, were committed in Matamoras by a party its repeated dispositions that before all tribunals and authoof armed Mexican troops upon the consul and others, citi- rities they should receive protection, and speedy and ample zens of the United States, which formed the subject of the justice be awarded to them. Because of this, and with the honorable Mr. Ellis's note, addressed to the undersigned object of vindicating the national honor, so far as it can be on the 9th of September last; and he will take the earliest comproinitted by the acts to which the honorable P. Ellis opportunity to advise your excellency of the same.
collectively refers, and of giving new proofs of the rectitude, "There being no previous information in this Departinent probity, and decorum of those principles which have in all relative to the occurrences in the case of the schooner tine governed the conduct of the Supreme Mexican ad. Eclipse, of Mobile, they have been requested to be furnished ministration, it will esteem it a favor to receive a statement by the Department of Finance, for the purpose of answer- of all existing causes of complaint, promising justice and ing under this head the note of Mr. Ellis, to which the impartiality towards that of the United States of America, present note of the undersigned refers.
who will be convinced of the exaggeration used by the As a consequence of notice had in Matamoras in April | claimants in presenting their demands, through motives last, that soine hostile vessels were cruising in our waters, which it is needless to mention-endeavoring thereby to and destined for that port, the commandant general of those reap advantages which they could never otherwise obtain, Jepartments ordered, as a measure of precaution, that the and to escape punishment for misdemeanors which they departure of every vessel from the bars of the same should commit in contempt of the laws of the country where they be suspended, and that they should draw as near as pos- prosecute their speculations, although it may be at the er. sible to the city, in order that they might be protected by pense of compromiting the friendly relations and good harthe fire from the plaza in case of aggression; but this pro- mony between this and the nation to which they belong. vision, which lasted only a very few days, notwithstanding But although the Government of the undersigned may it was called for at the time by the best interests of the be thus willing to admit the just demands which may be national service and the safety of the vessels aforesaid, was presented, and ready to repair the injuries which have disapproved by his excellency the President, because the been occasioned in this republic to the parties interested in provision had not been dictated by the Supreme Govern- | them, it cannot be indifferent to the crimination made in ment, which alone has the power to make use of this in- the note of the Hon. P. Ellis, to which the undersigned is herent right of all nations, instructing said commandant now replying, when it is constituted the author of illegal, general that no port should in any event be closed without arbitrary, and violent acts-acts in which, if they have superior authority, because of the evils which might be oc- been committed, the Government has had no part whatever, casioned to commerce. It appears that, on this occasion, inasmuch as they owe their origin to authorities and private no injury did result—at least the Supreme Government has individuals, and those which have come to its notice have heard no complaint of such, and the undersigned there- met with their merited displeasure and reprehension. Not fore believes that this would be considered a sufficient re- one single act can be adduced in which the Supreme Gorply to the reclamation growing out of the detention of the ernment has manifested, even remotely, a disposition the schooners Jane, Compeer, and other vessels of the United least unfavorable to the preservation and extension of States of America ; more particularly if it he remembered friendly political relations with foreign Powers; and on this that the proceeding in question was not confined exclusively account believes that it has not deserved these reproaches, to them, but to all vessels then in Matamoras, whatever nor that there should have been practised towards it a feelmight have been their destination, including national ones. ing of indulgence on the part of any of them, such as the
The Government of the undersigned has no information Hon. Mr. Ellis ascribes to the President of the United of the act to which the honorable Mr. Ellis refers, of the States; a feeling which, in such cases, is degrading to the American consul in Tabasco having been required by an al-party in whose favor it is exercised. Even supposing that calde of that city to authenticate, with his consular seal, the claims of the citizens of the United States against the certain public documents; and because of the same, in or- Mexican republic had acquired all that degrec of certainly der to form a correct idea of the matter, a statement of tho and justice necessary to deduce the obligation of the same necessary facts has been required of that functionary, the to accord to them due satisfaction, if the Government has result of which the undersigned will make known to the not denied such satisfaction, it does not merit the applicachargé d'affaires of the United States of America.
tion of this spirit of indulgence or toleration : how much Your excellency, after specifying all the subjects which less, then, does it deserve the exercise of that spirit, when have been thus replied to, goes on to say that Mexican all such proofs are wanting in the reclamations in question, armed vessels have fired upon and insulted the flag of the and when it has not resisted the adjustment of them United States of America; that her consuls have been mal- | Hence it is that the Government of the undersigned has treated and insulted by the authorities, private citizens as- seen with surprise and regret these phrases and others in Bassinated, arrested, and scourged like malefactors; their the note of the honorable chargé d'affaires of the United property condemned and confiscated, &c.; but as these states, and, prompted by its own dignity, by its decorum, charges are made in terms so general, the Supreme Gov- and by the national honor, it commands the undersigned ernment of the republic desires that they may be specified, to convey these sentiments to your excellency, and to state before taking them into consideration. The Government to you that the Government is now disposod, as it ever has would have taken as much pleasure in repairing losses and been, to fulfil its obligations as prescribed by the law of injuries which have been unjustly suffered in Mexico by nations and the special treaties which have been concluded citizens of the United States, and in giving satisfaction for by the republic, and as it has, in fact, fulfilled them in as insults inflicted on the flag of the same, as is the feeling of many cases as have been presented. It will listen with regret which has been caused by some reclamations, which pleasure to the roclamations which may be presented foundare either unfounded, because those who present them have 'ed in justice, as those no doubt will be, to which the hun
orable P. Ellis alludes, since the Government of the Uni- tended so far as might be desired, in order to render more ted States will have dii ested thein of the exaggerations and effective the protection which it owes to the citizens of falsities with which the parties interested are accustomed friendly nations; but if these citizens do come into the reto surround them, and from the gratuitous charges of vio- public, knowing its laws, and knowing also that they are lence and arbitrariness which they attribute to the authori. to be subject to them during their residence in the country, lies and officers who, in the fulfilment of their duties, take both in their professions and speculations, it is so much the care that the laws of their country are enforced with the more unjust that the Government should be condemned for most rigid and exact application.
not being at liberty to proceed in any other manner than The undersigned cannot conclude this communication that specified in these same laws. without making, although with reluctance, the observation The undersigned has now replied to the note of the honthat the very frequent complaints and demands on the part orable P. Ellis, with such observations as he believed apof the citizens of the United States, could he much better propriate, and to all the points embraced in it, although alleged against them for the irregular conduct which, in important data upon some of them are wanting, yielding, many cases, they have practised in the prosecution of com- as bas been before said, to the urgency of his excellency, merce. The contraband which they have been engaged that he might receive a prompt reply. This urgency would in, especially in Texas, is notorious; and often protesting have had nothing strange in it, if it had not been accoman ignorance which they could not have of the laws of panied by an intimation that the honorable Mr. Ellis would finance, they have omitted the requisites, or documents ex- retire from his public functions in case of not receiving a acted by these, thereby giving rise to the confiscation of response as early as was desired. This was the more untheir cargoes or vessels, to the imposition of fines and other expected to his excellency the President ad interim, inaspenalties, against which they declaim without reason, be much as he did not deen a delay in the reply depending cause they are founded in justice, paying no attention to solely upon causes which the undersigned had already the truth that they ought to be sulyject to the laws, usages, made known, a sufficient justification for such a step; and and statutes of the country wherein they carry on their when he knew, on the other hand, that even the cabinet at mercantile speculations
s-a measure natural in itself, and Washington bad not given any reply to the Mexican minexpressly provided for the 3d article of the treaty of am- ister in those States up to the 4th of October, to notes ity, commerce, and navigation.
which he addressed to it in the months of August and It is not intended by this that the Government of the September, and upon subjects of the greatest importance to undersigned confounds in these inequalities all the citizens the interests of the two nations; but, be this as it may, the of the United States; it knows and is certain that there are undersigned has complied with his duty, so far as it has many to whom no reproach whatever can attach, since they been possible. He again offers to transmit to the honorhave demeaned themselves with every delicacy, honor, and able Mr. Ellis the result of the information and documents circumspection, in all employments to which they have which he has called for, as mentioned in their respective devoted themselves; nor much less must it be supposed places; and he avails himself with pleasure of this opportunithat the Mexican Government throws out these ideas to ty to renew to his excellency the assurances of his very disform matter of reclamation against the Government of tinguished consideration and esteem. Washington, for it well knows that, from the conduct ob
JOSE MARIA ORTIZ MONASTERIO. served by the citizens of that nation, no responsibility can result to it, both because it cannot control the same,
Mr. Ellis to Mr. Monasterio. and because it has in no manner approved such conduct. These same considerations should operate towards
LEGATION OF THE UNITED STATES OF AMERICA, that of the Mexican republic, as regards the misilemcan
Mexico, December 7, 1836. ors which have been committed by citizens of that coun- To his Excellency Jose Maria Ortiz MONASTERIO, try; circumstances which ought not to be viewed by either Acling Minister of Foreign Afairs. the one or the other Government as indicating a disin- The undersigned, chargé d'affaires of the United States clination to cultivate and extend their relations, nor as of America, has the honor to acknowledge the receipt of a neglect or an omission to impart to them that protection your excellency's nole of the 15th ultimo, in answer to his which they are bound to afford by the law of nations and of the 26th of September last past, in which your excellenthe treaties which they have concluded. In proof of this cy states that it is necessary to establish a preliminary basis conviction of the Supreme Government, the undersigned in reference to the true interpretation of the 14th article of will remark, in passing, that not even the recent event the treaty of amity, commerce, and navigation, subsisting touching the Mexican schooner Correo, was thought to between the United States of America aad the Mexican rehave compromitted that of the United States; its reclama- public, before a final answer can be given to the various tions were directed with a view of putting a stop to the reclamations preferred against this Governinent. That scandalous proceedings of the authorities of New Orleans, article provides that “both the contracting parties promise towards a vessel of war belonging to a friendly nation, and and engage to give their special protection to the persons Mr. Ellis well knows that, on the other hand, his Gov- and property of the citizens of each other, of all occupa. ernment abstained from all intervention in a most direct, tions, who may be in their territories, subject to the jurisclear, and undeniable insult, inflicted on the Mexican flag, diction of one or the other, transient, or dwelling therein, because the subject was pending before the judicial power leaving open and free to them the tribunals of justice, for of that country. The undersigned protests that these ap- their judicial recourse, on the same terilis which are usual plications are not adduced for the purpose of warding off and customary with the nations or citizens of the country in satisfaction for the just reclamations which the Government which they may be ; for which they may employ, in defence of the United States may have against this: far from it; of their rights, such advocates, solicitors, notaries, agents, he has said, and he repeats, that the latter is ready to and factors, as they may judge proper, in all their trials at prove as much, and he has sought only to show that in law; and the citizens of either party, or their agents, shall these has had no part; that in those which have occur- enjoy in erery respect, the same rights and privileges, red it has fulfilled its duties; and that, if it has not been either in prosecuting or defending their rights of person or more obsequious to the complaining, it was because the of property, as the citizens of the country where the cause fundamental laws of the country have too well defined its may be tried." powers, and hence it will be seen that it is unjust to blame That part of the treaty above quoted, it is alleged, proihe Government because these powers have not been ex- vides for the redress of most of the complaints of citizens
of the United States against this Government in the judi-usages observed among all nations in their commercial in. cial tribunals of the country, where alone they are proper- tercourse with each other, it is her province, as it is her ly cognizable, and which cannot now be made the subject duty, to protect them in the enjoyment of their acknowl. of diplomatic discussion and arrangement between the two edged rights. What has been the practice of other na. Governments.
tions under similar circumstances ? Many of the Govern. It would seem, from the terms and spirit of the compact ments of Europe have acknowledged the reclamations of itself, that the acknowledgment of this right in the treaty, the United States against them, without urging the preplacing citizens of each nation on the same fouting with tension (now advanced by Mexico, under the 14th article natives in their courts of justice, was with a view to pre- of the treaty before cited) to avoid a just responsibility for vent the delays incident 10 an appeal to the Government spoliations committed by them on the commerce of a friendof the injured party ; but its admission, although underly and neutral Power. It is believed, in all the instances such high authority, cannot be considered as amounting to alluded to, citizens of the United States enjoyed the same the extinction of all other modes of redress before existing privileges that those now resident in Mexico do, under in relation to the same subject. If such had been the in- treaty stipulations. Notwithstanding which, when they tention of the contracting parties, they would have so ex- asked, through their Government, reparation for the pressed themselves; and, in the absence of any limitation wrongs inficted upon them by those Powers, they were at of the kind, a fair and just construction of the treaty will no time referred to the judicial tribunals of the country, as leave no room to doubt the intention of the two Govern- | the only means of obtaining redress, although in many of ments at the time of its execution. The first clause of the the seizures then made, there was no final condemnation conventional law in question expressly guaranties special passed ; yet all such cases formed the subject of reclama. protection to the persons and property of the citizens of tion on the part of the United States, and were ultimately each other; with what reason, then, can it be said that acknowledged as just. These impressions, which have the courts of the party from whom reparation is demanded, been made upon the mind of the undersigned by a review and which may refuse to award justice, shall be the exclu- of the question under consideration, have led him to the sive judges of the injury sustained by the citizens of the conclusion that the opinion expressed by the honorable other? It is the peculiar a tribute of sovereign power to Mr. Monasterio, which limits citizens of the United States, ask for redress from an offending nation, when there may having certain claims against this Government, to a resort be just cause of complaint, and to pursue such measures to the judicial tribunals of Mexico for indemity, is wholly as the law of nations may allow in the vindication of its indefensible. rights. If the language of that article confines citizens of In the case of John Baldwin, your excellency remarks the United States to seek protection in the judicial tribu- that, whatever may have been the grievances borne by him, nals of the country, in certain cases, it would follow as a and however arbitrary the acts of the Mexican authorities, necessary consequence that their decisions would be final; the party interested ought to have sought reparation for the complainant could not look for rodress beyond the er- them, and punishment of his aggressions, before the proper mine of the bench. He would have to submit to its jugd- tribunals; that the corduct of said Baldwin has not been ments, however erroneous and unjust they might be ; and, so circumspect and regular as he has represented, inasin that event, the courts of the Supreme Mexican Govern. much as there have been instituted against him six crimiment would become the sole arbiter between the two Gov. nal prosecutions in the court of Acayucan. As to the ernments on all questions arising out of the infraction of prosecutions alluded to, upon an examination of the rectreaty stipulations, in wbich the United Sta’es might feel ords of the court where they were instituted, it appears it to be her duty to protect the commercial interests of her that, in the year 1832, a criminal process was served on citizens. Such a doctrine, the undersigned is well per- John Baldwin, as a smuggler of cochineal, by the collector suadell, cannot be sustained either upon principle or prece- of rents at Petapa. The judge before whom the action was dent. It will be recollected that many of the claims now brought, ordered his personal effects to be, in consequence, urged for adjustment arise out of the illegal seizure and confiscated; but that functionary being declared incompetent condemnation of vessels and cargoes by the same tribunals to decide in the matter, it was removed to a legally constituto which your excellency is pleased to say we can alone ted tribunal, where it was proven that Baldwin had fairly resort for indemnification. To call upon the judges of acquired the cochineal in question, and travelled with it in these courts, under such circumstances, to reverse their the most open and public manner.
The accuser himself judgments, and to declare to the world the errors in the testified that he had seen Baldwin collecting cochineal; rendition of their previous decrees, would be a useless waste that his only ground of suspicion was the fact of having of time; and if, as it appears, such a course is to be insist been informed that he had left Petapa, and taken the died on, it can be viewed in no other light than as a rejec- rection to Malpaso ; and that he himself did not know that tion of these claims by the Mexican Government. When Baldwin had ever conveyed cochineal to Malpaso, with or a vessel is illegally seized by the officers of a Government, without custom house passes ; nor was the circumstance of the injury is twofold: first
, in relation to the individual his alleged illegal trade established by any witness. The injury sustained by all interested in the vessel and cargo; counsellor to whom the matter was referred, absolved the and, secondly, in relation to the right which the Gov- party accused from the charges preferred against him, and ernment of the injured party has to make such seizure the ordered a restitution of the embargoed effects. The judge subject of diplomatic inquiry and reclamation, if it shall be of Tehuantepec confirmed this opinion of the counsellor, found that the proceedings had in the case are in contra- and ordered the junta-central of that place to reimburse the distinction to the we!l-established principles of internation- sufferer. A small portion of the effects only were real law. If this be true, the decisions of the courts of Mex- turned. Availing himself of the law, which makes every ico cannot be held as final, inasınuch as the United States individual member of such bodies responsible in such cases, would thereby be precluded from the exercise of an un- Baliwin brought a demand for the balance of his gonds questioned right of sovereignty to make investigation into against Juan Jose Salinas, the only one of the junta who all cases where complaints are made, to the end that she was able to pay; but the influence aud power of this permay extend her protection to those entitled to receive ir. son were so greut as 10 prevent the judge from executing It is not contended that the Government of the undersign. his sentence, and even to jeopardize the life of Baldwin, ed claims the right to reverse the judgments of the courts who, from considerations of personal safety, had to abanof the Mexican republic; but if the property of her citizens don the prosecution of his claim, and leave the country, bas hoen seized and condemned in violation of the law and Notwithstanding the result of the prosecutions at Acayu
can, and the cruel and “ scandalous proceedings" of the July, in the year 1832; but was wholly unable to do so, authorities at Guazacualco exercised towards this unfortu- in consequence of the seizure of the steamboat Hidalgo, nate individual and his family, (for the life of his wife was the schooner Consolation, and the brig John, then enailempted by one of the soldiers snapping a pistol at her gaged in freighting dye-woods from the interior to load breast, while in the pursuit of Baldwin, in his own house,) said vessels. The supposed limited means of Leggett to and his acquittal from the false charges preferred against accomplish this object, and to fulfil his contracts with him, and the manifest inability of the civil authority to others, though in the possession of his vessels, can in noprotect him, he is now, after a lapse of five years, to be wise justify the illegal acts of their seizure, whereby he turned over to these identical authorities, who have been was prevented from meeting all his engagements. The the cause of all his sufferings, to redress his wrongs—al- facilities afforded by the power of steam navigation, it canthough it is consessedly true that this Government is bound not be doubted, would have enabled him to load and de. to protect the persons and property of all American citi spatch all the vessels referred to in his memorial, had not zens in the United Mexican States! The inability or fail the intervention of the superior power o! the Government ure of the judiciary to protect Baldwin, he having, in the prevented it. This fact, it is believed, is clearly establishfirst instance, sought satisfaction before that forum, cannot ed by the statements of William A. Brown, José Leonabsolve this Government from its obligation to fulfil its ardo and Francisco Abieu, and Cesario and Francisco Juties in regard to a citizen of the United States resident Dominguez, all of whom state that the contracts for login the country; and whatever may have been his indis- wood entered into by Brown and Cohagan, on account of crelions, he is liable to the penalties of the law for his im. Leggett, called for the cuttings of 1831; and that there proper acts; but they will not excuse, much less justify, was a large quantity, some say fifty thousand quintals, on his persecutions at Minatitlan and elsewhere.
the banks of the rivers Usuinacinta and St. Peter's, ready In the case of the schooner Brazoria, the undersigned for delivery in June and July, 1832. Hence, it is evident is happy to see a recognition of its justice. He would, he could have complied with his contracts to the woodcuthowever, beg leave to say, that the valuation of the vessel, ters, and the injury arising from the failure to do so propal the time of her impressment into the service of the erly attached to those who prevented it, and they are, upcolonists of Austin, must be considered the standard of in- on every principle of justice and equity, responsible for demnity, and not the product of her actual sale, under an the same. From these statements, resulting from docuorder of the Mexican Government, after she had been se- mentary evidence in the possession of this legation, it apriously damaged, during twelve months' service, in time of pears your excellency has misapprehended the true state
of this claim, and the ground upon which reclamation is In reference to tho claim of Aaron Leggelt, your excel. asked in favor of the memorialist. The justice of it is lency states that, after an examination of the case, it ap- manifest, and the corresponding obligation of the Mexipears that, according to contract, and in virtue of the can Government to liquidate the same arises out of treaty privilege granted to the steamboat of complainant, it was stipulations, which never will be disregarded by a wise his duty to transport, gratis, national troops whenever re- and just nation. It was so admitted by his excellency quired by the public service. From the third article of General Antonio Lopez de Santa Anna, soon after his the decree of the Congress of Tabasco, bearing date the elevation to the executive chair of the republic, who con18th of November, 1831, it will be seen that William H. veyed to the predecessor of the undersigned the expresBrown, “or those who exercise his rights and interests, sion of his regret that the condition of the public treasury (Leggett claims under Brown,) are under obligation to vas such as not to enable him to order the immediate retake on board such boats, troops, and correspondence of imbursement of the losses sustained by Mr. Leggett, as the nation to any navigable point of the State whatever, set forth in his memorial. without any compensation : provided such troops are ready In the case of the brig Ophir, documents in this office to march from the places whence any boat of those men- satisfactorily prove that Captain Brittingham was provided tioned is to start, and it be on the same day of her start- with his general m:nifestoes; that it was the fault of the ofing." So soon as the grantee of the steamboat privilege ficer who boarded the vessel on her arrival they were not in question fulfilled the precedent conditions required by exhibited at the custom-house; and that they were produced the decree of Congress, his rights to the benefit of the law as soon as practicable after the captain was made acquainted became, vested, and no subsequent act of the State of Ta- with their importance, and the necessity of their producbasco, or of the Federal Government, could deprive him tion, in order to save his vessel from condemnation. The of them without incurring the just responsibility of re- very fact of the judgment of the inferior court (before which muneration. The forcible seizure and detention of the the cause was first brought) having been reversed, is sufHidalgo, on the 24 of July, 1832, by order of the com- ficient proof of its injustice, and leaves clear the responsimandant general of Tabasco, and her employment in the bility of this Government to indemnify the owners for the public service until sometime in August thereafter, to the loss of time and property occasioned by its agents, who argreat detriment of her owner, were not warranted either raigned an innocent person upon charges which they were by the letter or the spirit of the law conceding to Mr. unable to establish. Leggett the exclusive privilege to introduce and navigate As regards the “injurious and highly vffensive protest" all kinds of steamboats in all the rivers, creeks, and lakes, of Captain Britingham against the officers and employees belonging to the territory of the State, for the term of ten of this Government, your excellency having been pleased years.
to bring the subject directly to the notice of the cabinet at He was only bound, by the terms of the grant, to con. Washington, the undersigned will leave its arrangement to vey boats, treops, and correspondence to any navigable that authority. point within the State; provided, however, that the troops The detention of certain American vessels at Matamoras were ready to march on the day appointed for the sailing in the month of April last, was in violation of the eighth of the boat. This agreement to perform a particular ser. article of the treaty subsisting between the two nations. vice under limited restrictions, certainly gave no authority But even in the absence of such a guaranty, the admission to take possession of the Hidalgo, and appropriate her ex- of your excellency that the port was closed by incompetent clusively to the use of the State. These proceedings have authority, is a satisfactory ground, upon general principles been injurious to Mr. Leggett; he had, under charter of maritime law, on which the reclamation for losses sus. parties, contracted to load six or eight vessels with log- tained by the owners can be maintained; and that they exwood at San Juan Bautista, in the months of June and 'pect damages in the several cases of the brigs Jane and
Henry, the schooners Compeer and Nile, and the sloop their temporary residence in it; but he cannot remain inSupply. The undersigned will suggest that he cannot ad- sensible to the charge made against them of being notorimit the impressions of this Governinent as to whether or ous smugglers : such is not the character of the American not the detention of said vessels was productive of injury, merchants in the United States; and it is wholly inconceis. as the rule by which the question is to be decided; and that able how they should have fallen into such disgraceful practhe fact of the embargo in question having extended to tices at so early a period after their arrival within the limits other vessels than those of the United States, does not le- of the Mexican territory. Charges of this kind have been galize the act without admitting the corresponding inden- repeatedly made in the public prints of this country: thus prenification due under such circunstances.
sented, they have been considered unworthy of notice; but A condensed summary of the wrongs inflicted upon citi- when they are countenanced and indirectly sanctioned by the zens of the United States, in the note of the undersigned authority of the Supreme Government, conveying as they of the 26th of September last, to which your excellency do the injurious imputation that the President of the United seems to think it will be unnecessary to make answer, with. States, with a full knowledge of these facts, is urging claims out further specification, is nothing more than the imbodied founded in fraud and corruption, it becomes necessary, from a substance of the cases previously referred to in that note- high sense of duty, to repel them as utterly unfounded. The scarcely one of which has been satisfactorily answered by remarks referred to were the more surprising, since the unthe Supreme Mexican Government.
dersigned distinctly informed his excellency, the acting Your excellency has taken occasion 10 state that the Minister of Foreign Affairs, in his note of September last Mexican Government “cannot be indifferent to the crimi. on this suliject, that he was instructed by the President of nation which is made in the note of the honorable P. Ellis,” the United States to press these claims on the Mexican wherein it is constituted "the author of illegal, arbitrary, Government for final adjustinent. and violent acts." The undersigned cannot refrain from In speaking of the causes of complaint on the part of expressing his regret that the acting Minister of Foreign this Government against that of the United States, Mr. Afairs should have permitted himself to fall into this (no Monasterio has referred to the arrest and trial of Thompdoubt unintentional) error. By a reference to that note, son and O'Campo, of the schooner Correo, as an “undeit will be seen that there is no such charge advanced against niable insult inflicied on the Mexican flag." In that case, the Mexican Government; but it has been most unequivo- it is well known the Government of the United States did cally made against its officers; and the indisposition or not order the prosecution of Thompson and O'Campo. It omission of the constituted authorities here to check their is equally well known said Thompson was discharged by aggressions on the rights of a neutral nation, have led to re- order of the district court of the United States for the clamation on the part of the United States, characterizing | eastern district of Louisiana, when the person who had the acts of the offenders in terms suited to the nature of him arrested for supposed piracies committed on American their delinquency. This is all that has been said; nor is he vessels, failed to prove the allegations brought against hier. aware of its injustice, since it has not been shown that the The schooner was at the same time restored to the Mexialleged charge of the firing into the Paragon and Hannah can consul in New Orleans. Elizabeth, by officers bearing the commission of this Govern- The Correo was captured by a merchant vessel, the San ment, were not acts of violence inconsistent with the Philipe, and taken to New Orleans, where Captain Hurd friendly relations existing between the two countries. These and others made oath that Thompson had attacked the San have been represented as such long since-ihe first on the Philipe, with a felonious intent to rob said vessel, contrary 101h of August, 1834, and the other on the 30th of May last; lo the provisions of the act of Congress of the 30 of March, and the reason assigned for the protracted delay in rendering 1825, and it therefore became the imperative duty of the a just response to the statements made touching these out- district attorney of the United States to prosecute the per: rages is, that the appropriate department has not furnished son thus charged. If the court had proceeded to the conthe necessary documents for that purpose.
demnation and punishment of the accused, and the confisequally aggravated and injurious to the honor and inter- cation of his vessel, contrary to law and evidence, (she ests of the United States, have not been noticed. Still it being regularly cominissioned in the service of this Governis urged, “not one single act can be adduced in which the ment,) there might be some pretext for an inquiry into the Supreme Mexican Government has manifested, even re- case, with a view to ask explanations of the United States. motely, a disposition in the least unfavorable to the preser-, But this will not be said, 'as Thompson failed to produce vation and extension of friendly political relations with for- such commission on his trial to give color of authority to eign Powers !" It is not the wish or design of the Gov
Hence it is, as the national character of the ves. ernment of the United States to cast reproaches upon that sel was not established by adequate proof, there could be of Mexico; nor can it, consistently with the uniform policy no ground for interference on the part of your excellency heretofore observed towards this country, admit the correct- in favor of one who had thrown himself beyoud the proness of those imputed to it on the present occasion. The tection of the law of nations, in his attack on the San assurance given that Mexico is disposed, as she ever has Philipe, and much less could the President of the United been, to fulfil her obligations, as prescribed by the law of States be called on to interpose and screen him from the nations and special treaties, is received with that respect penalties of the law. No nation has a right to call on anJue to the high source from whence it emanates. But it other to respect her flag in the person of an individual may be with deference asked, if all the duties enjoined by sailing on the high seas without suitable papers to show such high sanctions have been fulfilled, why have not ihe his true character, after he has been captured for a violanumerous reclamations presented by the honorable Mr. tion of the neutral rights of others. But, admit for a Poinsett and Mr. Butler, for the last ten years, been fa- moment that the commander of the Correo bore a commis. vorably received, and acknowledged to be just, or rejected sion from the Mexican Government: get the flag raised by without delay ? Surely all of them are not founded in the virtue of such authority gives no protection to him, if his fraudulent practices of contrabrandists, who scek to ad- acts are piratical. It is true he was discharged not acvance their fortones in violation of the laws of the country, quitted ; and it appeared on the trial that his conduct had and at the hazard of jeopardizing the peace and tranquillity not been of such a character as to entitle him to the favor. of two friendly nations! It is not the intention of the un- able consideration of the jury, some of whom entertained dersigned to protect or justify any of his countrymen who the opinion that he had been guilty of piratical practices, have so far transgressed as to render themselves obnoxious and ought to be punished; but the interposition of the to the laws of the country affording them protection during authority of the judge set the offender at fiberty. It can