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renew to your excellency the assurance of his very dis

Mr. Burrough to Mr. Ellis. tinguished consideration.

CONSULATE OF THE U. STATES OF AMERICA,
POWIATAN ELLIS.

Vera Cruz, November 24, 1836. To his Excellency Jose Maria Ortiz Monasterio,

Sir: I beg to advise you that General Antonio Castro, Acting Minister of Foreign Affairs.

the military commandant general of this department, did

me the honor to call at my office to-day, and stated that, Mr. Burrough to Mr. Ellis.

having received instructions from the Supreme Govern. CONSULATE OF THE U. STATES OF AMERICA, ment in regard to the seamen of the United States ship Vera Cruz, November 19, 1836. Natchez, detained in this city, he should issue an order

for their liberation, and who would be delivered to my S1R: By this morning's mail I had the honor of your letter of the 15th instant, advising that my respects of the charge.

The said mariners have not as yet appeared, but who 10th, with its accompaniments, had reached you. The American seamen are yet in confinement, and no

will probably, according to promise, be presented at this

consulate in the course of to-morrow. I shall take charge overtures made on the part of the authorities of this Government to enable me to visit them, nor has any com

of them, and dispose of them as I heretofore informed you. munication been received in relation to them since I last

I have the honor to be, most respectfully, your obedient, addressed you in their behalf, and for which I am willing servant,

M. BURROUGH. to give the credit to General Gregorio Gomez, the military

The honorable Powhatan Ellis, commandant of the plaza of Vera Cruz. Enclosed I hand you copies of two notes received from

Chargé d'Affaires U.S. A., at Mexico. the prisoners, and whom I shall make, perhaps, another effort to see in the course of a day or two, in case they

Mr. Burrough to Mr. Ellis. are not released. I have sent them a little money through

ConsulATE OF THE U., STATES OF AMERICA, the bearers of the two notes, but am apprehensive that it

Vera Cruz, November 26, 1836. has not been received. Concluding my remarks on the

SIR: I have the gratification to inform you that the subject of said seamen, citizens of the United States, I can but assure you that nothing on my part shall be wanting eight American seainen belonging to the United States to the end that they may be released and protected from ship Natchez, and who have been detained in prison by

the authorities of the Mexican Government at this city for oppression. I have the honor to be, sir, most respectfully, your obe

the period of twenty-three days, were yesterday delivered dient servant,

M. BURROUGH.

to my charge by the commandant of this plaza. The Hon. PowHATAN ELLIS,

Enclosed 1 transmit copies of letters on the subject of

their liberation. Chargé d'Affaires U. S. A., Mexico.

I have the honor to be, sir, most respectfully, your obe

dient servant, The American Seamen to Mr. Burrough.

M. BURROUGH.

Hon. PowAATAN Ellis,
VERA CRUZ Hospital, November 14, 1836.

Chargé d'Afaires U. S. A. at Mexico.
RESPECTED SIR: We were informed by a gentleman
who examined us yesterday, that our ship had sailed from
this port a few days ago, and that we were left under your

The Commandant of Vera Cruz to Mr. Burrough. protection. If such is the case, we should feel much

[Translation.] obliged if you would make it convenient to call here and COMMANDANCY GENERAL OF THE DEPARTMENT OF VERA see us, as we stand much in need of your advice at pres

Cruz.

I have this day given a suitable order to the military We remain, sir, your humble servants,

commandant of this plaza, directing him to deliver over to HENRY HAVIST,

you the eight mariners belonging to the American sloop of JAMES HOOPER, war Natchez, against whom a prosecution was instituted SAMUEL LONG, in consequence of the quarrel which they had with certain R. FREEMAN.

Mexican citizens, and of the resistance which they made For the AMERICAN Consul, Vera Cruz.

to the guard of the mole; hoping that, in conformity with

what you were pleased to signify to me in the conference The American Seamen to Mr. Burrough. which we held this morning, they may be chastised by the Vena CROZ PR150X, November 19, 1836.

competent authorities of their own nation, according to the

laws which there exist, and in a manner corresponding to RESPECTED SIR: As we have been discharged from the

the crime which they have committed in this republic. hospital, and are all here in prison, we beg leave to in

With this motive, Mr. Consul, I have the honor to offer form you that we are much in want of tobacco, and that

to you, respectfully, my consideration and esteem. we are not allowed a sufficient quantity of food, in conse

God and Liberty. Vera Cruz, November 24, 1836. quence of which those that have been in prison all the

ANTONIO DE CASTRO. time are getting sick and will be obliged to go to the hos

The Consul of the United States of North America. pital. We should feel much obliged if you would so far interest yourself in our behalf as to get us out of here,

Mr. Burrough to the Commandant of Vera Cruz. and, if convenient, we should be thankful by your calling here.

CORDULATE OF THE UNITED STATES OF AMERICA,

Vera Cruz, November 25, 1836. We are, respectfully, sir, your humble servants,

NATHANIEL GROVES, SIR: I am honored with your letter of yesterday, and
SAMUEL MOULDING, by which I am informed that an order has been passed to
SAMUEL LONG,

the commandant of this plazamin virtue of which the eight JOHN WILLIAMS,

seamen belonging to the United States ship Natchez, deJOHN DAVIS,

tained by the authorities of this Government under the acJAMES HOOPER.

cusation of infringing the laws of the Mexican republic, in

ent.

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a conflict with citizens of the country, and for resisting

Mr. Tornel to Mr. Monasterio, the military guard at the mole.

[Translation.] In pursuance of your command, seven of the said sea.

DEPARTMENT OF WAR AND MARINE, men were delivered at this consulate at the hour of 11 o'clock this day, since which, the other has presented him

Section 3d, Commandancy General of the Departself, and who, it appears, was detained by illness in the

ment of Vera Cruz, Mesa 1st, No. 718. hospital.

EXCELLENT SIR: In consequence of the superior note Responding to that part of your letter by which you ap- of your excellency, of the 19th instant, excusing some parently enjoin it as a condition of the liberation of the difficulties which embarrassed the termination of the preafore-mentioned seamen, that they be chastised by the paratory proceedings instituted upon the quarrel moved by competent authority of my Government, in accordance sundry sailors of the American sloop of war Natchez, seewith the laws of the United States, I have the honor to ing the merits wbich sustain those instructions, and folstate, that a communication on that subject from the com- lowing the desires of the Supreme Government, I bare mander of the United States ship Natchez, under cover of this day closed the subject in question, leaving uncomproa note from this consulate, bearing date the 4th of No- mited the national decorum, by delivering over to the dispovember, has already been made to the then military com- sition of the consul of the United States of the North, the mandant general of this department, in which the said said mariners, who, by their ignorance and excesses, rencommander refers to a letter of previous date, addressed to dered themselves liable to proceedings which they themthe aforesaid authority, expressive of his profound regret selves provoked--that functionary having promised that he at the unfortunate occurrence of the 2d instant, and where would send them by the first vessel that offered to the propin he assures the incumbent of office “ that if, on inquiry, er authority, to whom he would recommend that they tho provocation should appear to have originated from the should receive condign punishment for their offences; and American seamen, the offenders should receive condign in doing myself the honor to communicate this to your expunishment;" and there is no reason to doubt the good cellency, in reply to your note aforesaid, I have also that faith of Captain Mervine, commander of the United States of renewing to your excellency the assurance of my reship Natchez. But, as this consulate is in possession of spectful consideration. no testimony that the American seamen are delinquents, God and Liberty. Vera Cruz, November 24, 1836. the converse being proven, and by ample testimony, that

ANTONIO DE CASTRO. they were wantonly attacked and unmercifully beaten and To his Excellency the Minister of War and Marine. wounded by the military guard and other assailants at the Copy : Mexico, November 29, 1836. mole of this city, on the morning of the 2d instant; and

JUAN L. VELASQUES DE LEON. unless sume proof at least be adduced that they, the said. Copy : Mexico, December 2, 1836. seamen, were the aggressors, I am constrained to express

JOSE MARIA ORTIZ MONASTERIO. my disapprobation of the justice of your requisition regarding their chastisement. Having already protested against the unjust and arbi

Mr. Ellis to Mr. Burrough.-Extract. trary Jetention of said American scamen, I now solemnly

LEGATION OF THE UNITED STATES OF AMERICA, protest against the inquisitorial proceeding, or trial, insti.

Mexico, December 3, 1836. tuted against them by your predecessor in office, during

Sir: which, I, as consul of the United States, and ex officio their natural guardian and protector, was excluded all com- I am exceedingly gratified to learn that the American seainunication with them, my suffering countrymen, notwith- men have been discharged, and trust you may soon have standing I made three several and distinct applications for an opportunity to send them to Pensacola. liberty to communicate with them, and, if necessary, to With great respect, your most obedient servant, minister to their comfort.

POWHATAN ELLIS. I have the honor to be, with high consideration of per

To M. BURROUGH, Esq. sonal respect, your obedient servant,

United States Consul Vera Cruz.

M.BURROUGH. To Antonio Castro, Esq.,

Mr. Monasterio to Mr. Ellis. the Military Com. General of the Dept. of Vera Cruz.

[Translation.]
PALACE OF THE National GOVERNMENT,

Mexico, December 6, 1836.
Mr. Monasterio to Mr. Ellis.

The undersigned, acting Minister of Foreign Affairs, has [Translation.]

the honor to enclose, herewith, to the honorable Powhatan PALACE OF THE NATIONAL GOVERNMENT,

Ellis, a copy of another communication which he has reMexico, December 2, 1836.

ceived from the Department of War upon the delivery The undersigned, acting Minister of Foreign Affairs, the eight mariners belonging to the sloop of war of that

made to the consul of the United States in Vera Cruz of has the honor to transmit to the Hon. Powhatan Ellis a

vation called the Natchez; and thereupon renews to him copy of a communication from the Department of War, relative to the delivery to the consul of the United States

the assurances of his very distinguished consideration and

esteem. in Vera Cruz, of the seamen of the American sloop of

JOSE MARIA ORTIZ MONASTERIO. war Natchez, who were imprisoned on account of the

To the Hon. PowhatAN ELLIS, quarrel in which they were engaged on the mole of that port.

Chargé d'Affaires of the U. S. of America. The undersigned, while transmitting this document to

Mr. Tornel to Mr. Monasterio. the Hon, Powhatan Ellis, as the result of his note upon this subject, renews to him the assurance of his very dis

[Translation.] tinguished consideration and esteem.

DEPARTMENT OF WAR AND MARINE,
JOSE MARIA ORTIZ MONASTERIO.

Section 3d, Mexico, December 2, 1836. To the Hon. Powhatan Ellis,

Under date of the 26th of November last past, the comChargé d'Affaires of the United States.

mandant general of Vera Cruz addressed me as follows:

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EXCELLENT SIR: Provision having been made by the America, provides that both Governments guaranty their military commandant of this plaza for delivering to the especial protection to the persons and property of the citiconsul of the United States of the North the eight seamen zens of each other, “ leaving open and free to them the tribelonging to a sloop of war of that nation, the Natchez, as bunals of justice for their judicial recousse, on the same your excellency was advised in my official note, No. 718, terms which are usual and customary with the natives or of the 24th instant, the said commandant, under date of citizens of the country in which they may be ; for which the 25th of the saine month, thus reports to me: “In due they may employ, in defence of their rights, such advocates, fulfilment of the decree issued by your excellency, ombrac- solicitors, notaries, agents, and factors, as they may judge ing a summary of instructions about the seamen of the proper, in all their trials at law," &c.; and hence, from the American sloop of war Natchez, accused of having drawn tenor of this paragraph, it is evident that this protection is arms upon the guard of the mole, according to your note limited to a resort to these tribunals, whose access is thus of yesterday, the eight mariners referred to have been de.. rendered easy, and that the laws of the country are made livered over to the consul of their nation in this port, to bear upon them with all due impartiality. By leaving through one of the adjutants of the plaza, as he was by me the parties interested to carry on their own affairs, they can commissioned to do. And I have the honor to announce discuss and arrange the points at issue without the direct the same to your excellency, in reply to your note afore- interposition of their respective Governments, which might, said."

in some cases, affect their interests. On the same prinAnd I remit it to your excellency for your information ciple, all those reclamations which have for their object the and that of the excellent President ad interim, to whom proceeding of officers of the customs in fulfilment of the laws you will be pleased to say that this business is now ter- of finance, for abuses which may have been committed, do minated.

not, in any manner, attach to the Executive of the repubBy order of his excellency, I enclose it to you for your lic, but ought to be examined before the tribunals of the information and such purpose as you may deem fit.

district and circuit and in the supreme court of justice, acGod and liberty.

TORNEL.

cording to the order of proceedings established by law, The acling Minister of Foreign Affairs.

without making them matter of diplomatic discussion, so Copy : Maxico, December 6, 1836.

long as the parties interested are not denied those legal reJOSE MARIA ORTIZ MONASTERIO. sources which are open to Mexicans, but without the one

pretending to rights which the others do not enjoy, inas. Mr. Ellis to Mr. Forsyth.

much as there could not exist two different legislations for

natives and foreigners; and these, all of which they may LEGATION OF THE United STATES OF AMERICA,

claim in virtue of the treaty, are, that the latter may be Mexico, December 22, 1836.

judged by the same laws, and by the same tribunals as the Sir: I have the honor herewith to enclose the balance former. The undersigned is induced to make this obserof the correspondence between the acting Minister of vation, because he discovers that, in general, the reclamaForeign Affairs for the Mexican republic and myself, which tions contained in the note now under consideration, are led to the demand of my passports.

confined to the affairs of individuals whose trial and adjustI am, with great re. pect, your most obedient servant,

ment belong to the judiciary of the republic; he will, therePOWHATAN ELLIS.

fore, leave its application to the several points coming under Hon. Joan Fongyth,

it, and pass to a consideration of them, following the order Secretary of Stule, Washingt m City.

in which they have been placed by the chargé d'affaires of

the United States. Mr. Monasterio to Mr. Ellis.

The first, relative to the proceedings had at Tabasco upon [Translation.]

the cargo of the American schooner Northampton, and the

injuries inflicted on her captain, is entirely unknown to the PALACE OF THE NATIONAL GOVERNMENT, Mexico, November 15, 1836.

Department of Relations; and hence it is, that, because of

the relation made by the honorable Mr. Ellis, the necessary To the Hon. Powhatan Ellis,

information has now been called for, with a view to take Chargé d'Affaires of the U. S. America.

such order on it as the facts may justify. The undersigned, acting Minister of Foreign Affairs, has The complaints of the citizen of the United States of informed the honorable Powhatan Ellis, through his private America, John Baldwin, against the authorities of (ruazanote of the 3d of October last, and his official note of the cualco, form the second subject treated of in the honorable 230 of the same month, that in order to reply to the one P. Ellis's note; and an examination of the documents in from his excellency of the 26th of Septe:nber, in which he the case proves that, whatever may have been the grievansets forth various reclamations on the part of the United ces which Mr. Baldwin has borne, and however arbitrary States of America against the Mexican Government, it was the acts of said authorities, the party interested ought to necessary to collect all the important data ; some of which have sought reparation for them, and punishment of his were to be obtained from different authorities and officers aggressors, before the proper tribunals, whose action was both within and without the capital, because they did not alike open to foreigners and natives. Nevertheless, as he appear in the Department of Relations; but now, with such has placed his cause in the hands of the chargé d'affaires of as are before the undersigned, he hastens to reply to said his nation, who has transmitted it to the department in note, although it may not be, upon all and every point em- charge of the undersigned, the Supreme Government will braced in it, yielding to the urgency of Mr. Ellis, and de- take such part in the same as is proper. What blume can siring to give him a proof that the supreme administration attach to the Government, because, up to this time the suits of the republic is not unmindful of these affairs, and that instituted against Mr. Baldwin have not terminated in the there has not been any the slightest omission on the part respective courts, seeing that it has constantly done every of this departinent, in giving the necessary explanations. thing in its power, which was to write to the authorities

Before entering upon the malter, the undersigned be- urging them to administer prompt and ample justice, by lieves that he ought to establish a preliminary basis for the placing in their true light the acts of which he complained, better understanding of his reply to each one of the charges and punishing those who might prove culpable? This is embraced in the note of the honorable P. Ellis. The 141h all the intervention which the supreme Executive power article of the treaty of amity, commerce, and navigation has in subjects of this nature; and the independence which subsisting between this republic and the United States of has been placed between it and the Judiciary, would draw

VOL. XIV.-A 27

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upon the Executive a heavy responsibility, if it should pro- charged upon the Mexican Government for the death of the ceed in any other manner io administer ihe laws by itself

. captain and pilot of the Topaz. But the undersigned will In the legation now under the charge of the honorable P. carefully examine the documents which he has called for, Ellis, there are many coinmunications which prove that the in order to fix these acts and that relative to the detention Government of the undersigned has fulfilled its duties to- of the schooner in question. wards Mr. Baldwin, as the repeated orders which were As regards the case of the schooner Brazoria, it is evi. given to the Governor of the Staie, now department of Vera dent, from the respective testimony in the case, that be. Cruz, will show that it has never disregarded the obligation cause of the bad condition in which she found herself in imposed upon it of giving due protection to all inhabitants the port of Vera Cruz, in the year 1833, her sale was de of the republic, without, however, trespassing beyond the termined on; but as the commandant of marine for that limits which the laws designate.

department informed the Supreme Government that he had The undersigned cannot refrain from remarking, before not, nor was it in his power to give, official information leaving this point, that the conduct of said Baldwin has not whether or not said vessel belonged to the national squadbeen so circumspect and regular as is stated in his mani- ron, and that he had simply heard it said she was the fusto ; since there have been instituted against him six property of a citizen of the United States, pressed into the criminal causes in the court of Acayucan; and there are service of the colonists of Austin to transport troups from other complaints against his proceedings, according to in- Galveston to Matamoras, and that the owner had abandoned formation lodged by the commissioner of Guazacualco, her with protest for loss and damage, it was ordered by the which will be duly made known to the legation of the Uni- Minister of War that the proceeds of the sale, if it should ted States ; and hence it is, although the Supreme Mexican he effected, as well as recompense for the use which had Government might have had power to interpose more di. been made of the vessel, should be deposited in the treasrectly in these subjects, carried away by a desire to relieve ury of the same Department of Marine, to cover the loss the party interested from his sufferings, the course which and damage which ihe party interested had sustained ; to the respective tribunals took would havo prevented it from which end it was also recommended that a summary invesdoing so; and resting upon these principles, the department tigation should be made as to who was the owner. And repelled the idea advanced by Mr. Anthony Butler, in his hence it is, if he had presented his claim as it sbould have note of the 6th of September, 1833, relative to the case of been, the same would have been liquidated immediately Mr. Baldwin, that it would be treated as a national question after the passage of the decree in his favor by the Supreme between the United States and Mexico; because the case Government-a decree issued without any reclamation, of an individual could not assume such a character, when either official or private, having been made, but prompted it essentially belonged to the judiciary, and the Government solely by the principle of justice which sustained the party had done all within its power a:d authority--much less interested. In virtue whereof, as soon as the documents, when there were data so little favorable to the complainant. legally certified, shall be presented, proving the owner of The light, then, in which the affair in question ought to be said vessel, and all else that is necessary, suitable measures viewed, is, whether the Supreme Government has granted will be taken for such indemnification as may be just. to him, or not, due comfort and protection ; and it being The claim of Mr. Aaron Leggett, a citizen of the United demonstrated, as well by this clear exposition as by docu- States of America, for the loss in Tabasco, during the year ments in the possession of the honorable Mr. Ellis, that it 1832, of his steamboat called “Hidalgo,” has been subhas been the first, the Government stands absolved from all mitted to due examination, and from this investigation it claim that can be brought against it. But to give a new results that, according to contract, and in virtue of the proof of the desire which has always animated it to bring privilege granted to said vessel, it was his duty to transabout a prompt and happy termination of this subject for port, gratis, national troups, whenever required by the Mr. Baldwin, it has addressed an energetic representation public service, notwithstanding which, Leggett was paid to the proper authority, to the end thal if there should be at that time one thousand four hundred and thirty-three yet any cause pending, justice may be awarded to him with dollars and one real for freights ; that when the vessel was due promptitude and impartiality.

stranded she was occupied in the service of her proprietor, The documents existing in the department under the and not in that of the republic; and this accident resulted charge of the undersigned, are not sufficient to form a dis- from the bad condition of the boat, and from the excessive tinct idea of the case relative to the occupation of the Amer- cargo on board ; that neither the capital nor the means ican brig Topaz by the Mexican authorities, to convey troops employed by Legyett could have effected the cutting of from Matamoras 10 Galveston ; and the same have been enough dye-wood to load the eight vessels referred to in therefore applied for at the Department of War, where they his writings, since, according to the declarations of the ought to be ; but from those which are in the possession of contractors for cutting this wood, it was not to have been the undersigned, he adduces that said brig was freighted by delivered until the year following that in which he suffered the commandant of Anahuac to convey the troops aforesaid; the damages complained of; that Leggett having disap. and that on the voyage, the mariners, wishing to possess proved the contract which was concluded by his attorney, themselves of the money which was on board, formed a he could not then reckon upon freight for said vessels ; plan to assassinate the Mexicans who manned the schooner, which annihilation of the contract obliged Messrs. Brown she being wrecked, and they having escaped in the boats. and Gallagher to dispose of their furniture and stock in In fact, after having thrown Captain Ryder into the sca, trade, in order to pay the contractors for the wood; and as and secured the troops in the huld, they proceeded to assas- this was situated forty or fifty leagues in the interior from sinale two officers of this republic, when one of them esca- the coast, it is evident that, even when cut, some four of ping, gave the alarm; the troops broke open the hatches, five months would be necessary to bring it to the point of fell upon the authors of the inutiny, killed the pilot, who embarcation. Nor could he have had a suficient quantity was the ringleader, and secured the others, in order that to load the vessels referred to, inasmuch as it was imposthey might be tried; and although these attempts of the crew sible to obtain the one hundred and fifty thousand quintals were attributed by them to the Mexican soldiery, two cap- of logwood which he mentions, with the small means tains of other vessels of the United States, who arrived where with he was provided. It is also evident that the subsequently at Anahuac, and who believed it to be their value of Leggett's steamboat could not be morc, according duty to investigate the maiter, decided against the mariners, upon hearing their contradictory testimony. If these have according to others, from six to eight, and from four to five

to some, than sixteen or eighteen thousand dollars, and occurred as stated, it is very clear that no blame can be 'thousand dollars; and that said individual being a debtor 10

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the public treasury for imposts due, he was forced to pay before a tribunal and to ask his punishment for an act of pure them, and a valuation of his effects being made by skilful condescension. On landing, the captain of the vessel prepersons, by order of the competent authority, their just es- sented his private manifesto, omitting his general one, wheretimate was set down at the sum of fourteen thousand one hy he became immediately responsible to the law, for which hundred dollars.

fault the judge of the district, considering that the vefsel In virtue of this exposition, the supreme Mexican Gov- should answer for said general manifesto, which ought to ernment conceives itself exonerated from paying to Mr. have been presented in the very act of coming to anchor, Leggett the sums which he claims for losses and damages, agreeably to the requisitions of the law of the 31st of Marchi, sums exaggerated by chimerical calculations, as is also seen 1831, commanded that she should be properly secured until by the same investigation; and hence it is the Government the conclusion of the trial which was about to ensue, and has determined that the party interested must go before the discharged the cargo. For this purpose, and fearing the tribunals, whose access is open to him, should he cven in- escape of the vessel, he removed the sails, depositing them sist upon the matter, which, in its nature, admits of much in store-houses, and placed over them a small guard, which litigation. These provisions, dictated by the Minister of was subsequently augmented; and he caused the vessel to War, have been already made known to Mr. Leggett by be brought nearer to the city, because of the continued the department in charge of the undersigned, and as he threats of her escape, of setting on fire the tar which she has not conformed to them, but has, in place of resorting contained in order to destroy those who guarded her, and to the tribunals, as is the law, for a judgment, repeated his of others sufficiently insolent and insulting. In the mean instances before the Supreme Government, soliciting a new time, the vessel was condemned to the penalty of confiscation, resolution, which, if it can be admitted by the attributes but the captain having appealed from this sentence, and the of the Executive, the undersigned will have the honor to judgment having passed through all its legal forms, the same communicate to the honorable Mr. Ellis as soon as it is was revoked, the vessel being ordered to be restored upon made known to him by the respective department.

security, as was in fact done, and the captain again taking As soon as the Supreme Government received informa- command of her; and when in virtue of this, he could tion of a publication made in New York by the captain of navigate freely, he put to sea without any cargo whatever, the brig Industry, Mr. McKeige, referring to what he had leaving in the possession of the consul of the United States suffered in Tabasco, and complaining of the proceedings of all his sea-papers : and this precipitate and clandestine step the authorities and employees there, it ordered that a legal was occasioned by a dispute about the interests which the investigation of these acts should be instituted, which, captain aforesaid of the vessel in question had with his having been ne, and it being proved that the judge of surety. the district and the commandant of the guard of that cus- It results from this exposition that the Mexican authoritom-house were guilty the heavy charges alleged against ties have not in any manner exceeded their powers, since them, a corresponding suit was ordered to be formed, and the detention of the vessel had its origin in the want of her merited chastisement inflicted. This has been carried general manifesto; but when that was remedied, she was through all the forms prescribed by law, and, for its speedy declared free, and so returned to her captain.. Thus, then, termination, the undersigned has issued suitable directions it does not appear that the reclamation in this case is well to the end that, according to its result, just measures may founded, nor is there any justification, so far as the Mexibe adopted to indemnify Mr. McKeige for the losses and can republic is concerned, for the injurious and highly ofinjuries which were occasioned him by some individuals fensive protest against its officers and employees, which the who, by their mercenary and imprudent conduct, liave captain of the vessel in question noted before the consul of compromited the honor of their nation.

the United States in Campeche, actuated hy the grievances This is, as regards the imprisonment of Captain Mc- referred to which he brought upon himself, and which were Keige, and the sum of money exacted for his own and his acts determined by law. The Government of the undervessel's liberation, and for the detention of the latter, since, signed, therefore, believes that that of the United States of as regards the crew of the same having been obliged to en- America has been misinformed as to these events, and that, gage in a combat which occurred between the Government when advised of what has really occurred, it will disapprove troops and other disaffected persons, it appears that the the conduct of Captain Brittingham, of the brig Ophir, as mariners entered voluntarily into that labor, and were not well because of the inaccurate statements wbich be has transobliged by force, as the said captain of the brig asserts ; mitted to it, as of the protest aforesaid, wherein, with as and it further appears that the grievances which the cap- much injustice as wantonness and audacity, he alleges so tain says he suffered in prision are exaggerated, as well as many charges against the Mexican republic ; and upon that the military commandant of that city took any part in which particular it does not appear that the cabinet at inflicting the wrongs of which he complains.

Washington have taken any steps, or even manifested its With respect to the case of the American brig Paragon, displeasure or its disposition to satisfy in any manner the the Department of War not having communicated to that just complaint of a friendly nation for so injurious a libel, of Relations the result of the apprehension and trial which notwithstanding the same was conveyed to it through the was ordered against the captain, officers, and men of the medium of the chargé d'affaires of the republic. national schooner Tampico, as the chargé d'affaires of the As it does not appear that any reclamation or complaint United States was duly advised, the undersigned has issued has been presented, up to this time, to the National Gova suitable order, that he may be informeil of what has oc- ernment, upon the impressment of the American brig curred up to this time, with a view to communicate the Martha, by the Mexican called the Montezuma, and as the same to the honorable P. Ellis,

first intimation of this subject which the department in The subject of the detention at Campeche of the Aineri- charge of the undersigned has had, is that communicated can brig Ophir, reduces itself to the following: The visits in the note of the honorable P. Ellis of the 26th September of the military inspectors and of health were made, and be- last, no reply can be returned to it with due knowledge of fore the arrival of the custom-house guard, the captain of the facts; and in order to do so, the proper authorities have the vessel demanded, with repeated urgency, that he should been called upon to furnish the corresponding details and be permitted to go on shore ; and this being granted to him, information, which the undersigned will have the honor to he maliciously attributed the measure to the captain of the transmit to your excellency with all promptness. port, supposing it had been done to prejudice him, when In regard to the capture of the American schooner Han!' the truth is, it was granted at his own request, and he car- nah Elizabeth, the undersigned bas recommended to the ried bis impression to such an extreme as to accuse him 'Minister of War the most prompt remission of the sum

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