Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III
Mr. Seward to Mr. Dayton
Sir: I enclose a copy of a despatch of the 31st ultimo, from Mr. M. D. L. Lane, the United States consul at Vera Cruz, and of the protest of José Wallace Smith referred to therein, containing a narrative of the treatment of which he alleges himself and others to have been the victims at the hands of the French authorities at Minatitlan. The case, as set forth, seems one of such excessive cruelty, that, without waiting further details, I have to request you to ask for an examination into the facts, and, if they are truly stated, to claim indemnity.
I am, sir, your obedient servant,
William L. Dayton Esq, &c., &c., &c.
[Untitled]
Sir: I have the honor Herewith to forward the protest of José W. Smith, a citizen of the United States, taken prisoner at Minatitlan, by French authorities, and sent to this place.
Mr. Smith leaves here for the States, per English steamer, to-morrow.
I have the honor to be, with great respect, your obedient servant,
Hon. William H. Seward Secretary of State, Washington, D. C.
[Protest.]
By this public instrument of attestation, declaration and protest, be it known and made manifest to all whom it may concern, that on this 17th day of December, A. D. 1863, before me, M. D. L. Lane, consul of the United States of America for the port of Vera Cruz, and the dependencies thereof, personally appeared José Wallace Smith, who being by me duly sworn according to law, did depose and say as follows:
When the French steamer under command of Commandant Conrad arrived at Minatitlan in February last, I was residing in that town and doing business there as a merchant. I was also regidor of the municipal body, enabled by a decree of the Mexican government to hold that position without infringement of my neutrality. The Mexican authorities, and most of the native inhabitants of the town, fled at the approach of the French, and I was left as the only neutral in office to represent the interests of the town, and if called upon, to deliver it over to the invading force. In this position I was recognized by Commandant Conrad, who, when I offered to resign my office, expressly desired me to retain it. The French did not occupy Minatitlan, but anchored their steamers at the mouth of the river, and for about two months I continued to act by request of the French, as temporarily in charge of the town, and was recognized as such by both parties, and used as a means of communicating with each other.
Some time in May, in consequence of a want of confidence manifested in me by the Mexican authorities, arising from my connexion with Commandant Conrad, I resigned my position—a Captain Sanchez of the Mexican army being appointed as military commandant. From that moment my connexion with the liberal parties, innocent as it was, completely and entirely ceased. In July a French force took possession of the town, and with it came, as French political agent and collector of customs, one of “Walker’s filibusters”—a man unfavorably known to the inhabitants, by name Bruno Van Natzmer, who indirectly assumed and concentrated in himself all civil authority, and to a great extent the military also. This was easily accomplished with the former, on account of their ignorance and timidity, and it was yielded to him by the latter, on account of what they supposed to be his local knowledge and the soundness of his intentions; and immediately a system of persecution and personal vengeance was inaugurated such as people never thought to witness in this nineteenth century.
About the beginning of September, while at the American consulate on business, I was grossly insulted and threatened by one John Hume, a resident of the town. Among other things, he said he had me completely in his power; [Page 26] that he could count upon the influence and assistance of the principal authorities to carry out his threats, which were by any and every means to have me sent away from Minatitlan or shot, and if the authorities failed him, he would visit the latter fate upon me himself. At this time Natzmer was living at Hume’s house, and on the most intimate terms with him, and there is every reason to believe they were conniving together against me, as will be proved by what took place afterwards.
A few days after the attack upon me at the consulate, Hume came to my house, and after repeating his insults and threats, struck me three times. I did not retaliate until he struck me the third time, and then I knocked, him down; as he was rising he drew a revolver, four barrels of which were loaded, cocked and snapped it at me, whereupon I again knocked him down; the same thing was three times repeated. Some people now came up and put an end to the struggle, and the police arriving conducted us both to jail, where I was placed in close confinement, and Hume in a few minutes released by order of Natzmer, addressing him through the judge.
Natzmer then informed the judge that it was the order of the commandant that an official communication should be drawn up, and addressed to the commandant, stating that Hume had gone to my house in a state of drunkenness, and I availed myself of the fact to endeavor to assassinate him. The judge refused to make such a statement, unless it was first substantiated as the result of an examination, conducted in conformity to law; and, notwithstanding Natzmer threatened to send him to Martinique, the judge, fortunately for me, was not intimidated. The case was fairly examined and I was released, and the sentence that would have been otherwise passed on Hume was only withheld through fear of Natzmer; thus the case remains on the archives, if they are not destroyed or tampered with—with the exception of what I state as having passed between Natzmer and the judge, which took place before witnesses who will readily bear evidence, when they dare speak without fear of Natzmer’s vengeance. His intentions towards me were thoroughly exposed, when he told the judge the next day, if he had done as he told him, by that time I should have been dispatched.
On the 18th Lieutenant Rollin came to my house with two armed soldiers, he ordered me to put on my hat and follow him, and I was conducted to the public jail, where I found Nicholas Lopes, Abino Garcia, Luis Carimon. We were kept some four days incommunicado. On the evening of the fourth day the guard received an order from Lieutenant Rollin to take me out and shoot me at the sound of the morning bugle. I only knew the fate that was intended for me from the conversation of the guard, which I could not help overhearing, from their vicinity and the slight construction of the jail, which consisted of only one room. About fifteen minutes before the time appointed for my execution I heard that the order was suspended, but frequently during the next day I was led to believe, from the talk of the guard, that I had but a few hours to live.
On the afternoon of the fifth day we were marched off by a force under command of Lieutenant Rollin, and conducted to the river bank, where Natzmer was waiting with another force to receive us. We were placed by Natzmer on board the schooner Clara, put in the hold, our hands tied behind us, and our legs attached with iron rings to an iron bar of about five feet in length. To this bar five of us were chained. The hatches were then nailed down, and every aperture closed, except a hole about sixteen inches square, which had been sawed out of one of the hatches for the purpose of letting down provisions to us. From the extreme pain caused by the tightness of the bands and the constrained position of the arms, and all other physical and mental horrors of our frightful situation, I rapidly became delirious, and remained in that state eight or ten days. Under the influence of the delirium I used sometimes to [Page 27] cry out of a night, when the corporal of the guard would come down and stamp upon me, and beat me in a manner that has left marks upon my body that I will carry to my grave. This was an occurrence of every night during my delirium. The necessities of nature had to be relieved as we lay, and the filth was sometimes left to accumulate for days; we had no mosquito bars; our food was eaten amidst an amount of filth and stench and pestilent atmosphere that must be experienced to conceive. The bands on our arms remained sometimes day and night; the effect on me has been to deprive me for life of the use of my left arm, and the right is seriously injured. In this state we remained thirty days—all except Albino Garcia, the previous collector of customs, about sixty-five years of age, who on the twenty-ninth day died from fever, superinduced by the horrors of our situation. The body, which was in a most filthy state, was allowed to remain from 8 a.m. to 5 p m., still chained to the bar, and the hands still tied behind, and then it was drawn up by a rope passed under the arms like a sack of corn. During these dreadful thirty days Natzmer frequently came on board the vessel to see that his orders for our treatment were carried out, and it is to be presumed they were, for he gave no order for its alteration. On the 18th of November Natzmer came on board the schooner, and we were taken from the hold and delivered by him to the commander of the war steamer Fleche. I was in a wretched state of health—reduced in less than forty days from a strong, stout man to the merest shadow; and as I dictate this, unable to write myself, after nearly a month’s rest, I am still the mere wreck of what I was before, and my constitution has received a shock that time can never cure.
On the Fleche we were again placed in irons, and forced to keep a sitting posture under deck for about sixty hours, until we arrived at Vera Cruz, during which time we were denied all nourishment excepting musty biscuit and water.
From the day of my arrest to my arrival in Vera Cruz I was in utter ignorance of the nature of the accusations, if there were any, preferred against me, or upon what grounds I had been cruelly treated. On the 26th of November I was placed in custody of the United States consul at Vera Cruz, he becoming responsible for my appearance when called for, where I remained till December 14, when I was summoned before a court-martial, examined, and discharged. On the 17th I was notified, by the commandant superior at Vera Cruz, that I was at liberty to go to the United States. Wherefore the said appearer, in his own name, hath declared to protest, as by these presents I, the said consul, at his special instance and request, do publicly and solemnly protest against the said Natzmer, as French agent and collector of the port of Minatitlan, against the French government, against the French commander of the French forces, on land and water, at Minatitlan and Vera Cruz, ruling in the name of France, against all and every person and persons, against all authorities and things, that have in any way occasioned or permitted my arrest, imprisonment, and cruel treatment, holding each and all of them, and every matter, cause, or things concerned, liable and responsible for all costs, losses, damages, charges, and expenses already suffered, or that may be hereafter suffered, in my health or property, in any manner, shape, or form, on account of my said arrest and imprisonment and cruel treatment.
This done and protested at Vera Cruz the day and year first above written. In testimony whereof the said José W. Smith has hereunto subscribed his name, and I, the said consul, have affixed my hand and seal of office.
JOSÉ W. SMITH.
[l. s.]
[Untitled]
I, the undersigned, consul of the United States of America for, the port of Vera Cruz and the dependencies thereof, hereby certify that the foregoing is a true copy of the original protest entered of record in this consulate.
Given under my hand and the seal of said consulate the day and year above written.
[l. s.]