Mr. Campbell to Mr. Seward
No. 8.]
New Orleans,
December 31, 1866.
Sir: I regard it proper to inform you of the
facts brought to my knowledge of a flagrant wrong lately perpetrated on
an American citizen by the authorities of the Mexican republic. These
should have been imparted sooner, but, in the constant movements to
which this legation has been subject by the embarrassments which have
surrounded it, some of the papers bearing upon the affair were
misplaced.
On the 13th instant, after Lieutenant General Sherman and myself had
returned from Matamoros—we were detained at Brazos Santiago by a storm,
which had driven the Susquehanna and the Paul Jones to sea—a paper was
presented to us asking our interference to prevent a threatened outrage
to the owner of the American schooner Mary Bertrand, that had lately
been wrecked on the Mexican coast near Bagdad. The facts of this case
were subsequently presented to me in a more formal and reliable manner
by the papers herewith enclosed, marked Nos. 1, 2, and 3, to which your
special attention is called.
Not having opened any official communication with the government of
President Juarez, it seemed proper that I should refer the matter to Mr.
Marshall, our consul at Matamoros. Accordingly a telegram was sent to
him by Lieutenant General Sherman and myself, copy of which is enclosed,
marked No. 4.
Receiving reliable information at Brazos Santiago, on the 15th, that the
specie referred to had been actually seized by a military force, and
that General Escobedo, who had represented himself to Lieutenant General
Sherman and myself as the representative of the government of the
republic on that frontier, had refused to interpose his authority for
the protection of the rights of our shipwrecked mariners, I started from
Brazos Santiago for Matamoros on the 16th, and arrived at Brownsville at
11 o’clock that night, with the view of having his attention more
particularly called to the subject. On the following morning, before I
had time to cross the river to Matamoros, I received the note from
General Escobedo, (copy and translation of which were enclosed in my
despatch from this place of the 24th instant,) who had agreed to await
my arrival, informing me he would be obliged to leave at once for
Monterey.
I immediately despatched Mr. Plumb, the secretary of legation, to
Matamoros, for the purpose, if possible, of seeing General Escobedo, and
informally urging upon him the necessity of arranging the affair of the
seized specie before his departure. On the arrival of Mr. Plumb,
however, in Matamoros, at about 11 o’clock a. m., it was learned that
General Escobedo had already left for the interior.
The enclosed papers, stating the case, were immediately brought before
General Berriozabal, who had been left in command, by Mr. Marshall, and
every possible effort used to procure the return of the specie to its
owners, but without
[Page 341]
avail. The
most that could be accomplished was an order from the judge that the
money should be placed in our consul’s hands until the claimant should
procure proof from Tampico that the specie had been properly cleared
from that port, thus subjecting him to great inconvenience and expense,
and depriving him of his rights for an indefinite period, if not to the
entire loss of his property in the present revolutionary and turbulent
condition of affairs at that point.
The sudden departure of General Escobedo, (when it was known to him I had
just arrived,) in connection with the seizure of this specie, seemed to
me somewhat mysterious, if not positively suspicious. This impression
was strengthened by the fact that General Escobedo had agreed to wait,
with his escort, for me, and had been fully apprised by both Lieutenant
General Sherman and myself of the friendly disposition of our
government.
Having then established no official relations with the government, I
could not further interpose with regard to this affair; but it occurs to
me, in view of the many complaints that are made by American citizens in
that quarter, and especially in view of the alleged wrongs inflicted by
the liberal authorities, as represented by Mr. Ulrich, the consul at
Monterey, and others of that city, which were made the subject-matter of
your dispatch No. 2, of October 2d last, that I should call your special
attention to this case.
In presenting these facts to you, permit me respectfully to make the
suggestion, that, from all I could learn, there is little disposition to
respect our flag or the rights of our citizens in that region of
Mexico.
Such acts seem to me to be flagrant aggressions upon the principles of
international integrity and good will, if not positive violations of
solemn treaty stipulations. At least they form some of the reasons why I
do not feel disposed, until otherwise postively instructed by the
department, to appear to obtrude hastily our “good offices” on that
government, until its residence shall have been definitively
established, and its authorities show, practically, some power and a
greater disposition to enforce justice and to respect
our flag.
I am, sir, very respectfully, your most obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. McGaffey to Mr. Campbell
Brownsville, Texas,
December 17, 1866.
Sir: The undersigned, a citizen of the
United States, has the honor to address your excellency in regard to
a seizure of his property by the authorities of the republic of
Mexico, under circumstances which the undersigned cannot but
consider as illegal and arbitrary. The facts are as follows:
The undersigned, owner of the American schooner Mary Bertrand,
cleared at the port of Tampico, Mexico, for Brazos Santiago, Texas,
and set sail on the 3d instant under the customary sea-papers,
having on board $20,000 in silver, the property of the undersigned
and others. The export permit for the silver on board was taken up
by the proper officer, at the mouth of the Tamesi river, so that
this paper did not remain on board.
It is proper to state that the $20,000 referred to were the proceeds
of a lot of arms and ammunition sold by the undersigned to the
republican Mexican authorities of Tampico, and that it was a
condition of the sale, made to them by the undersigned, that the
purchase money should be allowed to leave the country under a free
permit and exempt from duties.
This condition was fulfilled by the authorities at Tampico, and the
money was placed on board the Mary Bertrand by the Mexican customs
officers of that port, with the necessary papers.
Afterwards, on the 9th day of this month, the Mary Bertrand was
wrecked in a storm, and cast upon the Mexican coast, a few miles
below the mouth of the Rio Grande. The specie on board was taken
ashore and hauled by the undersigned, as part of the wreck, and for
greater safety, to Bagdad, at the mouth of the Rio Grande.
While there, a party of Mexican soldiers, forming part of General
Escolaedo’s command,
[Page 342]
attempted to take possession of the specie, whereupon the
undersigned placed over it, for protection, a flag of the United
States, and warned the officer commanding the soldiery that he
should respect that safeguard and leave the money undisturbed.
Notwithstanding this, the specie in question was, on Monday
afternoon, December 10, seized by the said officer, and afterwards,
on the 12th instant, the same was transmitted by him to Matamoros,
where the customs authorities of that city now hold it.
The undersigned has been unable to obtain any redress for the injury
done to him by such illegal seizure, nor can he secure the
possession of the specie to which he is entitled, and the
undersigned fears that unless some action is taken in the premises
by your excellency he will meet with a total loss of this money.
Therefore the undersigned earnestly appeals to your excellency for
the protection to which he believes himself entitled, and
respectfully requests your interposition to prevent a great wrong
from being inflicted on citizens of the United States who are
interested herein.
I am your excellency’s most obedient servant,
His Excellency Lewis D. Campbell,
Minister Plenipotentiary and Envoy
Extraordinary of the United States to the Republic of
Mexico.
The foregoing affidavit sworn to and
subscribed before me this 19th day of December, A. D.
1866.
Witness my hand and the seal of the
district court in and for Cameron county, State of
Texas, being of the 12th judicial district of
the same.
[seal.]
S. POWERS, Judge of the
12th Judicial District of Texas.
[Untitled]
State of Texas,
county of Cameron:
Personally appeared before me, the undersigned authority, J. W.
Tompkins, to me known, who being duly sworn, upon his oath doth
declare and say that he is master of the American schooner Mary
Bertrand, now totally a wreck on the coast of Mexico, a few miles
below the mouth of the Rio Grande; that she sailed from the port of
Tampico, Mexico, on the 3d day of December, A. D. 1866, for the port
of Brazos Santiago, in the county and State aforesaid; that he
obtained from the customs officers at Tampico the usual clearance
papers; that there was, at the time of sailing from said port,
twenty thousand silver dollars, in nine wooden boxes, the property
of A. A. McGaffey and others—the same specie having been laden and
put on board the said schooner by the Mexican customs authorities of
said port; that the said authorities furnished affiant with the
proper permit for the exportation of said specie, which was taken at
the mouth of the Tamesi river by the proper officer, as is usual at
said port; that subsequently, to wit, on the 9th day of December, A.
D. 1866, the said schooner Mary Bertrand was wrecked and cast away
on the Mexican coast aforesaid, and the said specie was removed from
on board and taken ashore, the schooner herself being a total
wreck.
Sworn and subscribed before me this 17th day of
December, 1866, at my office in Brownsville, Cameron county,
Texas.
[seal.]
EDWARD DOUGHERTY, Notary Public, Cameron county, Texas.
[Untitled]
State of Texas,
county of Cameron:
Personally appeared before me, the undersigned authority, Charles D.
Stocking, to me known, who being duly sworn by me, upon his oath did
declare and say that he is an American citizen; that on the 3d day
of December, A. D. 1866, he left Tampico, in the republic of Mexico,
for the port of Brazos Santiago, in county and State aforesaid, on
board the American schooner Mary Bertrand, J. B. Tompkins, master;
that previous to sailing the vessel was regularly cleared at the
custom-house of the port of Tampico, and that the officers of the
said custom-house did load and put on board the said Mary Bertrand
twenty thousand dollars, contained in nine wooden boxes covered with
grass matting; that the said loading and putting on board of said
specie by the said Mexican authorities was open and public and in
view of the bystanders then and there being; that the affiant knows
that the said specie, thus being put on board the Mary Bertrand by
the Mexican customs authorities of Tampico, was in payment of a lot
of arms sold to the Mexican government by A. A. McGaffey, a citizen
of the United States; that subsequently, to wit, on the 9th day of
December, 1866, the said schooner Mary Bertrand was wrecked in a
storm and cast upon the coast
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of Mexico a few miles below the mouth of the
Rio Grande, and the said twenty thousand dollars were removed from
onboard to the shore. Afterwards the same were taken to Bagdad, as
part of the wreck, for safety. Affiant further declares that the
Mexican authorities have seized the said specie and have now
possession thereof.
Sworn and subscribed before me at my
office in the city of Brownsville, on
the 17th day of
December, A. D. 1866.
[seal.]
EDWARD DOUGHERTY, Notary Public, Cameron county, Texas.
[Telegram.]
Brazos Santiago,
December 13, 1866.
Sir: Representations have just been made to
us that nine cases of silver, said to contain $18,000, the property
of an American citizen, regularly cleared from Tampico for this
port, and wrecked near Bagdad, and there placed by the owner in the
safe-keeping of the agent of King, Kennedy & Co., are sought to
be taken possession of from the owner and his agents by the
collector of Bagdad, supported by an armed force, claiming to act
under authority. It is stated that forcible possession of the same
would be taken last night, notwithstanding the protest of the owner
and his agents.
You will please call the immediate attention of General Escobedo to
this matter, that the proper orders may be given, if the facts are
as above represented.
Respectfully, your obedient servants,
LEWIS D. CAMPBELL.
W. T. SHERMAN, Lieutenant General U, S.
A.
The United States Consul,
Matamoras.
