Mr. Plumb to Mr.
Seward.
No. 167.]
Legation of the United States,
City of Mexico,
August 4, 1868.
Sir: With reference to the case of the seizure
by the custom-house authorities at Matamoras of an amount of gold coin
belonging to Dr. W. L. Huchinson, a citizen of the United States,
regarding which I am instructed in your dispatch No. 76, of the 15th
ultimo, to make an investigation, and report to the department, I beg to
state, that on the 12th ultimo I received from the consul at Matamoras a
letter under date of the 27th of June, of which copy is inclosed
herewith, to which I replied as per copy I beg also to inclose, and that
I have addressed to that officer to-day a note of inquiry requesting the
transmission to me of such evidence as can be furnished.
I have also noticed in the Diario Oficial of this government the
reference to the case that will be seen in the articles and translations
likewise inclosed herewith. In the latter appears what purports to be
the protest made by the consul at Matamoras against the seizure of the
money in question, and request for its return, and a copy of the reply
of the collector at Matamoras.
I beg to call the special attention of the department to the temper and
character of this reply to what appears to have been a moderate and
proper protest, made by the consul of the United States in the line of
his duty.
No further data is attainable by me here, and I have therefore to wait
the reply of the consul to the inquiries I have addressed to him
to-day.
The facts, so far as they are within my knowledge, regarding the
regulations for the carrying of money from point to point within this
country, are as follows:
In the interior of the republic no restriction is placed upon the right
of such conveyance, and no pass is necessary.
A case, as I am informed, has lately been decided where merchants in
Durango sent two hundred thousand dollars from that place to Monterey;
on arriving at the gates of Monterey it was stopped, and a pass or
permit demanded by the customs officials.
Not having such document, the money was seized on the charge that it was
destined for the frontier for fraudulent exportation, there being n
export duty on coined gold and silver. Bonds having been given, the
money was released, and the case, which has been under trial for some
years, has been decided in favor of the merchants, on the ground that in
conveying money from one point to another, in the interior, no permit or
license is necessary.
But on the coast or frontier, or going to the same, the local customhouse
regulations, if not national law, appear to establish a different rule,
and to there require that in carrying money above the sum necessary for
immediate personal expenditures, a pass, or custom-house “guia,” as it
is termed, to show the legality of its destination, and to prevent
clandestine exportation, shall be obtained.
I am not aware that there is any other country on the face of the globe,
except, perhaps, one or two of the Spanish American States, that seeks a
revenue by placing an export duty on money, or, as has been the case in
this country, until the passage by the national congress of the law of
estimate of federal receipts of the 27th of May last, a translation of
which was transmitted to the department with my dispatch, No.
[Page 561]
161, of the 17th ultimo, that
has charged a duty upon the circulation of money.
These laws, especially the export duty on coined silver, which is now
eight per cent., and on coined gold, one and one-half per cent., are the
constant source of difficulties with this country, as in the recent case
of the commander of the English man-of-war at Mazatlan, the affair of
the steamer Danube at Vera Cruz, that of an American vessel wrecked near
Matamoras, in December, 1866, and now in the present instance, and are
not less unwise and injurious for Mexico, under all sound theories of
finance and commerce, than they are vexatious to all engaging in
business transactions here, and especially to foreigners temporarily
sojourning in this country, or who may have occasion to convey funds
from one point to another, along the coast or frontier, where facilities
of exchange or remittance by commercial drafts do not exist.
If a custom-house permit is taken out, it is a notice which is almost the
certain occasion of the person so carrying money being robbed.
If it is not taken out, the customs officials assume that the intention
was to defraud the revenue by a fraudulent export, and seize and
confiscate the sum carried, one-third of the amount so seized accruing
to the benefit of the person furnishing information leading to the
seizure.
In the case of Dr. Huchinson, under consideration, it appears probable
from the statement of the consul at Matamoras, that in proceeding, as
stated, from Matamoras to Tuxpan, he either was afraid to take out a
permit for the above reasons, perhaps traveling alone, or was unaware
that such license was necessary. If his journey was bona fide as is asserted, his case is one of great hardship,
and of no legitimate utility to Mexico, if there is any desire in this
country to encourage foreign immigration.
On this ground, even if the local regulations at Matamoras require a
permit, and Dr. Huchinson had none, it would seem only the part of good
comity for the government of Mexico to order the restitution of the
money.
As to the right of the consuls of the United States to intervene for the
protection of the interests of American citizens in such cases, and to
protest when it may be necessary, which is denied in the very offensive
communication from the collector at Matamoras to the consul of the
United States at that port, a copy of which, as published in the
official paper of the supreme government of this republic, I have
inclosed herewith, I do not doubt the department will make such
assertion in the present instance as may be necessary.
Awaiting your further instructions, I have the honor to be, very,
respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Scott to Mr. Plumb.
United States Consulste,
Matamoras, Mexico,
June 27, 1863.
Sir: I have the honor to state to you on or
about the 27th day of May last I sent a dispatch directed to you
containing a statement of the seizure and illegal detention of one
hundred (100) ounces of gold belonging to Dr. W. L. Huchmson, an
American citizen, whose residence is in Tuxpan, Mexico. As I have as
yet received no dispatch acknowledging
[Page 562]
the receipt of the same, I am apprehensive
that it has not been permitted to reach you, and I see very erroneous statements in the newspapers in
regard to the same.
I have sent a statement of the case to the Two Republics for
publication; you will please give the case your consideration in
justice to an American citizen, and in case my dispatch of the 27th
of May has not come to hand, you can get in substance the statement
of the case in the Two Republics, if they publish my letter of
to-day. It is well known here by disinterested parties that Dr.
Huchinson did not attempt to evade the law, and he also made it
known to his friends, some time previously to his starting for
Tuxpan, that this money was to purchase land in the Tuxpan Colony
and as he is a poor man, the robbery completely stops all his
business.
I am, sir, very respectfully, your obedient servant,
T. W. SCOTT, United States
Consul.
Hon. E. L. Plumb, United States Minister, Mexico.
[From the Two Republics,
Mexico, Wednesday, July 15,
1868.]
“JUSTICE TO ALL.”
We insert the communication of Mr. Thomas W. Scott, United States
consul at Matamoras, with the double view of gratifying a worthy
gentleman, and as an act of “justice to all,” including the
indefatigable and efficient American consul at the port stated:
“United States Consulate, “Heroic Matamoras, June 27, 1868.
“Editor of the Two Republics:
“Sir: I see in your paper of June 10th an
article headed justice to all, in which you say ‘Dr. Huchinson
attempted to introduce a hundred ounces in gold into Mexico without
paying the duty. For that violation the funds were seized and held
subject to the courts. At once the American consul protested against
enforcing the law, and demanded the return of the money.’ As you
must have been erroneously informed, you will please allow me to
correct the statement through your columns.
“In the first place the statement is incorrect, where you say Mr.
‘Huchinson attempted to introduce a hundred ounces without paying
the duty.’ He was only attempting to carry his money from Matamoras
to Tuxpan, Mexico, (his place of residence) and was not aware that
it was necessary for him to get a special permit to carry his money
from one town to another in Mexico, and so soon as he was informed
that it was necessary, he manifested a willingness to comply with
the law. The Mexican officials did not claim at that time there were
duties to be paid on the money, but he had failed to get a permit,
which would have cost him twenty-five cents, and for this the money
was seized, and is still held by the Mexican officials. In the
second place your statement is incorrect when you say that the
American consul at once protested against enforcing the law against
an American sovereign. The protest was not made for several days
after the seizure of said money, hoping that the matter would be
settled after an investigation, and the money returned, as it was
only a simple act of justice that it should be. As the Mexican
officials failed to account for all the money taken, and proposed to
compromise with Dr. Huchinson by giving $250 of his own money,
providing he would sign a receipt drawn up by themselves,
relinquishing all his right to the $1,600, and obligate himself to
take no further action in the case, I, having the blank receipt
referred to on my desk at the time, I protested against their
proceedings, a copy of which can be seen in the consulate when
called for, which was sufficient evidence to me that they had not
proceeded strictly according to law. They had a legal right to all
of said money, or had no right to any of it. The heading of your
article referred to is good, but in order to be ‘just to all,’ we
must be correctly informed.
“I am, sir, respectfully, your obedient servant,
“THOMAS W. SCOTT, “United States
Consul.”
By the above it will be seen that the $1,600 seized by the
custom-house officer at Matamoras was not attempted to be introduced
into Mexico, without paying duty, as was stated in our paper of the
10th ultimo. Dr. Huchinson was only carrying his money from
Matamoras to Tuxpan, Mexico, his place of residence, without knowing
that a special permit was required to carry money from one town to
another in Mexico. It must be a source of great annoyance and
mortification to the government to be called upon so frequently to
correct the conduct of the insatiable sharks of the
custom-house.
The custom-house department of the government is the only one where
the subordinates seem to be endeavoring to enforce the law. In every
other department of the
[Page 563]
government there is a lamentable laxity of duty. But in the
custom-house there is a zeal which, carries its employés “over to
the other side” of justice. Why this great difference in the
different departments? The question is answered that money is the
motive power, and corruption is the means employed. We are
constantly in receipt of intelligence of these corrupt practices in
the custom-houses. Not on the Rio Grande only, nor on the Pacific
coast; but elsewhere and nearer to the fountain source of law and
justice. The case at Matamoras is a clear one of corruption. The
officials offer to restore $250 out of the $1,600, if Dr. Huchinson
will obligate himself to hush up the matter. The act of retaining
the $1,350 appears to be dishonest from the fact that the officials
required “that no further action should be taken in the case.” The
dishonesty of the act appears only to be exceeded in the unblushing
shamelessness of the perpetrators. They have no shame and care
nothing for the exposure; but only demanded that they should not be
prosecuted. The consul took the right ground when he assured that
the officials “had a right to all of said money, or had no right to
any of it:” and that they had not proceeded strictly according to
law.
Mr. Plumb to Mr. Scott.
Legation of the United
States, City of
Mexico,
July 13, 1868.
Sir: I have to acknowledge the receipt on
the 23d ultimo of your communications of the 3d, 7th, and 11th of
June, and on the 30th ultimo of that of the 17th of June, together
with the documents accompanying them, respectively, all relating to
the claim of J. B. de Gruy and Rosa Baca de Gruy. I have also to
acknowledge the receipt on the 12th instant of your letter of the
27th ultimo, relating to the case of Dr. W. L. Huchinson. No
previous communication from you upon that subject has reached me.
All of your communications have received my attention. In addition I
wonld suggest that, if you have not already done so, it would be
advisable for you to send a clear and full statement of each of
these cases, with the respective documents, as of such other cases
as may arise, direct to the Department of State at Washington. Such
special instructions may then be sent to me as the circumstances may
require.
I am, very respectfully, your obedient servant,
Thomas W. Scott, Esq., United states Consul, Matamoras.
Mr. Plumb to Mr. Scott.
Legation of the United
States, City of
Mexico,
August 4, 1868.
Sir: Instructions have been sent to me from
the Department of State at Washington relating to the case reported
by you to the department on the 29th of June, and referred to in
your communication to me of the 27th of that month, of the seizure
by the custom-house authorities at Matamoras of an amount of gold
coin belonging to Dr. W. L. Huchinson, a citizen of the United
States. I have therefore to request you to forward to me such
evidence as can be furnished in the case and particularly upon the
following points, viz:
1. As to where Dr. Huchinson was proceeding when the money in
question was seized; and as to his intention of using the same in
the country or of exporting it.
2. As to the regulations in force at Matamoras regarding the carrying
of money from that place to any other point within the republic,
along the coast or to the interior, whether any pass or permit is
required.
3. As to whether Dr. Huchinson had such pass or permit.
4. As to the nature and amount of the penalty for carrying money
without such permit.
I would further suggest that a copy of such, evidence be also
forwarded direct to the Department of State, if not already
transmitted in accordance with the suggestion in my letter to you of
the 13th ultimo.
I am, very respectfully, your obedient servant,
Thomas W. Scott, Esq., United States Consul, Matamoras.
[Page 564]
[From the Diario Oficial, City of
Mexico, June 10,
1868.—Translation.]
Tamaulipas.
An American, Dr. Huchinson, tried to smuggle out from Matamoras to
Brownsville a hundred ounces (pieces of sixteen dollars) of gold;
the inspector discovered the fraud and the ounces were
confiscated.
It appears that the American consul protested and asked from the
custom-house authorities the return of the money. The Observador
says that the protest is inopportune and unfounded, and recommends
energetic proceedings.
The papers of Brownsville have raised a great cry about this affair,
and pretend that the American government will intervene.
[From the Diario Oficial, City of
Mexico, June 14,
1868.—Translation.]
Tamaulipas.
The Observador of Matamoras published the two following documents
relative to the ounces of an American, of which our readers have
already heard:
Consulate of the United States,
Heroic Matamoras, Mexico,
May 21, 1868.
My Dear Sir: I have the honor to protest
against the seizure and detention of one hundred ounces of Mexican
gold, or $1,600, belonging to Dr. W. L. Huchinson, a citizen of the
United States, and I respectfully request that you will be pleased
immediately to return the said sum to that gentleman.
I am, sir, very respectfully, your obedient servant,
THOMAS W. SCOTT.
United States
Consul.
Señor D. Pedro A.
Galvan,
Collector of the Maritime Custom-house of Matamoras,
Mexico.
Maritime and frontier custom-house of Matamoras.
I received yesterday the communication which, under date of the 21st
instant, you addressed to me. In it you protest against the seizure
and detention of one hundred ounces of Mexican gold belonging to Mr.
W. L. Huchinson. You ask also that the said sum shall be immediately
delivered to that gentleman. In your communication you have fallen
into a slight error. There were not one hundred ounces seized, but
ninety-nine. Mr. Huchinson kept in his pocket the ounce that is
lacking to complete the one hundred, according to official
information that I have received. The seizure of this sum was made
on the 16th instant at the gate of Puertas Verdes, which is the
outlet from this city for Boca del Rio, (the mouth of the
river.)
Mr. Huchinson did not exhibit the documents with which he should have
accredited the legality of the carrying of the money; it was
therefore seized, and judicial proceedings have to be followed, to
investigate whether the money was carried or not with the requisites
prescribed by the laws, and consequently whether or not the penalty
of confiscation has to be imposed. This is sufficient to show to you
that I cannot take into consideration your request that the money
seized should be returned, and that the judicial proceedings cannot
be interrupted on account of said request.
With reference to your protest it can neither be taken into
consideration by me, because the office under my charge does not
admit steps of that character. I have a superior to whom I give
account of my conduct; that superior is the Mexican government, to
whom you can address your protests by means of your minister in
Mexico.
The law which determines the nature and extent of the faculties which
belong to foreign consuls in the republic is that of the 26th
November, 1859. I invite you to fix your attention upon it. I also
call your attention to our fiscal laws and the requisites exacted
for the conveyance of treasure, and to what is provided for cases
such as the present. All these laws will very clearly indicate
whether the position taken by you in this affair is that which its
nature requires.
With this motive I protest to you my attentive consideration.
Independence and liberty! Heroic
Matamoras, May 23, 1868.
PEDRO A. GALVAN.
