Mr. Clayton to Mr.
Hay.
American Embassy,
Mexico, September 20,
1904.
No. 2443.]Sir: Referring to my dispatch No. 2389, of
August 18 last, relative to the case of Messrs. H. C. Harding and H. E.
Dugat, accused of an infraction of the fiscal laws of Mexico, I now have
the honor to transmit herewith a copy of additional correspondence
relating to the case.
I especially invite the attention of the Department to Mr. Mariscal’s
note, of the 12th instant, and its inclosure, from which it will be seen
that in lieu of assessing the penalty of forfeiture of the goods and the
vehicle on which they were carried, and the mules and harness, the
penalty fixed requires the payment of triple duties, besides the proper
single tax upon the six packages of merchandise in question, upon the
payment of which the bond given will be canceled.
Doubtless this action of the treasury department will soon bring to an
end the judicial proceedings in the case. However, I have deemed it
advisable to-day to address a note to Mr. Mariscal, calling his
attention to the fact that the purpose of my note of the 4th of August
last was for the expedition of the judicial proceedings in the case.
I have, etc.,
[Inclosure 1.]
Mr. Clayton to
Mr. Mariscal.
American Embassy,
Mexico, August 24,
1904.
Mr. Minister: Referring to my note of the
13th instant relative to the case of H. C. Harding and H. E. Dugat,
I have the honor to transmit herewith, for the information of your
excellency, an extract from a letter, under date of the 19th
instant, which I have just received from the American consul at
Matamoros. The consul’s allusion to the fact that the guard,
Arguelles, is a nephew of the governor has no weight in the matter,
according to my opinion, as I do not believe that the governor would
be influenced by that fact in the performance of any of his official
duties.
I hope that your excellency may soon be able to inform me that the
case against these American citizens has been judicially determined,
or dismissed.
I have, etc.,
[Subinclosure.]
Mr. Griffith to
Mr. Clayton.
[Extracts.]
American Consulate,
Matamoros, August 19,
1904.
I have evidence in other cases where parties proceeding beyond the
city limits had forgotten to procure a permit were not apprehended,
but were told to return and secure one, for which, according to the
Mexican law, they were charged double price, or 50 cents Mexican
money. Mr. Harding was not so informed by the guard on duty on that
day, whose name is Arguelles, and who is a nephew of the governor,
but was immediately taken back to the custom-house, his provisions,
wagon, and mules seized and himself and companion detained in this
city for several weeks, on account of which he was enabled to plant
only about one-half the acreage of rice which he had originally
intended. One of his
[Page 467]
mules, which was held here during this time, died. He has lost his
credit at the banks, and told me the other day he did not know how
or where he could borrow enough money to finish harvesting his crop.
He is still under a $300 bond, and until his bondsmen are released
he can not visit his children, who live near Houston, one of whom is
sick.
* * * * * * *
I am, etc.,
[Inclosure
2.—Translation.]
Mr. Mariscal to
Mr. Clayton.
Department of Foreign Affairs,
Mexico, September 12, 1904.
Mr. Ambassador: Referring to your
excellency’s note, dated August 4 last, relative to the case of
Messrs. H. C. Harding and H. E. Dugat, charged with infraction of
the general customs regulations, I have the honor to inclose
herewith a copy of a communication addressed to me by the secretary
of the treasury, informing me that the matter has been closed with
respect to the administrative authority, and that so far as it
concerns the judicial power, the district court which took
cognizance of the matter should pronounce the proper decision.
I renew, etc.,
[Subinclosure.—Translation.]
Secretary of the
Treasury to the Secretary of
Foreign Affairs.
Department of the Treasury and Public Credit, First
Section,
Mexico, September 8,
1904.
Referring to your courteous note, No. 165, of August 6, last, I have
the honor to say to you: That in view of the record made by the
custom-house at Matamoros in the case against Messrs. H. C. Harding
and H. E. Dugat, on account of their having infringed the general
customs regulations, the President of the Republic was pleased to
approve in every respect the proceedings of the aforesaid
custom-house, owing to the fact that the same were in accordance
with the above-mentioned regulations, with the only exception that
in lieu of assessing the penalty of forfeiture of the goods and the
vehicle on which they were carried, and of the mules and harness,
the penalty should be that of triple duties, besides the proper
single taxes, upon the six packages of said merchandise carried by
the aforesaid gentlemen without the documents required by law; with
the understanding that the bond given by the same shall be canceled
so soon as they pay the duties in question; the above proceedings
bringing the matter to an end, with respect to the administrative
authority, but so far as it concerns the judicial power this
department can not take any action, as the proper decision depends
from the district court which took cognizance of the case.
I renew, etc.,
By order of the secretary:
[Inclosure 3.]
Mr. Clayton to
Mr. Mariscal.
American Embassy,
Mexico, September 20,
1904.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s note of the 12th
instant, in which your excellency refers to my note of August 4,
last, relative to the case of H. C. Harding and H. E. Dugat, charged
with an infraction of the general customs regulations of Mexico, and
with which is transmitted to me a copy of a communication addressed
to your excellency by
[Page 468]
the
secretary of the treasury, conveying the information that the matter
has been closed with respect to the administrative authority.
While I am very glad to be informed of the action of the treasury
department, as requested in my note of August 13 last, if your
excellency will kindly refer to my note of the 4th of the same
month, you will observe that it was for the expedition of the
judicial proceedings in these cases that I invoked the good offices
of your excellency, which in view of the long pendency of said
proceedings, if not already exercised by your excellency, I again
respectfully invoke.
I have, etc.,
