Mr. Plumb to Mr.
Seward.
No. 131.]
Legation of the United States,
City of Mexico,
May 20, 1868.
Sir: On the 5th, 8th, and 11th instants,
respectively, I received from Mr. Ulrich, consul at Monterey, the
letters and inclosure of which I transmit copies and translation
herewith, communicating the details of an outrage inflicted upon six
American citizens at that place on the 22d ultimo, by order of the
secretary of the government of the State of Nuevo Leon.
The character of this outrage is such that it can with difficulty be
treated with calmness, and I should have felt it my duty immediately to
address to this government a strong communication upon the subject, but
for the fact, stated by Mr. Ulrich, that he had already written to the
department giving information of the occurrence, and it appearing,
therefore, to be my proper course to await your instructions before
taking any action in the premises. For this reason I have made no
allusion to the affair, as yet, with this government.
I had expected, however, that it would voluntarily have made some
reference to it, and would have sought occasion to express regret that
such an occurrence to citizens of the United States residing in Mexico
should have taken place; but although the outrage was alluded to in the
papers of this city on the 7th instant, and on the 9th the government
published, in the Diario Oficial, the communication from the minister
for foreign affairs to the governor of Nuevo Leon, of which I inclose
translation herewith, no manifestation whatever has been made to me as
to the sentiments of the government with reference to the affair.
It is perhaps my duty to add, as I do with disappointment and regret,
that the conviction is being forced upon my mind, by my observations
here, that, whatever may be the official action of this government, or
however enlightened and friendly may be the sentiments personally of
[Page 462]
President Juarez and his
cabinet, there is a feeling existing in this country towards foreigners
in general, to which the citizens of the United States do not form an
exception, that is the occasion of the commission of such acts as that
which has occurred at Monterey, and which affords grounds for serious
apprehensions as to the future.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Ulrich to Mr. Plumb.
Consulate of the United
States,
Monterey,
April 24, 1868.
Sir: A very disagreeable occurrence has
taken place here, which will probably come to your notice through
the newspapers, and I have thought it best to give the facts of the
case, both to yourself and the State Department, that you may have a
better idea as to what has happened than you could form from
newspaper statements, which are always more or less highly
colored.
A few nights ago, two Americans resident here, merchants, became
slightly intoxicated, and were taken in charge by four other
American citizens, their friends, (respect-able, well-behaved men,)
to take them to their homes. While on the way the whole party were
arrested by the police, and put into the common jail with the
condemned criminals of the State, contrary to usage here, as
temporary delinquents are usually placed in an outside room under
guard. The next morning they were ordered to clean the movable
privies of the jail and to perform other degrading duties, to do
which some of them refused, when two of them were very severely
beaten by the jailor, the marks of which are still upon their
persons, and all this before they had been examined by the
authorities as to their culpability.
When they were examined by the alcalde 1st, next morning, he, without
any investigation of the case, ordered the whole party to pay a fine
of ten dollars each, but on being remonstrated with by some of them
that such a decision was very unjust, as four of them were entirely
innocent of any offense, he remitted the fine as to the four, fining
merely the two who admitted that they had been intoxicated, and
afterwards remitted also the fine of these two, as, on examination
of the case, he found it very doubtful if any of them had been
guilty of creating disorder in the street.
The party who was most severely beaten was one of the four who were
not drunk.
The case is creating considerable excitement here, and is now on the
way for trial before the tribunal supreme of the State.
Above you have the facts, of which I am personally cognizant, and
you, better than myself, can, from your knowledge of these people,
decide how much of this treatment of these Americans arises from the
general unkind feeling towards foreigners. The tone of the papers
since the close of the intervention, and the legislation in congress
as regards “estranjeros,” notwithstanding the fact that Americans
are not intended to be included in them, still have the tendency to
array anything but a kindly feeling towards us, as the great mass of
ignorant Mexicans include in their animosity all classes of
foreigners, Americans not excepted.
As I said before, I merely write to yourself and the department the
facts above, that you may clearly understand the case. The persons
maltreated are quite respectable men, and men, too, who will not let
the matter rest. If anything further occurs, and the legal tribunals
fail to do justice, I will write you again on the subject.
I think it is but justice to the people here to state, that they are
generally indignant at the proceeding, a great deal of which
feeling, however, I am satisfied arises from their hostility to some
of the “oficiales” implicated, who are generally unpopular, more
than from any regard for the persons injured.
I have the honor to be your obedient servant,
Hon. E. L. Plumb,
United States Chargé d’Affaires,
Mexico,
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Mr. Ulrich to Mr. Plumb.
Consulate of the United
States,
Monterey, Mexico,
April 26, 1868.
Sir: Referring you to my dispatch dated
24th instant, I beg to call your attention to an article on the same
subject in the Atalaya newspaper published in this city, which I
inclose herewith.
I have the honor to be, your obedient servant,
Hon. E. L. Plumb,
Chargé d’Affaires of the United States,
Mexico.
Mr. Ulrich to Mr. Plumb.
Consulate of the United
States,
Monterey,
April 29, 1868.
Sir: On the 24th and 26th instant, I had
the honor to send you two communications regarding the recent case
of ill treatment of several Americans in this city.
I now inclose copy of an extra published in Brownsville, Texas, the
statements therein being as nearly in accordance with the facts of
the case as is possible.
As reference is made in the extra, and in the Atalaya newspaper sent
you 26th instant, to Señor Narciso Davila, secretary to Governor
Treviño, I consider that it is no more than proper for me to state
that when the arrest was made by his order given from the balcony of
the palace the policeman, finding four of the Americans entirely
sober, went to him and represented the fact, notwithstanding which
he ordered them to be arrested, and gave orders also that they
should be placed in the common jail, instead of being treated merely
as detenidos; at the same time he was waited on by a very
respectable young Mexican gentleman, who was with the party of
Americans, who stated to him also that the most of the party were
sober, and none of them making a disturbance, which was also of no
avail.
The general belief here is that Señor Davila will resign his
secretaryship, and go to Mexico as a member of congress, to which he
was elected at the last election.
The examination of the case is still going on before the “Juez de
Letras,” and although much delay may result, still there seems every
effort will be made by the authorities to right the matter, and the
probability is that everything necessary will be done.
I am your obedient servant,
Hon. E. L. Plumb,
United States Charge d’Affaires,
Mexico.
[From El Atalaya, a newspaper
published at Monterey, Mexico, No. 51,
issue of April 26,
1868.—Translation.]
Scandalous occurence–Attack upon individual guarantees.
On Wednesday last, between ten and eleven o’clock in the evening, six
American citizens were arrested by order of the secretary of the
governor when passing beneath the balcony of the palace, upon the
frivolous pretext that some of the gentlemen were talking in a loud
voice, on account of being somewhat excited in consequence of a
reunion at which they had been present, celebrating the arrival of
one of their friends. Arriving at the prison, all that they had upon
their persons, except their watches, was taken from them, and they
were thrust in among all the common criminals, this also being done
by express order of the secretary, as was declared by the police who
made the arrest. After having served as the objects of the jeers and
scoffs of the criminals during the whole night, two of the
Americans, Messrs. Liechardt and Potter, were ordered to mover el caballo (as the barrel is called in
which are accumulated the urine and excrements of the prisoners)
from one part of the court-yard to another, and having refused at
first to perform this humiliating and degrading work, they were
lashed with a cowhide, and four of the gentlemen were obliged to
sweep the court-yard, one of them also being beaten on the pretext
that he did not sweep well.
This is a simple narrative of the facts, as we have heard them from
the lips of one of the outraged party; and it gives rise to serious
and very grave reflections.
In the first place, what authority has the secretary of the governor
to send to prison peaceable merchants and mechanics? We believe he
has none. What law is there by
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which persons temporarily arrested are obliged
to be put in with the condemned prisoners, and, what is still more
serious, that such persons can be punished in an outragous and
unparalleled manner, when it is not yet known whether they are
delinquents or not? This is one of those outrages of which we have
had no example in this country, and that has produced, and justly
so, a general indignation among all our population, as well among
the natives as among the foreigners, who are more directly affected
by this occurrence, and there is a universal demand that prompt and
full justice shall be administered, punishing the culpable parties
in this affair in an exemplary manner.
The susceptibility of the American government, when treating of the
protection of its citizens, is well known, and this occurrence may
bring serious consequences, and give rise to international
reclamations, which is all the more to be regretted when, up to now,
the relations between the Mexican government and the United States
have been so cordial. Considering the affair, therefore, under this
point of view, it is indispensable that the culpable parties,
whoever they may be, shall be punished in an exemplary manner, as
well to avoid such reclamations as also to tranquilize the public,
which is greatly alarmed, as no one can rest secure that he may not
be exposed to similar or greater outrages. We should mention that
one of the injured parties, Mr. Potter, has been here more than a
year endeavoring to recover the amount of some arms sold by him in
the time of the war against the French, and which have been of good
service to the national cause. Besides, this gentleman had not taken
anything that night, and only accompanied the others. We have made
this statement for the purpose that the facts may be known, and as
it is probable that the affair will be treated in the foreign press,
which is only too ready to magnify such occurrences, describing the
country as in a state of complete anarchy, without any security for
foreigners, we wish to record the indignation of all the sensible
people of this capital in reference to the affair referred to. In
conclusion, it is necessary to state that the day following, the
gentlemen above mentioned were placed at liberty by the first
alcalde; that an examination is being prosecuted, as we are
informed, with much activity, by the 1st Juez de
Letras, and we are sure that prompt justice will be
administered.
[From the Diario Oficial, of May 9,
1868.—Translation.]
Department of Foreign Relations.
In the newspaper the Atalaya, of Monterey, it is stated that by a
governmental order there were arrested in that city six American
citizens, and that in prison they suffered ill treatment; adding,
however, that they were immediately placed at liberty, and that the
first alcalde of that city was actively making an examination into
the facts in order to administer prompt justice.
In view of this information the President of the republic has
directed that I should address to you this communication, in order
that you may be pleased to inform this department regarding the
occurrence referred to, and in order that, if true, you may be
pleased to address to whom it may correspond, an excitative to
prompt and strict justice, asking that the judge or tribunal that
has cognizance of the case opportunely communicate what may be
resolved in the same.
Independence and liberty!
Mexico, May 9, 1868.
LERDO DE TEJADA.
The Citizen Governor
of the State of Nuevo Leon, Monterey.
