No. 250.
Mr. Morgan
to Mr. Frelinghuysen.
Legation of
the United States,
Mexico, March 25, 1884.
(Received April 10.)
No. 775.]Sir: I transmit herewith a copy and translation of
Señor Fernandez’ note to me of the 23d instant (received to-day) in answer
to mine to him of the 8th December, 1883, relating to the claim against the
Government of Mexico by the owners of the schooner Daylight, sunk by a
Mexican national vessel in the harbor of Tampico.
Señor Fernandez is of the opinion that the owners of the Daylight must first
present their claim to the department of war and marine, and, in case that
department does not satisfy them, to the courts, and that diplomatic
intervention in the matter cannot be admitted, except in case of a denial of
justice by the tribunals of the country.
I am, &c.,
[Inclosure in No.
775.—Translation.]
Mr. Fernandez to
Mr. Morgan.
Department of Foreign Affairs,
Mexico, March 23,
1884.
Mr. Minister: I have the honor to answer the
note of your excellency, dated December 8, 1883, referring to the case
of the Daylight, and also that of February 13, last, recalling to mind
the first.
[Page 363]
To avoid the ambiguity which the Department of State is believed to have
found in the previous notes on this matter I will reduce my answer to
direct propositions according to the order corresponding to the points
indicated in the principal note of your excellency:
- 1.
- The owners of the Daylight can make their direct demand on the
Mexican Government before the Mexican tribunals without previous
permission, no law requiring the same.
- 2.
- The right of petition conceded to all in the Republic by the
constitution, has but one constitutional limitation; in
political affairs only Mexican citizens can enjoy this
right.
- 3.
- The Mexican Government is considered as a person and as such
can sue and be sued before proper tribunals.
- 4.
- The citizen in Mexico in whom is vested the executive power of
the Government of the country is alone responsible, during his
incumbency, for any treason, express violation of the
constitution, attack on the electoral franchise of the people,
and grave crimes against the public safety and good order; but,
as stated in paragraph 3, the Government is always liable for
suit, no previous permission being necessary.
- 5.
- Should the Government deem it best that the matter of the
Daylight be settled between the two Governments, your excellency
and this department will be the medium through which the
settlement will be made, the department of war and navy acting
as witness only, of the facts, but it having been a practice
constantly sustained by the Government that a diplomatic cause
cannot be taken, when it interposes in favor of persons, except
in a denial of justice; Señor Mariscal and I had the honor to
notify your excellency that the complainant (or complainants)
must himself appear before the department of war and navy,
regretting that such a course is necessary.
- 6.
- The disaster to the Daylight having occurred in Mexican
waters, the Mexican tribunals are the proper ones to hear this
case, as well as any other which treats of the defining of civil
or crimnal responsibility, and decide what grade or form of
responsibility must be laid upon the delinquents in this
deplorable case.
The Mexican Government regrets its inability to concur in the opinion of
your excellency and lays the blame on the plaintiff until competent
tribunals decide otherwise.
Accept, &c.,
