Imagens das páginas
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(a) The vessel arrived at Vera Cruz on the 16th of January, 1829, with no cargo, but with an excess of provisions, as it was understood that she was to be sold and fitted out as a privateer in the Mexican service. In the night of tho 2d of February, 52 kegs of gunpowder were surreptitiously introduced on board of her from a schooner just arrived from New Orleans. On the 20th the whole of the powder and provisions were forcibly seized and carried from the vessel by order of the authorities at Vera Cruz. The provisions were subsequently restored ; and as the vessel could not be sold for the purpose for which she had been destined, she was cleared out for New Orleans or the 16th of March. On the same day, after she had been cleared out, the captain of the port, accompanied by about thirty men, suddenly repaired on board and seized the ves el. 'The legality of the seizure was contested in the Mexican courts, who eventually decided in favor of the claimants, and the vessel was restored on the 12th of October, 1830. The claim is for the detention of the brig, and the consequent losses. The pretext for the seizure was her having the gunpowder on board, which was contrary to the Mexican laws.

(6) On the 21st of June, 1832, whilst the vessel was lying in the port of Brazoria, she was seized by John Austin, the Mexican military commandant in that quarter, and employed to make an attack upon Anahuac. During the attack she was so much injured that the owners abandoned her to the underwriters, who claim the amount specified of the Mexican Government.

(c) On the 18th of November, 1831, the claimant obtained from the Lgislature of the Mexican State of Tabasco the grant of an exclusive privilege to use steamboats on the waters of that State for the period of ten years. He according ly sent thither a stoamboat called the Hidalgo, which arrived on the 19th of June, 1832. She was to be employed chiefly in transporting logwood to the coast, and the claimant had entered into contracts with several individuals in the interior for all the logwood they had cut down in 1831, and might cut down in 1832, 1833, and 1834. He also purchased and chartered several vessels for the purpose of carrying the logwood away. The steamboat commenced her trips on the 28th of June, 1832, by going down the river to Frontera, and, on the 30th, the fort there was taken by an invading force from the neighboring States of Chiapas and Yucatan, with a view to compel Tabasco to recede from its declaration in favor of Santa Anna. The garrison retreated into the town, and would have been obliged to surrender, had not the Hidalgo chanced to be there; they rushed on board of her, and forced the master to convey them immediately to the capital of the State. On the 20 of July, Don Mariana Martinez, the commander-in-chief of Santa Anna's forces in that quarter, sent an order to the commander of the steamboat to hold her at his, the commander's disposal, and the order was accompanied by a file of soldiers to enforce it; and on the 6th another order was sent requiring the steamboat to be employed for the transportation of troops, and she was so employed from the 30th of June to the 2d of August, 1832 ; and the captain and crew were obliged, by threats of personal violence, and even of death, to submit to the orders of the officers sent on board.

This detention of the steamboat was the primary cause of all the subsequent disasters of the claimant. The ressels which were to carry away the Ingwood all arrived at Tabasco from the 16th of June to the 5th of July; but finding no cargoes ready for them, that the steamboat had been seized, and that owing to the distracted state of the country it was not probable that cargoes could be procured, they, early in August, set sail for the ports to which they respectively belonged; and the captains and owners of the vessels have since demanded of the claimant the penalties of the charter parties, which he has paid to the extent of his means. The detention of the steamboat also led to the loss of the profits which the claimant reasonably expected to derive from the contracts referred to. Her employment, too, in the service of Santa Anna eventually led to her loss : for, on the 10th of October, 1332, having stopped at Joauta, she suddenly filled with water and sunk; the claimant thereupon proceeded to Laguna, in Yucatan, to get persons to assist in raising her. On his arrival, he was summoned into the presence of the commandant general of the place, who, when informed of his object, refused himself to aid the clainant, and forbade the inhabitants of Laguna from succoring him, alleging, as a reason, that the steamboat had been the cause of the victory of Santa Anna's party on the 25th July. The schooner Consolation, belonging to the claimant, was seized and compelled to transport troops of the party opposed to Santa Anna. After her release, she was again seized by a magistrate of Santa Anna's party, because of having been employed in the service of his adversaries; the captain was put in the stocks, and the vessel finally became unseaworthy in consequence of her detention. The brig John, belonging to the clainant, was also detained by officers of Santa Anna's party, and the captain imprisoned. Dennis Gahagan, one of the clai nant's agents, was likewise imprisoned; a large sum in specie was extorted from the claimant by the military officers at San Juan Bautista, in August, 1832. The losses brought upon the claimant by the incidents above detailed, were the proximate cause of the bankruptcy of the commercial house of which he was a partner, in New York,

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(a) On the 10th March, 1834, the captain, who is the claimant, applied at the custom-house in Tabasco for a clearance, but was informed that the district judge had attached the vessel upon the pretext that the forescuttle was not sealed when she arrived. On the 12th, the captain was arrested and imprisoned for thirteen days, and was only released upon the condition of paying Rogas, the district judge, one hundred and sixty dollars. He then applied for a clearance, which was refused, unless he would pay a further sum of fisty ounces in gold. On the 2d of April, after being again arrested and harassed for a pretended debt due one of his crew, he again applied for a clearance, which was granted on the responsibility of the collector. He set out with the vessel, but was ordered back by the judge, who declared he should not go until he paid the fifty ounces of gold. The vessel was then abandoned, and the judge sold her and her cargo and pocketed the proceeds.

) About ten in the morning of the 1st of May, 1835, the vessel anchored in the harbor of Campeche. About noon she was visited by the captain of the port and health officers, to whom the captain exhibited his list of crew, the triplicate invoices of the cargo, and the triplicate general manifest. The interpreter informed the captain that it would be necessary to curry the invoices only to the custom-house. The master then went ashore with the captain of the port in his boat, and presented the invoices at the custom house. A young man just beginning to learn English acted as interpreter. The collector immediately addressed a written complaint to the district judge, stating that the captain had not presented the triplicate general manifests required by law to be given aboard the vessel whilst in the act of anchoring, and that he had stated that he had not made out such manifests, the captain's answer being mistaken or misinterpreted. The captain, suspecting that it was intended to ensnare him, set out on his return to his vessel, but owing to the darkness of the night, and the haziness of the weather, did not find her till next morning. He presented his general manifest to the revenue officer on board, who sent it to the custom-house. On the same day (20 May) the brig was boarded by the captain of the port, ker sails carried on shore, an armed guard placed on board, and she condemned.

(c) The vessel arrived at Galveston bay on the 3d of May, 1835, and came to anchor under the stern of the Mexican Government schooner Montezuma. An otficer from her repaired on board the Martha, examined the papers, and complained that the passengers had no passports, and that there were articles on board not included in the manisest. A guard of twelve men was then sent to the Martha. Some of the passengers having been invited by the pilot of the port to go ashore next day to hunt, two or three of them were loading their guns in the cabin to be in readiness the next morning, when one of the guards looking down and seeing them reported the circumstance. Two boats were immedi. ately sent from the Montezuma to the Martha, all the passengers forced into them, carried to the Montezuma and confined under the hatches. The next morning the Lieutenant Commandant went with some of his men, provided with crowbars, adzes, axes, &c. and searched tho Martha, breaking open the barrels and boxes ; after which they returned, released the passengers, and sent them back to their own vessel ; though the passengers, who had saddles on board for their own use, had them taken from them under plea that they were new and had not been used. On the 6th of May the Lieutenant Commandant again repaired on board the Martha, and after searching the passengers' trunks, took all their arms from them and put them in his boat. He then called up the black steward of the Martha and told him to point out those of the passengers who were concerned in loading the guns on the evening of the 3d. When the Steward had pointed them out, the Lieutenant said that he was going to make the Martha a prize, and to take the four passengers pointed out by the steward prisoners to Vera Cruz. They were consequently ordered into the boat and taken on board the Montezuma. The next day the other passengers were sent under the charge of an officer to Anahuac and there released. On her way to Vera Cruz the Montezuma stopped at Matamoras, and in consequence of the urgent solicitations and remonstrance of our consul there, the four Americans confined on board were liberated. The Martha was taken to Vera Cruz, tried and condemned.

(d) The person in question was ordered to leave Mexico in three days, upon a charge of having publisheil an article in a newspaper animadverting upon the administration of President Santa Anna. He claiins the amount specified for losses sustained in consequence of the act.

(e) The seizure is represented to have been made by officers of Iturbide, and the money to have been carried to Perota and converted to his use.

A similar case to the preceding.

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(a) The captain and crew of this vessel, together with five persons, passengers in her, were seized at Matagorda, in Texas, and carried to Matamoras by the Mexican armed schooner Bravo. The Bravo is also represented to have fired upon the Hannah and Elizabeth.

(b) Detained by the authorities of Matamoras in violation of the eighth article of the treaty.

(c) The property was shipped at New Orleans on board of the United States inerchant schooner Felix, which was captured by a Mexican cruiser.

(d) Detained at Tabasco.
(C) Wrecked on the Mexican coast.
(5) Personal injuries at Minotitlan, in Mexico.

Nota.—Thore are other claims which were presented to the Mexican Government by the Representative of the
United States without waiting for the directions of the Department.


The same to Mr. Monasterio, May 30, 1836. Message from the President of the United States to the Mr. Monasterio to Mr. Ellis, June 17, 1836. Translation.

Mr. Monasterio to Mr. Ellis, June 10, 1836, Translation. House of Representatives, transmitting the information Mr. Tornel to Mr. Monasterio, June 15, 1836. Translarequired by a resolution of the House of Representatives

tion. upon the subject of the condition of the political rela- Mr. Ellis to Mr. Forsyth, July 12, 1836. — Extract. tions between the United States and Mexico; also, on Commodore Dallas to Mr. Robertson, April, 26, 1836. the condition of Texas.

Mr. Robertson to General Gomez, May, 1836. To the House of Representatives of the United Slates: General Gomez to Mr. Robertson, May 3, 1836. Trans

In compliance with the resolution of the House of Rep- lation. Jesentatives of the 17th instant, I transmit a report from Mr. Robertson to General Gomez, May 4, 1836. the Secretary of State, together with the documents by The saine to Mr. Ellis, May 6, 1836. which it was accompanied.

Lieutenant Osborn to Mr. Robinson, May 5, 1836. ANDREW JACKSON. Mr. Robertson to General Gomez, May 5, 1836. Washington, January 25, 1837.

General Gomez to Mr. Robertson, May 5, 1836. Trans


Mr. Robertson to General Gomez, May 5, 1836.

Mr. Monasterio to Mr. Ellis, June 14, 1836. Translation. Washington January 25, 1837. Mr. Ellis to Mr. Monasterio, June 16, 1836. The Secretary of State, to whom has been referred the Mr. Monasterio to Mr. Ellis, June 21, 1836. Translation. resolution of the House of Representatives of the 17th in- Mr. Ellis to Mr. Monasterio, June 25, 1836. stant, requesting the President to lay before that House, if The same to Mr. Robertson, June 29, 1836. not incompatible with the public interests, any information The same to Mr. Forsyth, July 16, 1836. in his possession, showing the condition of the political re- Mr. Butler to Mr. Monasterio, March 8, 18:36.

Translations between the United States and Mexico, and, also, Mr. Monasterio to Mr. Butler, March 16, 1836.

lation. any further information that he may have received on the condition of Texas, has the honor herewith to communi- Mr. Forsyth to Mr. Ellis, July 20, 1836. cate copies of, and extracts from, such papers in this De. Mr. Coleman to Mr. Forsyth, May 18, 1836. partment as are deemed necessary to show the present state The same to the same, June 6, 1836.-Extract. of the political relations between the United States and the Mr. Ellis to the same, October 11, 1836. Mexican republic. Since the return of the agent who was The same to Mr. Monasterio, September 26, 1836.

Translasent to inquire into the condition of Texas, no additional Mr. Monasterio to Mr. Ellis, October 3, 1836. information has been received on that subject. All which

tion. is respectfully submitted.


Mr. Ellis to Mr. Forsyth, October 4, 1836.
To the PRESIDENT of the United States.

The same to Mr. Monasterio, September 9, 1836.
Mr. Monasterio to Mr. Ellis, September 13, 1836. Trans-


Mr. Ellis to Mr. Forsyth, October 5, 1836.
Mr. Ellis to Mr. Forsyth, June 23, 1836.-Extruct. The same to Mr. Monasterio, September 15, 1836.


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Mr. Monasterio to Mr. Ellis, September 21, 1836. Trans- 2d of December, 1335. They were then landed in a naked, lation.

feeble condition, and placed under a guard of soldiers at the Mr. Ellis to Mr. Monasterio, September 20, 1836. Bravo de Santiago, pillaged of their clothes, after having Mr. Monasterio to Mr. Ellis, September 27, 1836. Trans- been on short allowance during their imprisonment on board lation.

the General Bravo. Mr. Ellis to Mr. Forsyth, October 11, 1836.- Extract. In a time of profound peace the Hannah Elizabeth was The same to the same, October 25, 1836.

sailing in the pursuit of a lawful trade, under the protection The same to Mr. Monasterio, October 20, 1836.

of the flag of a neutral and friendly Power, and she had Mr. Monasterio to Mr. Ellis, October 21, 1836. Trans- every reason to calculate on the hospitality of the Mexican lation.

Government and people, and more especially when it was Mr. Ellis to Mr. Forsyth, November 10, 1836.

known she was in distress. The violence offered to her, The same to Mr. Monasterio, November 4, 1836.

under such circumstances, I am well persuaded, is an act The same to Mr. Forsyth, November 3, 1836.-Extract. of injustice committed without the knowledge of this Gor. The same to the same, Decenıber 9, 1836.-Extract.

ernment; and I have too high a respect for its character to Mr. Forsyth to Mr. Ellis, December 10, 1836.

suppose, for a single moment, it will sanction an outrage Mr. Ellis to Mr. Forsyth, December 14, 1836.

directly in opposition to the treaty of amity, commerce, and The same to the same, December 21, 1836.-Extract.

navigation, subsisting between the two republics. I have Mr. Perrine to Mr. Ellis, September 4, 1836.

been informed the crew and passengers have been set at Mr. Burrough 10 Mr. Forsyth, November 22, 1836.

liberty; but I have not been advised of the release of the The same to the same, December 1, 1836.--Extract.

captain of the Hannah Elizabeth. I then, in compliance Mr. Ellis to Mr. Forsyth, September 7, 1836.

with instructions from my Government, demand the immeMr. Forsyth to Mr. Ellis, December 20, 1836.

diate release of this individual, ample damages for the Mr. Ellis to Mr. Forsyth, October 15, 1836.

illegal detention of himself, crew, and passengers, and an Mr. Burrough to Mr. Ellis, October 8, 1836.

apology for the insult to the flag of the United States, by Mr. Ellis to Mr. Monasterio, October 14, 1836.

the firing of the General Bravo upon the Hannah Elizabeth. Mr. Forsyth to Mr. Ellis, December 9, 1826.--Extract. The undersigned embraces the present occasion to offer Mr. Ellis to Mr. Forsyth, January 12, 1837.

to his excellency the acting Minister of Foreign Affairs the
assurance of his distinguished consideration.

Mr. Ellis lo Mr. Forsylh.-Extract.

To his Excellency

Mexico, June 23, 1836.

Mr. Monasterio la Mr. Ellis.
From the enclosed papers, (B,) you will see the evasive
and unsatisfactory answer given to my note of the 30th ul-

[Translation.] timo, demanding satisfaction of this Government for the outrage committed on the American flag, in the capture of PALACE OF THE Natio Merco Fume I, 1836. the Hannah Elizabeth by the General Bravo, and the imprisonment of the captain, crew, and passengers.

The undersigned, chief clerk charged with the despatch These acts of injustice and oppression are daily perpe- of the Department of Relations, has the honor to inform trated on citizens of the United States, and every succeed. Mr. Powhatan Ellis that he has this day conveyed to the ing application for redress is met with cold neglect, and, no Secretary of War, with a view to his suitable advice, his doubt, with a secret determination to commit similar of

note of the 30th of May last, relative to the capture of the fences, seeing that they have lieretofore done so with entire American barque Hannah Elizabeth by the Mexicali, callimpunity. If a satisfactory explanation is not given of this ej Gencral Bravo; and that as soon as the undersigned affair in a short time, I shall feel it to be my duty to com

receives a reply, he will make it known to Mr. Ellis, to municate, in the most decisive manner, to the Mexican whom, in the interiin, he renows the assurances of his Government, the unalterable purpose of the United States very distinguished consideration and esteem. not to submit to these reiterated aggressions upon the per

JOSE MARIA ORTIZ MONASTERIO. sons and property of American citizens.


Chargé d'Affaires of the United States of America.
Mr. Ellis to Mr. Monasterio.

Mr. Monasterio to Mr. Ellis.
Mexico, May 30, 1836.

'The undersigned, chargé d'affaires of the United States
of America, has the honor to present his compliments to


Mexico, June 17, 1836. the acting Minister of Foreign Affairs, and begs leave to call bis attention to the capture of an American vessel by the 'The undersigned, chief clerk in the Department of ReMexican armed vessel General Bravo, in the port of Mata-lations, charged with its despatch, has the honor to enclose gorda, in the month of November last. The Hannah lu the Hon. Powhutan Ellis a copy of the official note Elizabeth, of New Orleans, sailed froin that port on the which he has received from the Minister of War, in rela13th of November, 1835, bound to Matagorda, 'Texas; and on to the capture of the American schooner Hannah on the 18th of the same month, she stranded on the bar, in Elizabeth by the Mexican General Bravo, on which subattempting to enter the bay of Malagorda. While in this ject Mr. Ellis treated in his note of the 30th ultimo; the unfortunate condition, she was fired into by the Mexican undersigned availing himself of the opportunity of renew. armed vessel of war General Bravo, boarded liy twenty ing to him the assurances of his very distinguished conarmed solliers, under the command of two officers, who sideration. forcibly took the captain, crew, and passengers from the

JOSE MARIA ORTIZ MONASTERIO. wreck on board the bravo, when they were chained in the To the Hon. PowHATAN Ellis, hold of that yessel until their arrival in Matagorda, on the Chargé d'Affaires of the United Stules of America.

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Mr. Tornel to Mr. Monasterio.

Government to inhibit, under existing circumstances, the [Translation.]

public armed vessels of the United States to enter their ports


Hon. John FORSYTH,
Mexico, June 15, 1836.

Secretary of State, Washington city.
To the official note of your excellency of the 10th in.
stant, upon the reclamation which the chargé d'affaires of
the United States of America has made for the occurrence

Commodore Dallas to Mr. Robertson. in the neighborhood of - Matagorda, towards the close of UNITED STATES FRIGATE CONSTELLATION, the year last past, between our vessel of war “ General

Pensacola Buy, April 26, 1836. Bravo" and the North American trader “ Hannah Eliza.

Sur : Captain Jackson, commanding the United States beth," I have the honor to reply by saying, that the com

revenue cutler Jefferson, acting with the squadron under mandant general of N. Leon and Tamaulipas has been

my command, visits Tampico and the coast of Mexico, for this day instructed to communicate a summary of the whole transaction, in order that the corresponding pro, his power to our commerce.

the purpose of rendering, if necessary, every assistance in visions may be decreed, with a view to secure inore and

Any information you may give him conducive to that more the good friendship between our Government and that of the United States. I reiterate to you the protesta-object will be acceptable, and oblige

Your obedient servant,

A. J. DALLAS. tions of my consideration.

To GEORGE R. ROBERTSON, Esq., God and Liberty.


U. S. Consul, Tampico.
The Chief Clerk in the Department of Relations.
Copy : MEXICO, June 17, 1836.

Mr. Robertson to General Gomez.

Mr. Ellis to Mr. Forsyth.- Extract.


Sir: In presenting you this morning the lieutenant of Mexico, July 12, 1836. the United States cutter schooner Jefferson, which arrived On Tuesday the 14th ultimo, his excellency the acting off the bar this morning, the subject of the right of her Minister of Foreign Affairs called on me and expressed his coming over the bar was discussed, in which you observed

that she could not be allowed to come in, unless she want. surprise that an Ainerican squadron should have made its appearance off the bar of Santa Anna de Tamaulipas,

ed supplies, or was in distress.

The object of this communication is to know from you, with the avowed intention of demanding satisfaction of the

that in case the said vessel should choose to make the ata authorities of that place for a supposed insult offered to the American consul and a lieutenant of the United States tempt to cross the bar, whether any obstructions would be schooner Jefferson, when the Government of the United made on your part ? States had an accredited diplomatic agent residing in the

An early answer to this communication will confer a

favor on Mexican capital. I replied that I had not been apprized

Your very obedient servant,

G. R. ROBERTSON. of the arrival at Tampico of an American squadron, and

To Don GREGORIO GOMEZ, could not, therefore, pretend to state the object of its visit. As I could not give him a satisfactory explanation of the

Military Commandant. object of such a movement on the part of the public armed vessels of the United States, the conversation closed by his

General Gomez to Mr. Robertson. stating that he would address me a note on the subject,

[Translation.] and my reply that it would afford me great pleasure to give all his communications the most prompt consideration.

Santa Ayxa DE TAMAULIPAS, Previous to this interview, I had received from our con.

May 3, 1836. sul at Tampico a full statement of the alleged outrage com- I reply to your note of the 3d instant, in order to inform plained of by Captain Jackson, of the United States schoon- | you, as I verbally communicated to the lieutenant of the er Jefferson. I cannot well conceive of a more insulting armed schooner Jefferson, that I would not allow the said and humiliating indignity offered to the flag of a friendly vessel of war, nor any other of any nation, to enter, unless Power than that manisested in the seizure and imprison. in case of urgent need of repairs; if you should, as you ment of Lieutenant Osborn and boat's crew, when that hint in your aforesaid note, endeavor to enter, I have the officer landed under orders to commnnicate with the Ameri- means of sustaining the honor of the nation, which would can consul. The paper marked A, contains all the facts be outraged by such a proce ling. It appears to me very in reference to the improper conduct of the commandant strange that you should make such a declaration. This I general at Tampico; and that marked B, the correspond say in reply to your note of this day, which has induced ence between Mr. Monasterio and myself, in which it will my resolution. be seen this Government Jisavows the illegal and offensive God and liberty.

GREGORIO GOMEZ. acts of that officer, and has removed him from office, with

TO GEORGE R. Robertson, Esq., an assurance that his conduct shall be investigated hy a Consul of the U. S. of North America in this port. court-martial, and further punishment inflicted on the offender, if found guilty. These concessions, in that spirit of friendship and for

Mr. Robertson to General Gomez. bearance which the United States have always shown,

AMERICAN CoxsclATE, with no other disposition than to cultivate the most amica

Tampico, May 4, 1836. ble relations with this country, I have been induced to re- Sir: I have the honor to acknowledge the receipt of ceive as a satisfaction for the injury complained of in my your official note of yesterday, and observe by ils contents note addressed to Mr. Monasterio on the 16th ultimo. As that a very great mistake was made by the translator of my Captain Jackson did not, nor ask permission to, enter the letter from English to Spanish, of the word “atentado." port of Tampico with the vessel under bis command, I It was never intended to be used by me, and, as a proof purposely avoided opening the question of the right of this I of wbich, I send you a copy of my note in English.

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