Another objection to the modified order was that, as the British minister maintained in another case, while the general government itself might with justice banish undesirable foreigners, it had no right to delegate such a power to distant subordinates practically exempt from supervision, to be exercised by them as prejudice, caprice, and possibly avarice might suggest and without giving the victim a chance to defend himself or settle his affairs (Pakenham, no. 78, 1840). Thompson was described by his French colleague as inexperienced ([11]no. 108, 1842).
[23.] These are too numerous to be catalogued here, but a few can be cited as illustrations. General Terán seized the schooner Topaz and compelled her to transport some of his troops. During the voyage the Mexican officers and soldiers killed the master, and, returning to port, had the crew imprisoned on the charge of having done it. The vessel was held, and property on board seized (Moore, Intern. Arbit., 2992). The schooner Hannah Elizabeth, stranded on the Texan coast, was fired upon by a Mexican vessel of war, and her crew and passengers were put in jail (Sen. 1; 25, 2, p. 85. Ho. 351; 25, 2, p. 167). The Mexicans asserted that the schooner was carrying contraband of war; but if so, the Mexican officer did not know this when he opened fire, and anyhow no penalty except the confiscation of the cargo could rightfully have been exacted. Our acting consul at Tabasco was arrested and publicly ill-treated, because he would not legalize documents intended, in his opinion, to defraud an insurance company (Sen. 1; 25, 2, p. 89). The brig Fourth of July was sent to Vera Cruz for sale to the Mexican government, and before the sale was made officers and soldiers took possession of her, ran up their flag, arrested the captain, and disregarded the protest of our consul (ibid., p. 91). A boat-load of seamen from our sloop-of-war Natchez landed at Vera Cruz, became intoxicated while the midshipman in command of them was in conference with our consul, and, as the result of a quarrel with a fisherman, were severely handled by the Mexican guard. As they were now unable to manage the boat in the rough sea, the midshipman, on the advice of the consul, requested the captain of the port to take charge of them over night. The next morning the authorities would not give them up to him, nor was our consul permitted to communicate with them (ibid., p. 93). Two Americans were arrested, maltreated and imprisoned at Matamoros on the baseless suspicion that they intended to visit Texas, and the premises of our consul were forcibly entered, searched and robbed (ibid., 94; Ho. 351; 25, 2, p. 172). A lieutenant of the American revenue cutter Jefferson, going ashore at Tampico to see our consul, was arrested, and his boat’s crew were imprisoned. For this outrage the Mexican government removed the responsible officer, General Gómez, but soon afterwards he was given a better post at Vera Cruz, and showed his unchastened spirit in the Natchez affair (Sen. 1; 25, 2, p. 98. Sen. 160; 24, 2, p. 70: Ellis).
[24.] British complaints were almost numberless: e.g. Ward, no. 77, 1826; Pakenham, nos. 48 of 1827, 119 of 1828, 37 of 1830; [13]Ashburnham, nos. 16 of 1837 and 74 of 1838 (a man persecuted with a “tissue of iniquities” for years); Bankhead to Bocanegra, July 4, 1844.
The Foreign Office distinctly stated that contract and treaty rights were denied ([13]Aberdeen to Mex. min., Nov. 1, 1843; to Pakenham, no. 19, Aug. 15, 1836). [77]Dec. 31, 1844, it made this statement: “In Mexico British Subjects have been oppressed, harassed, and maltreated without redress except that which has been extorted by unceasing remonstrance.... The expostulations of Great Britain ... have been with very few exceptions contumeliously set at naught; and the same illegal exactions which have been the subject of those expostulations have been repeated, while yet the former grievance was unredressed.” The British minister complained, e.g., that the coast officials annoyed his fellow citizens; that frequently to their injury the constitution was violated by state authorities; that some of them were persecuted, imprisoned, or expelled from the country in defiance of law; that money was extorted from them under threats. A loud [52]protest of American ship captains, Campeche, May 26, 1835, illustrates well the tricks and outrages to which our commercial interests were subjected. What abuse and tyranny our citizens were liable to suffer in the interior is shown by the memorial of Augustus Storrs and twenty others, Chihuahua, April 17, 1832, transmitted through C. W. Davis, who was described by our secretary of state, Nov. 24, 1832, as a respectable citizen of the U. S. who had long been practising medicine at Chihuahua (Ho. 351; 25, 2, p. 87). (France) Coxe, Review, 69; Barker in Texas Review, Jan., 1917; Rives, U. S. and Mexico, i, 433.
[25.] The international tribunal was established under the Claims Convention of 1839, and the national tribunal under the treaty of 1848 and a United States Act of 1849. It should be remembered that the amount of our claims was substantial. The total receipts of the U. S. government for the fiscal year ending with June, 1845, were less than $30,000,000. It is true that many of the claims were exaggerated, and some of them a great deal; but this does not matter, for what the United States asked was an investigation of the demands, not the payment of any one at its face. Still, as the inflation of the claims has been urged as an excuse for inattention to them, a word upon that point is desirable. The amounts demanded in such cases are always made as great as possible, and in the instance of Mexico there were special grounds for exaggeration. Our claimants, so far as just in their demands, were entitled to as high interest as other creditors of that government, and the rate it had to pay was very large. In 1832, for instance, this was four per cent a month (Butler, no. 32, 1832), and in 1844 two per cent a month besides six per cent for brokerage (Bankhead, no. 112, 1844). At such rates longstanding claims mounted high, and when the interest was scaled down to five per cent in the process of adjudication (Sen. 320; 27, 2, p. 237), they naturally seemed to have been exorbitant. Indeed, the claims were entitled to even a higher interest than loans, for a good deal of trouble—sometimes an extraordinary deal—was necessary to prove them. “The authorities here can prove anything,” reported even the philo-Mexican Waddy Thompson (no. 4, 1842); and this was only one of numerous obstacles. Probably, too, there was more uncertainty as to eventual payment. Again, if paid at all, the claims were likely to be settled in treasury notes of little value. In fact, all those accepted by the international tribunal already mentioned were actually so payable (Calhoun in Sen. 1; 28, 2, p. 21), and these notes were worth at the time only about thirty cents on the dollar (Thompson, Recolls., 223).
Yet the degree of inflation was much less than has been supposed. The most conspicuous instance was that of W. S. Parrott, who demanded $454,504.01 as principal (Sen. 320; 27, 2). Thompson declared ([52]Nov. 20, 1843) that Parrott was hardly entitled to two per cent of what he asked; but on inquiry a very different conclusion is reached. Parrott was a sufficiently good man to be employed as consul and confidential diplomatic agent by the United States, yet for some reason he was deeply disliked by the Mexican government, and the courts seemed determined to ruin him (Moore, Intern. Arbit., 3011). He was therefore entitled to punitive damages, but none were allowed him. The cost and annoyance of prosecuting his case were excessive. All the excuses for inflation mentioned above applied in his case. A considerable amount included in his claim had to be thrown out on purely technical grounds; and a large part had to be ignored because (in violation of her agreement) Mexico would not let him have certain specified papers that were needed to prove it. And yet, after all these deductions had been made, our own treasury paid him under the treaty of 1848 the sum of $71,000 as principal (Moore, 1284). In many cases the percentage of inflation was low. For example, in the case of claims aggregating $595,462 the tribunal awarded $439,393 after scaling the interest down to five per cent (Ho. Report 1096; 27, 2, p. 8). In fact the awards were probably a somewhat uncommonly high percentage of the amount claimed in such cases. It has commonly been said (e.g. Von Holst, U. S., iii, 205) that on the conclusion of the war we discharged Mexico from all obligation on account of our claims ($8,491,603) yet bound ourselves to pay only $3,250,000, thus admitting that our claims were nearly three times too large; but the second of these two sums corresponds to only a part of the first (Treaty with Mexico, Arts, xiii-xv: Stat. at Large, ix, 933).
[26.] Itúrbide seized the cargo of the Louisa, and the Mexican government not only acknowledged the debt but paid a fraction of it (Ho. Report 1056; 25, 2). The Mexican supreme court ordered the money actually realized from the unlawful sale of the Cossack and her cargo to be paid to her master, but it was not paid (ibid.). The decree of the Mexican supreme court of 1821 in favor of this claim was presented in support of it by the U. S. secretary of state, yet that government alleged in Nov., 1837, that the claim had just been “for the first time brought forward” (ibid.). Cox and Elkins furnished supplies to General Herrera (Moore, 3430). Chew and Eckford built war vessels for Mexico (Moore, 3428–9). Parrott made advances on a bill of exchange drawn by Herrera (Moore, 3429). Green supplied money to a war vessel that put in at Key West in distress (Moore, 3425). A sum of money on its way to Peter Harmony, a New York merchant, from his Mexican consignee, was seized by the government (Moore, 3044). Contrary to law, a forced loan was extorted from Ducoing (Moore, 3409). Aaron Leggett carried on an extensive logwood business in Tabasco; but the action of Mexicans in seizing vessels of his for military use entirely ruined him (Moore, 1275), and even Santa Anna admitted that his claim was just (Butler, Feb. 8, 1836). Sixteen bales of wax were confiscated as of Spanish origin, when the fullest certificates, including that of the Mexican vice-consul at New York, proved that it came from Russia (Poinsett in Ho. 351; 25, 2, p. 248). Gahagan was inhumanly persecuted and for a time rendered insane, because in a perfectly lawful and respectful manner he tried to prevent the authorities from illegally appropriating his employer’s property (Moore, 3240). Santangelo, a naturalized American, was expelled without trial and thereby ruined, in direct violation of the treaty of amity (Moore, 3333). A case of which the essentials, at least, were simple is also worthy of mention. Evidently to drive him away and get his property, Dr. Baldwin, described by our minister as “a gentleman of great respectability and intelligence” (Ellis, Nov. 8, 1836), was prosecuted on the basis of depositions which a superior Mexican court admitted were forgeries, was falsely charged with murdering a woman and firing on a soldier, was put into the stocks and then imprisoned while suffering from a freshly broken leg, and in short was persecuted by the local authorities for a term of years (Moore, 3235–40). Other cases, though less easily stated, were not less clear; yet Mexico would give no redress. See Forsyth’s despatch of May 27, 1837 (Sen. 1; 25, 2, p. 105).
[27.] This point was taken advantage of by the clever Mexicans to the utmost, and it illustrates one of the great embarrassments encountered in dealing with them. Because they had the words “constitution,” “courts,” and “law” they pretended to have the realities. It was as if they had coined lead at the mint and required us to accept it as silver, while it passed among themselves for merely what it was. See also Ashburnham, no. 11, 1838. For the character of Mexican courts see vol. i, 12–13.
[28.] The Mexican government demanded that Baldwin (note 26), for example, should seek redress from the very tribunal that had wronged him (Ellis in Sen. 160; 24, 2, p. 64). In 1834 Simon McGillivray, a director of the United Mexican Mining Company, wrote thus to the British minister: Even when we obtain report after report and decree after decree against the confiscation, already effected, of our property, “we never can succeed in obtaining the enforcement of such Decrees, because the parties against whom they are given are Mexicans of influence or connexion in the place, and we, the claimants for justice, are only foreigners”; and three months later the minister (no. 61, 1834) reported that a letter from the governor of the state “in substance fully admits” this. Once when Baldwin obtained a verdict, the judge would not execute it, and the Doctor had to flee for his life (Ellis in Sen. 160; 24, 2, p. 65). Under such circumstances, to deny the right of injured foreigners, especially the unpopular Americans, to invoke the aid of their governments was plainly unfair, and so France and England held as firmly as did the United States.
[29.] [11]Canning, March 25, 1825. Ho. 266; 27, 2, p. 321 (Webster). This obligation grows out of the benefits conferred by recognition.