Page:The War with Mexico, Vol 1.djvu/456

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
NOTES ON CHAPTER III, PAGES 75—76
427

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. 11Canning, March 25, 1825. Ho. 266; 27, 2, p. 321 (Webster). This obligation grows out of the benefits conferred by recognition.

30. (Early) Ellis in Sen. 160; 24, 2, p. 68. (Avoid) Ho. 351; 25, 2, p. 40 (Van Buren). (Covered) 231Butler to Jackson, June 23, 1831. (Amicable) Ho. 351; 25, 2, pp. 92 (Livingston); 160 (Forsyth). As the net result of four years of effort Butler was informed that full specifications