B. [Translation.] Mr. José Ma. Calvo to the Jefe Politico. COURT OF THE FIRST INSTANCE OF THE DISTRICT OF APAM, STATE OF HIDALGO Replying to your note of this date, in which you forward to me the note from secretary of state, I have the honor to report: First. That the three foreign blowers of the glass factory of this town, who have been and are still in prison, are Thomas Shields, of Irish descent, and Charles Weber, and Philip Salm, Germans, according to their own statement. Second. The records of visits paid by this tribunal to the jail show that during the month of September last Philip Salm was, for the first time arrested for drunkenness. That on the 22d of November of the same year, Charles Weber and also Philip Salm were again arrested for the same fault. That on the 19th December following they were again arrested for drunkenness; according to the records of this tribunal the same (Charles Weber and Philip Salm), and also Thomas Shields, were imprisoned upon the charge of swindling and abuse of confidence; and, lastly, on the 2d of the present month they were again taken into custody for scandal and drunkenness. Third. That Shields, Weber, and Salm were arrested, at Vera Cruz, by warrant of this tribunal on account of a criminal proceeding instituted against them upon the charge of swindling and abuse of confidence, and which is now on revision at the superior court of the State. Fourth. That the aforementioned individuals are as yet kept in prison on account of the director of the factory, who had become their bondsman, having withdrawn their surety, and as the law provides they must remain so until they furnish a new bond. In compliance with the request contained in your note No. 251, of this date, referring to the occurences which took place with Thomas Shields, Philip Salm, Charles Weber, and Thomas Cleer, glass-blowers of this factory, I have the honor to say to you that if, in the judgment of the authorities and all the inhabitants of this town, the evidence of the facts which I shall relate did not exist, I would most certainly find myself embarrassed to give accurate information, as being the party whom those blowers have injured, the accuracy of my statement might be doubted. But as the cases have unhappily been made public and notorious even to some respectable North American citizens, I must not hesitate to make a full statement of all that occurred, in order to fulfill the duty imposed upon me at your request, and to establish the truth, upon my word, as an honest man. Last year the firm of "Enciso, Alba y Compia," owners of this glass enterprise, sent to the United States for four glass-blowers, through Mr. Santiago Lohse, a very respectable American citizen, and merchant of Mexico City, and to that effect the basis upon which the necessary agreement should be passed was transmitted to him. The terms proposed by the company "Enciso, Alba y Compia" being agreeable to Shields, Salm, Weber, and Cleer, a legal contract was signed before the notary public, Mr. Theodore Ritter, at the city and county of New York, on the 14th day of July, of last year, the certified copy of which is in the notarial office of Mr. Manuel Razy Guzman, in the City of Mexico. About the beginning of the month of August of the same year, Shields, Salm, Weber, and Cleer were settled at the factory. According to their contract they should have commenced work on the construction of the furnace. But instead of requiring them to do so, the company, out of deference, took pleasure in presenting them to the principal inhabitants of the town in order that they might become well acquainted, thus showing that their reception was nothing like that of the principal to his operative, but like that which is accorded to a fellow-workman, with the hope that they would reciprocate the consideration extended them, not only by the company, but also by an entire friendly population, who sincerely hoped to soon see established the glass industry within their town. Their reciprocation of the courtesies and gentle behavior extended to them from their arrival was not of long duration. In the same month of Angust they left the factory, which brought and paid them, without any justifiable cause and went to the glass factory of Apipilhuasco, where blowers were needed, thus violating their contract and causing great damage to this company. This single fact not only implied a violation of contract, but also a crime of swindling, as money had been furnished them for transportation and expenses on account of the company, and they had obtained same under pretense of being blowers of the Apam factory, whereas they belong to the Apipilhuasco factory. The company might have asserted its rights then against such disgraceful conduct, but it preferred to use more pacific means, and informed the honorable the minister of the United States, through Mr. Santiago Lohse, of the misbehavior of these workmen, in order to give evidence once more that every consideration is extended towards foreigners in this country. Things went on thus, the company never molesting them. The time came when the Apipilhuasco factory got its blowers and they were left to their own resources. Then this company, forgetting the past, opened again its doors to receive them, as may be seen by the telegrams and letter addressed by Mr. Santiago Lohse, which I inclose. In respect of the events which subsequently took place, and which resulted in their arrest, the tribunal, in its report, will give you the informations required. The company begs only to remark that, on this respect, although much annoyed on account of their bad behavior, it interceded in their behalf. Work began in glass-making about the month of December last. The company relied for its success on the diligence of the blowers, not only in order to get that they might be entitled to be punctually paid, but also in the interest of their own character and reputation. Work was started in good faith. It began with that confidence and trust which is the result of a great number of workmen who are expecting the reward of their labor. A new era was marked for a whole population, but our hopes were baseless. One month after having commenced work, Shields, Salm, and Weber, without any reason whatever, left the factory and went to Vera Cruz, carrying with them money and goods belonging to some commercial establishments of this town. They were consequently arrested upon the charge of swindling and abuse of confidence. Such behavior, Mr. Prefect, is quite sufficient to relieve me from giving an analysis of the case in order to show on which side the wrong lays. Have not these workmen a minister who represents their interests, and who would claim their rights before the national tribunals if they were wronged according to the existing contract, which stipulates the duties of each party? It would tire the attention of your tribunal if I attempted to explain all the events that took place during the last month; I will only state, in conclusion, that the factory has been obliged to stop working, suffering thereby very heavy losses. I protest to you the assurances of my distinguished consideration. Liberty and Constitution. Blowers are here. They wish to go there. What am I to do with them? Reply. SANTIAGO C. LOHSE. E. Mr. Lohse to Enciso, Alba & Co. MEXICO, August 27, 1881. DEAR SIRS: This letter will be delivered to you by the blowers, who, of their own accord, will leave this evening for that town. They called at my office to-day. I remonstrated with them in very strong terms, and they replied that they had never intended to leave you; that if they went to the other factory it was only for a visit. This may or may not be true, but under such circumstances I deemed it proper to address you the message to which I received your reply this morning. I have furnished them with sufficient money for their journey, aud with my next letter I will transmit the account. Yours, very truly, SANTIAGO C. LOHSE. Inclosure 6 in No. 388.] Mr. Lohse to Mr. Morgan. MEXICO, March 21, 1882. DEAR SIR: In answer to your communication of to-day's date, I beg to say that Mr. Enciso went to Apam the day after our interview, and will be back to-day. I have left him word at his house to call on me immediately on his arrival, and will then call on you to give you the results of his trip to the above place. Yours, obediently, [Inclosure 7 in No. 388.] Mr. Lohse to Mr. Morgan. JAMES C. LOHSE. MEXICO, March 24, 1882. DEAR SIR: In answer to your communication of this day's date, I beg to say that Mr. Enciso returned yesterday. It appears at present that the release of the men in question depends entirely upon the judge and not on Mr. Enciso. This is the only information I am able to give you at this moment. I am, sir, your obedient servant, Inclosure 8 in No. 388.] JAMES C. LOHSE. Messrs. Shields and Weber to Mr. Morgan. APAM JAIL, March 23, 1882. Hou. P. H. MORGAN: We most respectfully ask you why we are kept in jail when the judge here told me that we were free. We owe no man in Apam one dollar. We are restrained of our liberty; our health is impaired by lying on the ground. Philipe Enciso is the most silver-tongued liar in Mexico; he is the cause of all the trouble; he is no practical glass worker, consequently knows nothing about the business, and makes his case plausible, and at the same time condemns us. They were the first to break the contract. We most respectfully ask your official interference in our immediate release. In today's issue of the Two Republics we see you have realized $171 for the relief of distressed Americans; as our money will be run out by the 1st of April, please to do the best you can for us. Yours, respectfully, THOMAS SHIELDS, Late Private Sixty-second Pennsylvania Volunteers. [Inclosure 9 in No. 388.] Mr. Morgan to Mr. Shields. LEGATION OF THE UNITED STATES, SIR: I have received your letter of the 23d instant. I had hoped, after an interview which I had, some days ago, with Mr. Enciso and Mr. Lohse, that you would have been released from prison before now. In case it should be necessary for me to take any official steps in your case, I have to request that you will answer the following questions in the order in which they are asked: 1. Where were you born? If in the United States, in what State, and in what county of that State were you born? 2. If you state that you were not born in the United States, then state whether you went there from the country where you were born? How long did you live in the United States before coming to Mexico? 3. If you were not born in the United States, then say whether you were ever naturalized a citizen thereof? If you were, in what State were you naturalized, when were you naturalized, and by what court were you naturalized? If you have your naturalization papers inclose them, or any other documents upon which you base your claim to the United States citizenship. 4. Have you ever voted in the United States? If so, when and where? I am, sir, very respectfully, P. H. MORGAN. Hon. P. H. MORGAN: [Inclosure 10 in No. 388.] Mr. Charles Weber to Mr. Morgan. APAM JAIL, March 26, 1882. Yours of the 24th instant came to hand to-day. In reply to the following questions: 1st. I was born in Prussia. I left Prussia for America in the year 1863. I have lived in the United States of America eighteen years before coming to Mexico. Inclosed you will find my naturalization papers. I have voted in the United States, Pittsburgh, Pa., Allegheny County. I remain, yours, respectfully, CHARLES WEBER. [Inclosure 11 in No. 388.] Mr. Thomas Shields to Mr. Morgan. APAM JAIL, March 26, 1882. SIR: Yours of the 24th instant came to hand to-day. From the tenor of your remarks Mr. Enciso and Mr. Lohse were the cause of our detention in jail; also, heretofore, you have not said or done anything for us. The man you sent we gave him all the necessary information. You might sent a live man, not an old fossil that we could not understand. Mr. Enciso wanted us to sue Mr. Lohse for damages for bringing us here five months before they were ready to blow. 1st. I was born in Ireland. 2d. Sailed from Liverpool, England; lived in the United States of America thirtyone years before I came to Mexico. 3d. Naturalized in Pittsburgh, Pa.; was naturalized in 1860; Thomas Rowley, clerk of court common pleas. Did not bring my discharge from the Army, or any papers. Never expected to get into trouble. 4th. Voted oftentimes in the United States. Cannot understand why we are restrained of our liberty; some person or persons will have to pay for our imprisonment. Yours, respectfully, in fraternity, charity, and loyalty, THOMAS SHIELDS. APAM, March 16, 1882. I, Thomas Shields, do declare and say, that I am a citizen of the United States of America, registered in Pittsburgh in the year 1860, and have now in Pittsburgh an honorable discharge from the United States Army, Company L, Sixty-second Pennsylvania Volunteers, Col. Samuel Black commanding; am now a pensioner of the United States. [Inclosure 12 in No 388.] Mr. Morgan to Mr. Mariscal. THOS. SHIELDS. LEGATION OF THE UNITED STATES, SIR: I have been informed that early in January last, Thomas Shields and Charles Weber were, when at Vera Cruz, and on their way to the United States, arrested by virtue of a warrant from the judge of first instance at Apam, on the charge of swindling and breach of trust; that they were returned to Apam, where they were contined in prison; that on a hearing before the judge the charge against them was dismissed. That the record of the case was sent by the judge of first instance for revision to the superior court of the State of Pachuca; that bond was required of them before they could be released from prison pending the action of the superior court. That Francisco Enciso went on their bond, upon which they were released; that subsequently Enciso retired from their bond, whereupon the judge ordered their rearrest, and they are now in prison. I am informed that, under Mexican law, the judge had no right to permit Enciso to retire from the bond which he had entered into. The action of the judge therefore in consigning them again to prison was illegal and their detention therein a wrong. These men have appealed to this legation for protection. Thomas Shields states that he is a citizen of the United States. Charles Weber has produced to me the evidences of his citizenship. If I have been correctly informed as to the law, the judge of first instance at Apam has violated it in the persons of these men. I have, therefore, to bring the matter to the knowledge of your excellency, and to ask that your excellency's government cause them to be released from the continement to which they are now unlawfully subjected. I renew, &c., [Inclosure 13 in No. 388.] Mr. Morgan to Mr. Mariscal. P. H. MORGAN. LEGATION OF THE UNITED STATES, SIR: On the 1st instant I addressed to your excellency a note calling attention to the fact that Thomas Shields and Charles Weber were illegally held in prison by the judge of first instance at Apam, and requesting that your excellency's government would cause them to be liberated from confinement. I most respectfully, but earnestly, ask from your excellency an answer to my note. I renew, &c., P. H. MORGAN. [Inclosure 14 in No. 388-Translation.] DEPARTMENT FOR FOREIGN AFFAIRS, Mr. MINISTER: I have the honor to reply to your excellency's note of the 1st instant, relative to the supposed violation of the law by the judge of first instance of Apam, against Thomas Shields and Charies Weber, charged with swindling and breach of trust (abuso de confianza), informing you that as neither Shields nor Weber appear to have been matriculated as belonging to any nationality, it is not possible to accept the official intervention of your excellency in their behalf (en este asunto), even supposing they had exhausted all their legal remedies, which they should have done. I renew, &c., IGNACIO MARISCAL. [Inclosure 15 in No. 388.] Mr. Thomas Shields to Mr. Morgan. APAM JAIL, April 4, 1882. DEAR SIR: By request of my companions I write again. We want to know the cause of our detention in jail so long. We are among murderers and thieves, and criminals of all kind. Eaten up with vermin. Our health is impaired. All of us has got the rheumatism by lying on the bare ground. Our money is run out. We cannot live on the prison fare. It is second Andersonville. We do not owe one dollar in Apam. The judge fold Thomas Cleer when he was clear we all were clear also. We want to |