tives, of the 25th ultimo, by Thomas Shields, Charles Weber, and Philip Salm, and which reads as follows: We are released from jail, and have had an interview with the Hon. P. H. Morgan, and, from evidence produced, we are satisfied he has done all in his power for us. We make this statement without any mental reservation. Respectfully submitted. The PRESIDENT. FRED'K T. FRELINGHUYSEN. Mr. Morgan to Mr. Frelinghuysen. No. 388.] LEGATION OF THE UNITED STATES, SIR: In my dispatch No. 370, March 4, relating to the imprisonment of Thomas Shields and Charles Weber, I informed you, from the report which had been made to me by the party whom I had sent to Apam, that these men had been acquitted of the charge upon which they had been originally arrested, but that they were again in durance, charged with having violated the police regulations of the town, from which they would be released. I had, therefore, hoped that in a few days, at furthest, they would have been set at liberty. On the 10th March I was called on by Thomas Cleer, who informed me that the men were still in prison. Cleer was one of the party who came out to Mexico with Shields and Weber, about whom this trouble has arisen. He brought with him, and handed to me, a document dated at Apam the 8th March, and signed by himself, Shields, Charles Weber, and Philip Salm. The document is drawn up in the Spanish language. I inclose the original and a translation. The document states that the subscribers are citizens of the United States. (It is proper I should state that Salm is a German, and does not pretend to be anything else.) The subscribers say that they were hired in Pittsburgh to come out to Mexico as glass-blowers at Apipilhuasco, in a factory, the director of which is Mr. Philip Enciso, and that they were to receive $130 per month in United States currency, to commence from 14th July, 1881, when the furnace was at work, and $1 per day when it was not; that on their arrival here they were sent to Apam instead Apipilhuasco, where they found that the building was not completed, and that they told Enciso, the manager of the works, that they would go to Apipilhuasco. That Enciso told them to fear nothing; that their pay at the rate of $130 per month would run as though they were at work; that, tranqualized by these assurances, they waited until the month of December, asking in the meanwhile for their pay, which, up to the present time, they had not been able to obtain; while, on the contrary, Enciso pretends that they are drunkards, having sent them to prison, from which they could only be released by the payment of a heavy fine; that on the second January they again asked for a settlement, which, not obtaining, they determined upon quitting the factory and returning to the United States; that when they reached Vera Cruz they were again arrested by the authorities of Apam and taken to the common jail for the second time, charged by Enciso with being swindlers; that after having spent a month in jail, deprived of every resource, the judge advised them it would be well if they could come to an agreement with Enciso, other wise they would be subjected to severe penalties, which advice they resolved to and did take. Their arrangement was that Enciso was to withdraw his complaint, upon which they were to be set at liberty; that they were to go to work again for Enciso, who was to pay them $153.46 per month, and 9 cents additional for each extra glass cylinder which they might blow; that under this agreement they were released; that they went to work and worked during the month of February; that at the end of that time Enciso refused to pay them what they considered themselves entitled to, and that they determined again upon leaving his employ; that on the 2d of March they were again imprisoned without being informed of the cause of this arbitrary act, and were thrown amongst thieves and assassins, without covering, and without being allowed to obtain their own clothing from the factory; that three days after their arrest the judge, after having heard them, declared that he had no jurisdiction over their case, as it was a question of police, and sent them before the Jefe Politico, who removed them from the common jail to the "station house"; that Thomas Cleer was released upon the payment of the usual fine, but that the others were detained in default of bail in the sum of $500. I then took Mr. Cleer's statement of the case, and I'inclose a copy of it. I do not deem it necesssary to give a synopsis of it here further than to call your attention to the fact that the men had been released from custody on the charge of swindling, and that they were in prison on the charge of drunkenness, as I telegraphed you; also that they had been discharged for that offense, and that they were again sent to prison because Mr. Enciso had declared that he would not remain bound for them, which does not tally with the account given by Shields, Weber, Cleer, and Salm, from which I have just quoted. As the statement of Cleer did not altogether correspond with the statement signed by him as well as the others, I had the same acknowledged before the consul-general. The discrepancy between these statements induced me, for the purpose of ascertaining the facts, to send again to Apam. This time I chose a Frenchman, a naturalized citizen of the United States, named Créty, who has lived in the country many years, and who speaks English as well as Spanish, and whom I particularly instructed to obtain a copy of the records of the proceedings in the case. Mr. Créty reported to me that Mr. Enciso had declared to him that he had withdrawn his accusation against the men, but refused to go with him before the judge and make a declaration thereof; that the creditors had all been paid except one, to whom there was a balance due of $14; that the men had been arrested on the affidavit of the parties from whom they had procured goods just before they left Apam, on their way home, but that the affidavit had been made at the instance of Enciso. I had instructed him to ascertain the nationality of these men, and to obtain from them, if possible, any evidence of their citizenship which they might possess. Upon this point he reported that Charles Weber showed to him his naturalization papers, which appeared to be in regular form, but declined to give them to him. Thomas Shields said that he was born in Ireland, that he had served in the Union Army, and that he had no naturalization papers. A copy and translation of Mr. Créty's report I inclose. Mr. Créty also brought with him and delivered to me a statement of the case, which I had instructed him to obtain, if possible, from the judge. The original and translation of this document I inclose. From this statement it appears that these men were arrested on a charge of breach of trust and swindling made against them by Philip B. Enciso on the 4th January last; that the arrest was made at Vera Cruz in virtue of a warrant to that effect; that a judgment having been rendered by which the charge was dismissed, and the judgment not being final until it should be passed upon by the superior judge at Pachuca, the record had been sent to him on the 16th February, the prisoners having been admitted to bail, the bail to stand until the decision of the superior judge should be made known, Enciso having become their bondsman. But that, on the 4th of the month of March, Enciso, declaring that as the men would no longer work for him, he withdrew as their bondsman; upon which they were again imprisoned in conformity with article 231 of the code of criminal procedure of the State, in the interim of their furnishing other security, until their case had been revised by the superior tribunal, where the record is, for which reason he could not furnish the copy thereof which had been asked of him. In my dispatch No. 370 I informed you that within a short time after I had learned of the imprisonment of these men I had called upon Señor Mariscal, explaining their case to him as far as I could, and had asked him to have the case investigated and the proper relief afforded them. On the 14th March I received a note from him, accompanied by a report from the governor of the State of Hidalgo, a copy and translation of which I inclose. The governor writes to Señor Mariscal that as soon as he had received his communication he had applied to the judge of first instance, as well as to the director of the glass manufactory, asking for information upon the subject of the complaint which had been brought before him; that their reports had been made, and that he then forwarded them, with the statement that the antecedents and conduct of these men were bad; that they were arrested on a charge of fraud; that having abandoned Enciso's factory, he retired from their bond, upon which the judge had recommitted them to prison to await the decision of the case by the superior tribunal. The judge of the first instance declares in answer to the interrogatories propounded to him: 1. That the names of the parties are Thomas Shields, a native of Ireland, Charles Weber and Philp Salm, natives of Germany, according to their own statements. 2. That the records of his court show that in the month of September last Philip Salm was arrested for drunkenness; that on the 23d November Charles Weber and Philip Salm were arrested for the same cause; that on the 19th December they were again arrested upon the same charge; and that or the 10th January these same parties and Thomas Shields were imprisoned, charged with the offense of swindling and breach of trust (abuso de confianza), and that on the second of the pres ent month (March) they were again imprisoned for being drunk and disorderly. 3. That the said Shields, Weber, and Salm were arrested at Vera Cruz by warrant (exhorto) issued from that court, upon the charge of swindling and breach of trust, and that the case is now pending in the superior tribunal of the State. 4. That they remain in prison because the director of the glass manufactory retired from their bond, where, according to the law, they will have to remain until they furnish another bondsman. Accompanying this report is a statement of the case by Mr. Enciso. I do not think it proper to make a synopsis thereof, as I attach no importance to it. I inclose a copy and translation of it, simply because it was one of the documents accompanying the report of the governor of the State of Hidalgo. As soon as I was informed that the men had been arrested on the affidavits of two Frenchmen (and one Mexican), and that the claims of these with (the exception of a trifle), which remained due to one of them, had been settled, I called on the French minister, then the Vicomte de Richmond, stated the case to him, and asked him to be good enough to inform himself of the facts in so far as his countrymen were concerned, and, if he found them to be as I had stated them, to point out to them the danger they were incurring by allowing men to remain in prison when the cause for such imprisonment had ceased, and requesting him to use his influence with them to withdraw the charges they had made. The vicomte promptly and cheerfully promised his assistance. Some days after I received the visit of the secretary of the French legation, Mons. Ponqueville (the Vicomte de Richmond having in the mean time. left Mexico), who stated to me that one of the Frenchmen had said to him that Shields had swindled him, and that if he were discharged now he would cause him to be arrested again. About the same time I received the visit of Mr. James Lohse and Mr. Enciso. Mr. Enciso's object in calling was to inform me of his side of the case. Mr. Lohse came with him, as it was through him that the men had been engaged to work in the factory. I listened to him attentively, and after he had concluded, I told Mr. Enciso that, from his own statement, I was satisfied the men had been arrested without just cause; that when they were released from prison they would have an action sounding in damages against those who had caused their arrest; that he must not suppose they were without friends, that counsel would be provided for them; that I felt persuaded he, Enciso, could cause them to be released, and that if I discovered they had been illegally dealt with, the judge, as well as himself would have to answer for it. Mr. Lohse said he would talk the matter over with Mr. Enciso and see what could be done, and they left me. In relation to this conversation I addressed a letter to Mr. Lohse. I did not keep a copy of the same and therefore cannot send one; I inclose, however, his reply thereto. Two days after, I addressed another note to Mr. Lohse; I cannot send a copy of this note either, because I did not consider it necessary to keep one; I however inclose his answer, from which yon will observe that Mr. Enciso had determined to leave the matter entirely in the hands of the judge. As all my extra official efforts on behalf of the men had so far failed, I considered it might become necessary for me to act officially. The first thing for me to do, to enable me to pursue that course, was to ascertain the citizenship of the parties. To this end I addressed a letter to each of them. As the letters are identical I content myself with inclosing a copy of only one of them, viz, the one directed to Thomas Shields. In the meanwhile Shields and Weber wrote me on the 23d March, claiming my official protection. This letter I inclose. I had not received it when I wrote my letter to them of the 24th. By return mail I received their replies to my letter of the 24th. He Charles Weber inclosed to me his certificate of naturalization. was naturalized at a court of common pleas, at Pittsburgh, Pa., on the 5th September, 1876. His certificate contains the seal of the court and signature of the prothonotary (B. F. Kennedy), and is regular in every respect. In my opinion he is undoubtedly a citizen of the United States. I inclose his letter. Shields, you will observe, from his letter of 26th March, which I inclose, informs me that he was born in Ireland; that he lived in the United States thirty-one years before he came to Mexico; that he was naturalized in Pittsburgh, Pa., in 1860, in the court of common pleas, of which court Thomas Rowley was clerk; that he did not bring his discharge from the Army in his papers as he never expected to get into trouble; and that he had often voted in the United States. Attached to this letter I send a statement in his own handwriting, made on the 16th March, in which he makes, substantially, the same statement. This is the only evidence he possesses, or which he has thought proper to furnish me, of his citizenship. On the 29th March, in an interview which I had with Señor Mariscal (referred to in my dispatch No. 377), I again called his attention, in an unofficial manner, to the condition of these men, and I was satisfied from his conversation that he had already interested himself in their behalf. It will naturally suggest itself to you that, inasmuch as these men were held in prison for want of bail, that the shortest method to obtain their release would have been to obtain bail for them. When I sent Mr. Créty to Apam, I instructed him upon the subject. He reported to me that he had complied with my instructions; that an American who was in the place to whom he had applied at first consented to go their bond, and then refused to comply with his promise, and that he had been unable to procure a bondsman. On the 29th instant I applied to Mr. Thomas Brauiff; Mr. Braniff is the resident English director of the Mexico and Vera Cruz Railroad. He is a citizen of the United States. Knowing that the company which he directs has agents at Apam, I appealed to him to endeavor to find bail for them. Mr. Braniff informed me this morning that he had not been able to procure the bond, the parties to whom he had applied having stated to him that from the character of the men they were satisfied that if released they would immediately leave the country, which would make them responsible for the amount of the same. Having exhausted all the unofficial exertions and influence I possessed in order to obtain their release, without avail, I determined to bring their case officially before the Mexican Government. Accordingly I addressed a note to Señor Mariscal upon the subject on the 1st instant, a copy of which I inclose. In this note I stated the case to him as succinctly and as clearly as I could, and I asked for their release upon the ground that according to Mexican law, having once been released on bail their bondsman could not surrender them, and therefore that their imprisonment was illegal. On the 4th instant, not having received a reply from Señor Mariscal, I addressed him another note, a copy of which I inclose. I have received Señor Mariscal's reply, a copy of which and translation I inclose. You will observe the secretary says that inasmuch as the men do not appear to have matriculated, my official interference in their behalf is not to be admitted, even if they had exhausted their legal remedies. To-day I received a letter from Mr. Shields, dated the 4th instant, in which he again asks the cause of his long detention in prison, and recites his condition therein, which I inclose. A copy of my reply, in which I sent him a copy of Señor Mariscal's note of the 4th, I inclose. A brief synopsis will place you in possession of the facts of this case. 1. Thomas Shields, Charles Weber, and Philip Salm were arrested at |