MEXICO. IMPRISONMENT OF H. C. HARDING AND H. E. DUGAT IN MEXICO. Mr. Hay to Mr. Clayton. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 28, 1904. (Mr. Hay instructs Mr. Clayton to inquire into the circumstances connected with the imprisonment of Harding and Dugat, which took place at Matamoros, for a technical but insignificant infraction of local laws, and if the facts in the case seem to warrant it to use his good offices to effect their release.) No. 2128.] Mr. Clayton to Mr. Hay. AMERICAN EMBASSY, Mexico, January 29, 1904. SIR: I have the honor to acknowledge the receipt of your telegram of yesterday. * * * This matter had already received attention at my hands, having been brought to my knowledge by the consul at Matamoros, by telegram, copy herewith. On the 14th instant I addressed a note to the foreign office, copy inclosed, requesting that such prompt action be taken by telegraph as would lead to a proper disposition of the case. I inclose copy and translation of Mr. Mariscal's reply stating that the matter was referred to the treasury department for as early a report as posible. * * * * * * * On the 21st instant I telegraphed the consul, asking the status of the case and to keep me advised. To which he replied, by telegraph, on the 25th instant, stating that the men had not then been released. Thereupon, on the 26th instant, I, by note, brought the matter to Mr. Mariscal's attention, copy inclosed, reiterating my request for prompt action. If the matter proves to be, as reported in the consul's first-mentioned telegram, I hope soon to be able to report the release of the accused. POWELL CLAYTON. I have, etc., [Inclosure 1. Telegram.] Mr. Griffith to Mr. Clayton. AMERICAN CONSULATE, Matamoros, January 13, 1904. H. C. Harding and H. E. Dugat, both born and now American citizens and strangers of only about two weeks' time in the Republic of Mexico, have for the last ten days been held under arrest in this city of Matamoros for failure to comply with article 690, section 3, of the law internacion de mercancias procedentes de la zona libre, which law requires a permit costing but 25 cents, Mexican money, to take goods beyond the city limits of said city of Matamoros. They had purchased from a Mexican store in Matamoros groceries for their own personal consumption amounting to $11.37, Mexican money, and were openly returning to their camp, near Matamoros, where they were working upon a rice farm, when they were arrested just outside the city limits by a Mexican customs guard in the garita named Manuel Arguelles, whom they had just openly passed in their two-horse wagon, in which said groceries were being carried, said guard not having stopped or notified them as they passed. Upon a very careful and full investigation I am satisfied that the offense of these men, if any, was purely technical, insignificant in itself, and one in entire ignorance of the law, and even if knowingly guilty of such a trifling offense their arrest and confinement for the past ten days is in itself a very severe and ample punishment. The sympathy of the most prominent and reliable persons in this city regardless of nationality is strongly in favor of these men. In view of the foergoing, and the absolute truth and justice of the matter, I most earnestly appeal to you, in the proper protection of our American citizens, to use your immediate and most earnest efforts in the proper quarters to have the case against these men at once dismissed, and that they be at once liberated and all of their property immediately restored to them. P. MERRILL GRIFFITH. [Inclosure 2.] Mr. Clayton to Mr. Mariscal. AMERICAN EMBASSY, Mexico, January 14, 1904. MR. MINISTER: I have the honor to transmit, herewith, a copy of a telegram of yesterday from the American consul at Matamoros concerning the arrest of the American citizens H. C. Harding and H. E. Dugat at that place. According to the consul's statement, which I have every reason to believe to be correct, the offense would seem to be of a trival character, not meriting such harsh treatment. I beg that your excellency will take such prompt action, by telegraph, as will lead to a proper disposition of this case. I have, etc., POWELL CLAYTON. [Inclosure 3.—T Mr. Mariscal to Mr. Clayton. DEPARTMENT OF FOREIGN AFFAIRS, MR. AMBASSADOR: I have had the honor to receive the note of this date with which your excellency was pleased to transmit a copy of a telegram from the American consul at Matamoros relating to the arrest of Messrs. H. C. Harding and H. E. Dugat for infraction of the fiscal laws. In reply I have the pleasure to say to your excellency that I have referred the said note to the department of the treasury, with the request that it will ask for a report upon this matter as soon as possible and that it will transmit the same to this department, of which I will take care to inform your excellency. I renew, etc., IGNO. MARISCAL. [Inclosure 4.] Mr. Clayton to Mr. Mariscal. AMERICAN EMBASSY, Mexico, January 26, 1904. MR. MINISTER: Referring to my note of the 14th instant, regarding the imprisonment at Matamoros of Messrs. H. C. Harding and H. E. Dugat for infraction of the fiscal laws, I have the honor to inform your excellency that a telegram from the consul at that place informs me that this case is still unsettled and the accused persons still in prison. I trust that this matter may receive such prompt action as the case may justify. SIR: I have the honor to inclose copy and translation of a note from Mr. Mariscal stating that my note, reiterating my request for prompt action in the case of H. C. Harding and H. E. Ďugat, imprisoned at Matamoros, was referred to the treasury department with the renewed request that prompt investigation be made. MR. AMBASSADOR: I have received the note, dated yesterday, in which your excellency was pleased to inform me that, according to a telegram from the consul of the United States at Matamoros, Messrs. H. C. Harding and H. E. Dugat, accused in the said city of infraction of the fiscal laws, are still in prison. In reply, I have the honor to say to your excellency that I have sent a copy of the said note to the department of the treasury repeating the request which I had made before and of which I informed the embassy in my note of the 14th instant. I renew, etc., IGNO MARISCAL. Mr. Clayton to Mr. Hay. No. 2378.] AMERICAN EMBASSY, Mexico, August 4, 1904. SIR: Referring to previous correspondence relating to the arrest and imprisonment at Matamoros of Messrs. H. C. Harding and H. E. Dugat, I have the honor to transmit a copy of correspondence between the American consul at Matamoros and this embassy relating to the case. For the reasons stated in the consul's letter, I have, in my note to-day (copy inclosed) again brought the matter to the attention of the Mexican foreign office, invoking the minister's good offices for the expedition of the judicial proceedings in these cases. I have, etc., POWELL CLAYTON. [Inclosure 1.- Translation.] Mr. Griffith to Mr. Clayton. AMERICAN CONSULATE, SIR: I have the honor to advise you that the case of Harding and Dugat, concerning which I telegraphed you last January, has never been settled. My intercession in their behalf had the effect of a reduction of their bond from $2,000 gold to $300 Mexican and their release, but the case has never been settled. This $300 bond still hangs over them. One of the men is a rice planter near Matamoros, on the Mexican side, and is desirous of visiting his children, near Houston, but can not leave on account of this bond. I take the liberty of suggesting that you write to Lic. José H. Serret, judge of the second district, in Nuevo Laredo, to whose court the case has been transferred, and see if you can obtain any information as to when this case will be settled, or do whatever else you deem proper. P. MERRILL GRIFFITH. I am, etc., [Inclosure 2.] Mr. Clayton to Mr. Mariscal. AMERICAN EMBASSY, Mexico, August 4, 1904. MR. MINISTER: Referring your excellency to my notes of January 14, 18, and 26 and February 16, 1904, relative to the arrest at Matamoros of Messrs. H. C. Harding and H. E. Dugat, charged with an infraction of the fiscal laws, and to your excellency's notes of the 14th of January and 10th of February last on the subject, I now have the honor to transmit herewith a copy of a communication from the American consul at Matamoros, from which it appears that these cases are still pending. For the reasons stated therein I invoke the good offices of your excellency for the expedition of the judicial proceedings in these cases. I renew, etc., POWELL CLAYTON. No. 2389.] Mr. Clayton to Mr. Hay. AMERICAN EMBASSY, Mexico, August 13, 1904. SIR: Referring to my dispatch No. 2378, of the 4th instant, and previous correspondence, relative to the case of Messrs. H. C. Harding and H. E. Dugat, accused of an infraction of the fiscal laws of Mexico, I have the honor to transmit herewith a copy of additional correspondence relating thereto, and a translation of so much as is in Spanish. POWELL CLAYTON, I have, etc., [Inclosure.-Translation.] Mr. Mariscal to Mr. Clayton. DEPARTMENT FOR FOREIGN AFFAIRS, MR. AMBASSADOR: I have received your excellency's note, dated the 4th instant, with which your excellency was pleased to transmit a copy of a communication from the consul of the United States at Matamoros, relating to the case of Messrs. H. C. Harding and H. E. Dugat, charged with an infraction of the fiscal laws, which case is still pending, according to the statement of the aforesaid consul. In reply I have the honor to say to your excellency that I have already transmitted said documents to the department of the treasury for proper action. I renew, etc., IGNO MARISCAL. Mr. Loomis to Mr. Clayton. No. 1153.] DEPARTMENT OF STATE, Washington, September 19, 1904. SIR: Referring to your previous correspondence reporting the release of Messrs. Harding and Dugat from prison in Mexico on bond, I inclose herewith a copy of a dispatch from the American consul at Matamoros, reporting that the bond for $300 given by those gentlemen is still in force, and that the case has never been settled. He furthermore says that Mr. Harding is very anxious to visit his family, in Houston, Tex., one member of which is sick, but is prevented from doing so by the conditions of the bond. You will take such action for the relief of Mr. Harding as you may deem appropriate. I am, etc., FRANCIS B. LOOMIS, Acting Secretary. [Inclosure.] Mr. Griffith to Mr. Loomis. AMERICAN CONSULATE, Matamoros, September 1, 1904. SIR: I have the honor to address the Department of State relative to the case of Harding and Dugat. This is probably the most important case which has required the intervention of this office during the present year. The result of my appeal to the Department of State was a lowering of the bond from $2,000 gold to $300 Mexican, and the defendants allowed to go beyond the city limits to their rice farm, which is situated about 3 miles from the city. This last bond of $300 still remains in force, and the case has never been settled. The defendant, Mr. Harding, is very anxious to visit his family, in Houston, Tex., one member of which is sick. I have written to Lic. José H. Serret, district judge at Nuevo Laredo, to whose court the case has long since been transferred, asking him to be kind enough to inform me when the case would be determined, but have received no reply. I wrote also to Ambassador Clayton, urging him to have the matter attended to, and further advising him that if the courts here did not see fit to settle the case soon I would be compelled to lay the whole matter before the Department of State for such action as it deemed proper. |