Mr. Plumb to Mr. Seward.

No. 178.]

Sir: Under the instructions contained in your dispatch No. 65, of the 29th of May last, received by duplicate on the 13th instant, relating to the death of Mr. John Braniff, a citizen of the United States, from wounds inflicted by a band of robbers while at work upon the Puebla branch of the Mexico and Vera Cruz railway, in April last, I addressed a note to the department of foreign affairs of this government, on the 14th instant, of which I beg to transmit a copy herewith. I have to-day received a reply, under date of the 18th instant, from Mr. Azpiroz, in charge of the department, of which I beg also to transmit a copy and translation herewith.

In this reply it is stated that as there are not in the department of [Page 569] foreign affairs antecedents relative to whether the apprehension of the murderers of Mr. Braniff has been effected, the necessary information has been asked from the governors of the States of Puebla and Tlax-cala, and that when it arrives the government will direct what injustice may be required.

Mr. Azpiroz takes exception to the observation contained in my note, that cases such as that treated of are unfortunately common in Mexico, and that their frequency is no doubt owing to the comparative impunity of the offenders.

I have not thought it necessary to make any reply to his remarks under this head, unless I should receive your instructions to that effect.

I have the honor to be. very respectfully, your obedient servant,

E. L. PLUMB.

Hon. William H. Seward, Secretary of State, Washington, D. C.

Mr. Plumb to Señor Azpiroz.

Sir: In a dispatch under date of the 29th of May last, but which only reached me yesterday, I am advised that the Department of State at Washington has been informed by Mr. Black, the vice-consul of the United States in this city, of the death of Mr. John Braniff, a citizen of the United States, from wounds inflicted by a band of robbers at a bridge on the Puebla branch of the Mexico and Vera Cruz railway, in April last.

The Secretary of State adds, that although such events may and do happen in every country, they are unfortunately common in Mexico, and their frequency is no doubt owing to the comparative impunity of the offenders.

I am instructed to bring this case to the attention of the Mexican government, and to express the expectation of the government of the United States that the government of Mexico will exert all its authority to bring the murderers of Mr. Braniff to justice. I have the honor to be, very respectfully, your obedient servant,

E. L. PLUMB.

Hon. Manuel Azpiroz, Chief Cleric in charge of the Department of Foreign Affairs of the Mexican Republic.

[Translation.]

Señor Azpiroz to Mr. Plumb.

Sir: I received yesterday your note of the 14th of the present month, in which you have been pleased to communicate to me that you have instructions from your government to submit to the consideration of the Mexican government the case of the assassination committed by certain robbers upon the person of the citizen of the United States, Mr. John Braniff, at Santa Cruz, between Apizaco and Puebla, in the month of April last; and to state that the government of the United States expects that of Mexico will use all its authority to have the assassins delivered up to justice.

As there are not in this department antecedents relative to whether the apprehension of the murderers of Mr. Braniff has been effected, the necessary information was yesterday asked from the governors of Puebla and Tlaxcala, and when it arrives the government will direct what in justice may be required.

To this I should limit myself, if in your said note there was not found the idea that to the impunity which, up to a certain point, criminals have in Mexico, it is due, without doubt, that cases such as that treated of are more frequent in this than in other countries.

If with impartiality the circumstances of Mexico are considered—due to the war which for a long time has overthrown public order in this country, and to other causes well known to all, but beyond the volition and against the interests of the people and of the government of Mexico—neither the government nor the people of Mexico can be [Page 570] blamed because robberies and assassinations are committed here; nor, in comparing these crimes with those that are found to be committed in established countries in identical circumstances with those of Mexico, can the statement be ventured that they are here more frequent.

Notorious are the efforts that the government has made and is making to completely re-establish security for the lives, the rights, and the property of all the inhabitants of the republic. These efforts have so far had the best possible results.

The malefactors apprehended are submitted to the tribunals, or exemplarily punished in the act of being caught en flagrante, in conformity with the laws of the country.

The constant and efficacious persecution of evil doers, and their treatment according to the laws, is very far from signifying impunity.

I am, sir, very respectfully, your obedient servant,

MANUEL AZPIROZ, Chief Clerk.

Mr. Edward Lee Plumb, Chargé d’Affaires of the United States of America in Mexico.