Mr. Plumb to Mr. Seward.

No. 206.]

Sir: On the 22d ultimo, I received from Mr. Ulrich, consul at Monterey, a letter under date of 12th ultimo, of which I beg to inclose copy herewith, in which he informs me that, on the 11th of September, the judge at Monterey gave his final decision in the case of the American citizens who were maltreated at that place.

I had expected that before this a copy of that decision would have been communicated to me by this government, but no communication whatever has been made to me on the subject of that outrage since Mr. Azpiroz’s note of the 11th of August last, in which he stated that he had asked from the governor of Nuevo Leon the official documents in this affair, directing that the same be punctually remitted by return of mail. A copy of that note was transmitted to the department with my dispatch No. 171, of the 12th of August.

By the report of congressional proceedings, published in the Siglo XIX of yesterday, I see that Mr. Narciso Davila, late secretary of the governor of Nuevo Leon, who, according to the depositions of the parties aggrieved at Monterey, gave the orders for their arrest and ill treatment, has arrived at this capital, and, his credentials having been approved, was sworn in and took his seat as a member of the national congress on the 12th instant.

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. Ulrich to Mr. Plumb.

Sir: On yesterday the judge gave the final decision in the case of the six American citizens who were maltreated here.

The result is about what we all looked for, and while the decision punishes some of the parties concerned in the outrage, it still allows the principal instigator to go free.

The judge imposes a penalty of fifteen months’ incapacitation to hold office on Juan Vara, who was warden of the jail. The parties who did the whipping, &c., in the jail, being already prisoners under long sentences, are not much incommoded by the penalty of being compelled to work on the streets for some months after their terms have expired, as a punishment for this offense.

Mr. Davila, ex-secretary of Governor Trevino, is not reached by this decision. The judge declares, in his statement, that there is no tribunal here before which he can be brought. If this be the case, we are then placed at the mercy of every petty official who may wish to annoy us. As Mr. Davila is the guilty party beyond a doubt, the others having been merely tools in his hands, there should be some tribunal competent to give him his deserts.

No notice whatever has been taken of the worst feature of the case, Davila’s allowing the young Mexicans of the party, who were equally culpable with the others, to go to their homes, while the Americans alone were sent to jail. And, besides, there is no doubt but that it was through his orders that they were treated so severely.

As you, no doubt, will be furnished by the authorities with a copy of this decision, I think, on seeing it, you will agree with me in the opinion that the penalties affixed, and the character and position of the parties punished, is but a poor satisfaction to the persons aggrieved.

I have the honor to be your obedient servant,

J. ULRICH, Consul.

Hon. E. L. Plumb, United States Chargé d’ Affaires, Mexico.