Mr. Clayton to Mr. Hay.

No. 2443.]

Sir: Referring to my dispatch No. 2389, of August 18 last, relative to the case of Messrs. H. C. Harding and H. E. Dugat, accused of an infraction of the fiscal laws of Mexico, I now have the honor to transmit herewith a copy of additional correspondence relating to the case.

I especially invite the attention of the Department to Mr. Mariscal’s note, of the 12th instant, and its inclosure, from which it will be seen that in lieu of assessing the penalty of forfeiture of the goods and the vehicle on which they were carried, and the mules and harness, the penalty fixed requires the payment of triple duties, besides the proper single tax upon the six packages of merchandise in question, upon the payment of which the bond given will be canceled.

Doubtless this action of the treasury department will soon bring to an end the judicial proceedings in the case. However, I have deemed it advisable to-day to address a note to Mr. Mariscal, calling his attention to the fact that the purpose of my note of the 4th of August last was for the expedition of the judicial proceedings in the case.

I have, etc.,

Powell Clayton.
[Inclosure 1.]

Mr. Clayton to Mr. Mariscal.

Mr. Minister: Referring to my note of the 13th instant relative to the case of H. C. Harding and H. E. Dugat, I have the honor to transmit herewith, for the information of your excellency, an extract from a letter, under date of the 19th instant, which I have just received from the American consul at Matamoros. The consul’s allusion to the fact that the guard, Arguelles, is a nephew of the governor has no weight in the matter, according to my opinion, as I do not believe that the governor would be influenced by that fact in the performance of any of his official duties.

I hope that your excellency may soon be able to inform me that the case against these American citizens has been judicially determined, or dismissed.

I have, etc.,

Powell Clayton.
[Subinclosure.]

Mr. Griffith to Mr. Clayton.

[Extracts.]

I have evidence in other cases where parties proceeding beyond the city limits had forgotten to procure a permit were not apprehended, but were told to return and secure one, for which, according to the Mexican law, they were charged double price, or 50 cents Mexican money. Mr. Harding was not so informed by the guard on duty on that day, whose name is Arguelles, and who is a nephew of the governor, but was immediately taken back to the custom-house, his provisions, wagon, and mules seized and himself and companion detained in this city for several weeks, on account of which he was enabled to plant only about one-half the acreage of rice which he had originally intended. One of his [Page 467] mules, which was held here during this time, died. He has lost his credit at the banks, and told me the other day he did not know how or where he could borrow enough money to finish harvesting his crop. He is still under a $300 bond, and until his bondsmen are released he can not visit his children, who live near Houston, one of whom is sick.

* * * * * * *

I am, etc.,

P. Merrill Griffith.
[Inclosure 2.—Translation.]

Mr. Mariscal to Mr. Clayton.

Mr. Ambassador: Referring to your excellency’s note, dated August 4 last, relative to the case of Messrs. H. C. Harding and H. E. Dugat, charged with infraction of the general customs regulations, I have the honor to inclose herewith a copy of a communication addressed to me by the secretary of the treasury, informing me that the matter has been closed with respect to the administrative authority, and that so far as it concerns the judicial power, the district court which took cognizance of the matter should pronounce the proper decision.

I renew, etc.,

Igno. Mariscal.
[Subinclosure.—Translation.]

Secretary of the Treasury to the Secretary of Foreign Affairs.

Referring to your courteous note, No. 165, of August 6, last, I have the honor to say to you: That in view of the record made by the custom-house at Matamoros in the case against Messrs. H. C. Harding and H. E. Dugat, on account of their having infringed the general customs regulations, the President of the Republic was pleased to approve in every respect the proceedings of the aforesaid custom-house, owing to the fact that the same were in accordance with the above-mentioned regulations, with the only exception that in lieu of assessing the penalty of forfeiture of the goods and the vehicle on which they were carried, and of the mules and harness, the penalty should be that of triple duties, besides the proper single taxes, upon the six packages of said merchandise carried by the aforesaid gentlemen without the documents required by law; with the understanding that the bond given by the same shall be canceled so soon as they pay the duties in question; the above proceedings bringing the matter to an end, with respect to the administrative authority, but so far as it concerns the judicial power this department can not take any action, as the proper decision depends from the district court which took cognizance of the case.

I renew, etc.,

By order of the secretary:

R. Nuñez, Subsecretary.
[Inclosure 3.]

Mr. Clayton to Mr. Mariscal.

Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s note of the 12th instant, in which your excellency refers to my note of August 4, last, relative to the case of H. C. Harding and H. E. Dugat, charged with an infraction of the general customs regulations of Mexico, and with which is transmitted to me a copy of a communication addressed to your excellency by [Page 468] the secretary of the treasury, conveying the information that the matter has been closed with respect to the administrative authority.

While I am very glad to be informed of the action of the treasury department, as requested in my note of August 13 last, if your excellency will kindly refer to my note of the 4th of the same month, you will observe that it was for the expedition of the judicial proceedings in these cases that I invoked the good offices of your excellency, which in view of the long pendency of said proceedings, if not already exercised by your excellency, I again respectfully invoke.

I have, etc.,

Powell Clayton.