bly with the explanatory resolution circulated on the 2d of November, 1833. I could not, therefore, but proceed to the proper examination, and, in order to secure its results, I was also obliged to take the proper precautions, which in such cases are invariable; namely, those for the detention and securing the cargo itself, on which the penalty might fall in the end; all which in fact was done; not secretly, but as publicly as our order of proceeding admits; not in darkness, but with all the light which renders its substantiation just and legal; in this manner the proceedings were conducted.

My first measure was, as will be seen by the second sheet, the following order:

Let the the party proceed to the office of the promotor fiscal (district attorney) after having been cited there to appear.

In consequence of which, at that place was read the solemn notification given, through the interpretation of Don Carlos Aubry, to Captain Holbrook, who at the time confessed, as may be seen on the second sheet, that he had not presented the special manifests; but that the omission of them had been involuntary on his part, because the consul had explained to him that it was unnecessary, and he, as a stranger, was ignorant of the laws of the country. This admission established the fact beyond doubt, but the excuse was most weak and exceptionable; for how could Captain Holbrook prove the declaration which he alleged to have been made by our consul ? It cannot be believed that the officer should have so openly contradicted our regulations on this subject, which are so clear and explicit. But even though he should have done so, it must have been most privately; and if so, how could it be established sufficiently before the court? As to his ignorance of the laws, every one knows that such a plea can be of no avail. Notwithstanding this, I thought proper to require a written statement from the custom-house; I added thereto all the papers relative to the affair which were in that office, admitting in the number a paper in five sheets, signed by the captain and the consignee, Don Pablo Pasqual y Mila; in which, contradicting the first reply, the want of the special manifests was denied; and it was added, that there was one drawn up, in form, which had been presented to the guard on his visiting the ship, and had been retained by him.

The whole was submitted to the parte publica, which, after a minute examination of each document, concluded by admitting

1. That there were three general manifests, and one special, certified by the Mexican consul.

2. That two copies of the special manifest were wanting.

3. That the only one presented did not bear the signature of the person who issued it, as required, 4th article of the pauta de comisos law, (or tariff of confiscations.)

4, and last. That although the said manifest did indeed contain some goods sufficiently specified, such as Indian corn and flour, yet it included. others which were not so, such as bread, biscuit, spirits of turpentine, furniture, and provisions; therefore, the confiscation of these latter articles was prayed for, agreeably to the sixth article of the pauta, and, moreover, the application of a fine of fifty dollars, for the faults committed, both as regards the want of signature of the person issuing the manifest, and of the two copies required by the law. I considered this petition just and

equitable, for which reason I agreed to it definitively by my act of the 25th of July.

I did not take into consideration the precipitate confession of Captain Holbrook, but merely looked at the facts as they appeared from the results of the trial. I did not rely on the principle of law which gives so much force to the confession of the party, nor did I give great weight to a contradiction which might have been attributed to malice on the part of the defendant; I endeavored to discover what was just and lawful, and I left full room for the defence. I attributed to the ignorance or error of Holbrook every thing by which he condemned himself; and, finally, I was governed in my opinion by the cardinal principle of discovering the truth and keeping good faith.

My sentence was declared, and if the captain considered it unjust, and viewed himself injured by it, he could appeal to your superior tribunal; this, however, he did not do, but, acknowledging the receipt of the notification, as by the fifteenth sheet, he let pass the period within which he could have appealed.

It was at length necessary to carry my decision into effect, and as it was partly absolvatory, I could uot do so unless upon security, according to the 17th article of the tariff, (pauta.) I required the whole cargo as security, and having authorized this, I submitted the opinion to the superior tribunal, which, by definitive sentence of September 30th, confirmed mine in every particular.

It therefore resulted, first, that the detention of the cargo, although decreed to be necessary, lasted only the shortest space of time possible-two days at the end of which it was delivered up on security. Secondly, that the vessel was never for a moment detained, by order of this court, which, considering that the penalty never could fall upon it, I did not think it necessary to attach it for a moment; if the seizure might have affected it, it might have been caused by the acts of the captain himself; by his unjust distrust; by his disputes with his consignees as to the payment of freight, which was denied him, for reasons with which this court has not and had no concern; and, moreover, from his want of resources, and of sufficient security to his consignees, and to those who had acted as bail for him during the trial.

With regard to the denial of testimony alleged by him, I have to assure you, sir, that it has never been asked of this court; and that, even according to the statement of the complainant, it was not asked for until the original decision had been delivered to the higher court; for which reason, and as I had no authority to require it, I refused, although I hinted at the same time how it might be obtained.

God and the law.

To the JUDGE of the

DIEGO SANTA CRUZ.

Circuit of Yucatan, Tabasco, and Chiapas.

Mr. Castillo to Mr. Dickins.

[Translation.]

MEXICAN LEGATION, Philadelphia, July 28, 1836.

The undersigned, chargé d'affaires of the Mexican republic, has the honor to enclose herein to Mr. Dickins, Secretary of State ad interim of the United States, an official despatch which he has received from his Government, by the last packet from Vera Cruz, with instructions therefrom to deliver it to the honorable Mr. Forsyth; and since he is at the present time absent from the federal city, the undersigned prays Mr. Dickins will be pleased to take care that said packet reaches his hands as soon as may be.

The undersigned renews, &c.

J. M. CASTILLO Y LANZAS.

The acting Secretary of State of Mexico to the Secretary of State of the

United States.

[Translation.]

PALACE OF THE NATIONAL Government,

Mexico, May 11, 1836.

The undersigned, chief officer charged with the direction of the Department of Relations of the Mexican republic, has the honor to inform his excellency the Secretary of State of the same Department of the United States of America, that Mr. Powhatan Ellis has presented his most esteemed note of the 29th January last, in which he is pleased to communicate the appointment of that gentleman, by the President of those States, as chargé d'affaires in this republic.

The sentiments which prompt this Government to strengthen the bonds of amity now existing between the two nations, and the commendable qualities of Mr. Ellis, with other circumstances, contribute to render the said appointment gratifying to his excellency the acting President; and the undersigned, therefore, has the satisfaction to announce to the Secretary of State that Mr. Powhatan Ellis has been this day received and recognised in his character of chargé d'affaires; and that entire faith and credit will be given to all that he may say on the part of the nation which accredits him.

The undersigned at the same time avails himself of the present opportunity to repeat to the most excellent Secretary of Relations, whom he addresses, the assurances of his high esteem and most distinguished consideration.

JOSE MARIA ORTIZ MONASTERIO.

To his Exc'y the SECRETARY OF FOREIGN RELATIONS

of the United States of America.

Mr. Gorostiza to Mr. Dickins.

[Translation.]

PHILADELPHIA, July 28, 1836.

The undersigned, envoy extraordinary, &c., considers it his duty to call the attention of the Hon. A. Dickins, acting Secretary of State of these United States, to the third paragraph of the editorial article in the Globe of this day, in which, as the undersigned conceives, the President of the United States is calumniated, by being represented as speaking of the Chief Magistrate of a friendly nation in terms entirely at variance with that delicacy, prudence, and justness, for which he is so justly celebrated. The undersigned, however, would not have noticed this paragraph, had he not read it in a newspaper which, from its publishing occasionally some acts of the Government, has improperly acquired abroad the character of an official journal. For this reason alone, and not because he places the slightest faith in its calumnious assertions, the undersigned has addressed the present note to Mr. Dickins, with the hope that he will see in it the entire confidence placed by the undersigned, most justly, in the character of General Jackson; and that he will undoubtedly hereafter find some means, perhaps through the agency of the Globe itself, to neutralize the pernicious effects which its editors certainly proposed to produce by the paragraph in question.

The undersigned renews, &c.

To the Hon. ASBURY DICKINS, &c.

M. E. DE GOROSTIZA.

Mr. Dickins to Mr. Gorostiza.

DEPARTMENT OF STATE,

Washington, August 1, 1836.

The undersigned, acting Secretary of State, has had the honor to receive the note addressed to him on the 28th ultimo by Mr. Gorostiza, envoy extraordinary and minister plenipotentiary of the Mexican republic, calling his attention to an editorial paragraph in the Globe newspaper of that date.

Mr. Gorostiza seems so well aware that the newspaper in question possesses no official character, that it is unnecessary for the undersigned to make any remark relative to the paragraph referred to. It only remains for him to add, with reference to the wish conveyed in the latter part of Mr. Gorostiza's note, that he exercises no control over publications in the Globe or any other newspaper.

The undersigned avails himself of this occasion to offer to Mr. Gorostiza the assurances of his most distinguished consideration.

ASBURY DICKINS.

Señor Don MANUEL EDUARDO DE GOROSTIZA, &c.

Mr. Gorostiza to Mr. Dickins.

[Translation.]

PHILADELPHIA, August 3, 1836.

The undersigned, envoy extraordinary and minister plenipotentiary of the Mexican republic, learns, from the note addressed to him on the 1st instant by the honorable Asbury Dickins, that, as the Department of State exercises no species of interference in the publications of the Globe, Mr. Dickins cannot gratify the undersigned in the manner proposed at the conclusion of his note of July 28th. The undersigned has, therefore, only to content himself with this reply. He cannot, however, until he be undeceived, alter his belief that the editor of the Globe has calumniated the President of the United States, by attributing to him the expressions contained in the article referred to, with regard to the Chief Magistrate of a friendly nation.

The undersigned repeats to the honorable Asbury Dickins, &c., the assurances of his distinguished consideration.

To the Hon. ASBURY DICKINS,

M. E. DE GOROSTIZA.

Acting Secretary of State of the U. S. of America.

Mr. Forsyth to Mr. Castillo.

DEPARTMENT OF STATE,

Washington, March 1, 1837.

The undersigned, Secretary of State of the United States, has the honor to acquaint Mr. Castillo, chargé d'affaires of the Mexican republic, that the President, being desirous that no just complaint on the part of Mexico against the United States should be disregarded, directed the undersigned to inform the Mexican Government, through Mr. Ellis, late chargé d'affaires of the United States at Mexico, that Mr. Butler's conduct, in addressing certain letters to General Tornel, Minister of War of the Mexican republic, was disapproved by this Government. Mr. Ellis left Mexico before that instruction reached him, and the Mexican Government has consequently not been apprized of the views of the Presi dent on that subject. A copy of the instruction to Mr. Ellis is herewith transmitted to Mr. Castillo, in order that he may communicate the same to his Government, which will, no doubt, see in this communication that the Executive of the United States is as ready to render justice as he is desirous to obtain it.

The undersigned embraces this opportunity to renew to Mr. Castillo the assurances of his high consideration.

Señor Don J. M. DE CASTILLO Y LANZAS, &c.

JOHN FORSYTH.