... 

. . 

ME MO~IftAL 


:.,. 
: ( ) 

ACCOMPANYIN·G DOCUMENTS, 

RELATING 'l'Q. THE CLA:lM 011 

JOHN B~LDWI N, 

ADDRESSED 

TO. THE JJOARD OF COMMIS-~TQNERS, 
ntntiei: tbe <ltnttuention nf ~ptiI 11, 1839, 

llETWEEN 

THE UNITED STA1'ES AND THE REPUBLIC QF MEXICO•.. 

WASHINGTON: 
PRINTED BY l'ETER FORCE • 


. 1841. . 


l\!IEMORIAL. 


To the honorable tlie Board of Commissioners appointed 1tnder tlie 
Convention between the United States and Mexico. 

The additional and supplementary memorial of John Baldwin respectfully 
showeth: . 

That under date of the 30th December, 1840, your memorialist 
exhibited before your honorable Board his claim for damages resuiting 
from certain illegal and oppressive proceedings of various individuals 
professing to be and exercising the functions of public 
authorities in the Republic of Mexico, and he then laid before the 
Board such testimony as was then accessible to him, establishing the 
facts upon which his claim rested. 

It appears that the subject was taken into consideration by the 
Board, and .that the honorable the commissioners were divided in 
opinipn upon the questions whether the Government of Mexico was 
responsible for the damages which had been sustained, and as to the 
amount of compensation which should be awarded. The case was 
then submitted to the umpire, the representative of His Majesty the 
JG.ng of Prussia. The commissioners laid before the umpire their 
respective views, and after deliberating upon it he pronounced an 
interlo9utory judgment, referring the whole subject back to the Board, 
on the23d February, 1841. . 

In this i,nterlocutory judgment the Mexican commissioners are 
required to furnish the umpire with their views as to the character 
of the politicrilmovement which occured in Oaxaca,in 1833, and 
whether the peri\lqns who took part in Mr. Baldwin's affair acted as 
authorities of a political party. or as private individuals. 

Your memorialist, after waiting from the month of August preceding 
until the filing of his memorial, for divers documents which 

. . ' 

/, 


4 


he had called-for under the stipulations of the treaty, and in the 
absence of any prescribed rules for the govemment of the claimants, 
which he had beeh anxiously looking to see e$tablished, in conformity 
with all previous usage in such cases, had been compelled to 
present his case ;;ind.the evidence !o sustain it, in a more impetfect 
shape than he could have wished. While; however, ·he conceives 
that, particularly under such circumstances, the proof he adduced of 
the character of the injuries he sustained and of the individuals by 
whom they were perpetrated was sufficiently manifest, and that the 
inferebces deduced by the American commissioners were dear and 
conclusive' upon this point,. so fur as it was at all, material in the 
inv~tigation of the case, he now submits that the questi~n is relievedfrom 
ev~ry possible difficulty, Their Exeellenci~s the Mexican 
commissioners, in the argument they presented; eoncede the 
questfon in· th~ f61lowhig extracts-'-" In this case the·G~vernment of 
l\{e~CO W~S feund; at thattiine, it made.. the_• Tet~Jutionary·j~nta.of 
Tehufilitepec subrriit aµd eea.se fionftlieir;pdlitit4l eift:liS-ofnieans 
of an amnesty;.'' &c .. Thefreplesentii furtlfer,as a case ofCivil 
war i . and it is: p'alpable that' during a contest of this description between 
two contending factions 'in a state, a foreign government can 
only look. to the sovereign power de facto, being 'inc0mpetent to 
~riiei:-_into' the merits of the internal dissensions i and· no nation '\vould 
ki:t~Ib:itio or countenance such foreign interposition. • The furth~r tes~ 
tififoiiy now supplied-by Mexico, in part compliance with the call 
b~fo'teni~ntioned;:fi~ed with the-Board nearly a twelve month since, 
~~11, itls presumed, place this matter so tar beyond·questiori'as 1ifo 
l&rl,ger to require the interposition of the umpire. . . ."';;:. · 

I,n the second plac:e, the umpire requires of the Mexican co'rinnis


. ~fbnirs tO'answer,. "point by;point, each fact adduced''' by your' mefubtialist. 
.. your inemorialist has Waiteid,he can ha.rclly .say patient~ 
ly, but ce:p:ainly withou_t complaining to your honorable Board,·. for 
D.e~rlf.five·months, to see the actio_n of the Mexican c-0mmissioners, 
iri'rdttheraii.'ee bf this ~all. ·He has waited in vain.· So far as he can 
iearn rtom rthe very :r'estl:i6rectcharacter or the intercourse. which the 
~iaimant~'are' perthitted tO' ·have with the Board;and the uncertain 
means afforded them of learningthe proceedings ofthe Board;thdse 
geiitlemen have ,not' yet. taken 'the first step in compliance With~the 
requisitfon of the umpire.· It· is to the uncertainty and ignorance 


5 


which existS,wben this movement \VilL be made, th!J,t your memori.
alist lloW refers, f'IS ~is' .reason for again )i.kthis period 'bringing 
the subjeet ·before the Board for consideration. 'He :begs to be 
understood as reserving; to tbefallest extent, the right of e.Xamining 
arid responding to any pf!,per of al)y kind which the Mexican 
commissioners may present, in compliance with the requisition upon 
them;-In the mean while, certain ,recordit haye been remitted by 
Mexico, whh:h he hopes maysupersede the necessity ofcompiying 
with the·,call ofthe umpire,and which he now lays before the Board, 
accon:rpanying this supplemental memorial, and as of themselves 
sufficient for .the .action bf.the Board-(seJ:l, als0,annexed. to this 
English copy of. the merrioriaf, an abstract of~he coritehts of each 
volume of the r ecords, and~ trft'nslation ofth~/pa:itsl;iea:t1ng ·particu;.

1 

larly·upon the case.) · · · 
· lt wifl'beremarked·bytlie Board; that one of the documen.ts m· 
this: serie:i·parti~ularly• iildi¢jited in the requisition, has not been for-' 
ttiShed; on the.alleged.grou.tid:::that·.it·j.s . riot to be found among the 
archives. The authority,-however; which. certifies ,this fact, al.:. 
leges, as from. information communicated to him, that the particmlar 
matter, the subject ofthe evpeiliente, was the ground work of 
a 'SUit instituted by your memo:rfalist against the perpetratO:rs ofthe 
wrong; and that it was compromised by payme~t ofdamages to :hi.m. 
Thfaalleged' compromise is· a · pnre fictiori. .· 'tlrnre never was: the 
slightest foundation in fact for its support; i:mdit indkates a grea:t lax;. 
ity in the mode of preservfog: puplic a'rcchives SO"important to the 
interests of indi.y:idua:Js, that whEln: ::required·to= substantiate'his case 
they-ar~ notto' be':foiind; :and if a.compromise had ever oceurted,, 
the'partle:s :in .l\:(exfoo·woul!lhavehad a.n interest in the preservation 
of ari.tlie'ntie tividence ofso important a fact. In the predicament in· 
which yolir=memorialist finds himself placed in reference to this 
item of his claim, he annexes to this memorialhis affid~vit ofl the' 
circumstances attending this particular persecutiop; W:hich he pleag'es 
himself will substantially be verified when it shaU be tliotiglw 
proper to adduce the.'judicial· reeordalleged to befui8Sing;. With 
these preliminary r~xriarks, your :memorialist will proteed to 'brmg;inore 
in detail, before thiBoard1 the circumstances devel6ped ilitlie 
t~$timonynowadduc¢d; and which bear uponthe;questions,4tvoli~d' .in ihe'case. · 


6 

'l'he points upon which the Board appears to have differed in its 
opinion, and upon which the judgment of the umpire was requested, 
ai;e two.; Jst Whether the injuries of which aaldwin coi:nplains, 
and which he is admitted on all hands to have sustained, were ; of 
such a: character, and wern perpetrated by such persons, and µnder 
such circuinstances, as .. to render the . Mexican G;ovemment, U!!dei; 
the terms of the convention, responsible for these wrongs; or whether 
they are such as to afford to the clai~ant no other reparation: thaq 
he could' obtain against the individual aggressors, through the jn.'.". 
strumentality of the ordinary tribunals of ju~tiee : 2d. What amount 
ofdamages ought to be awarded. 

1. It will be observed that the injuries which are _the subject 
of the present reclam,ation, are clearly shown to have been inflicted 
by persons occupying public office,. and wielding the power ·of 
the nation. From the commencement to the close of this unfortunate 
and disreputable busine...~,. every. efficient . actor was o~;tel}.-:' 
~bly a public officer., They. are ,either a junta claiming to •be , 
sovereign, and beyond all question .iri the possession of sovereign 
authority; courts of justice and judges, exercising jurisdic.tion ·of 
an ordinary kind, and acting through· and by the ordinary instru~ 
ments of judicial administration; officers of the customs, profess~. 
ing throughout to act, and recogn~as acting, as guardians ofthe 
public revenue. The alleged i:;auses ofthe prosecutions in~it,qt,--' 
ed a.:,aainst Baldwin, are tbrm1ghout.oi a public ilot of a private 
character. It was sought• to implica~e him .as a public crimitial; 
not as the vi,olator of .private :rights,; the proceedings were os.ten.;. 
sibly institµ,ted and ca:i:riedJhro11&h with ~ ,yiew to punish smpggling-
enforce fotfeitur13s and :confiscations.f()r;the profe's~ed benefit 
of the fisc-and the unfortun<J.te victim of the atrocious barbarities 
which were inflicted, ;was incarcerated ?-~ Q: .• public :malefactor, 
and subjected to other punishments, which m1ly criminals ought 
to suffer.· If ind{led.,.as is. but too manifest, private cupidity, ap.g a. 
spirit of worse . than piratical . robbery. were. manifested,· this only 
aggravates the wrong, by showing how public interests have bee!l 
made the pretext, and public authority t.he ;ready instrument inth~~ 
gratification of such cµlpable m~tivel?, YQUI memoriali.iit Wjl! i;u;>t .· 
urofiltake to add to the forcible and .. unanswered arguments. !-1:.!!P.: 
illmtrarlons of the American, commissioners in elucidation of; .this 

,, \ 

... 

'·· 

point.; he \Vill merely add, that ·a:J1 .their assumed facts are now 
demonstrated by theJestimony. 

2; To descend into a 1trore speeific·detaiL upon this subject, the 
Board will, on a minute examina#on of the .fi:ve "booli:s transmitted 
from Mexico, perceive, thaf every ad on which the claimanforigi~ 
nally professed to rest his clitlrn, was originally~perpetrated, or ~U:bsequently 
recognised and sanctioned; bytliose;ha ving -u:tiquestionably 
leiitimate public pow.er. .This testimony furnishes in.ore minute 
details oLthese outrages, and thus aggravates the injuries which 
your 'memoiialist, when he originally exhibited his case before the 
B'oard, ·at· a .distance from the· authentic proof which,··though he 
had called:for-at. the firs; moJiient:'the organization ofthe board permitted, 
had n:ot then been produced, was abliflO show. .. 
, Bo9kl. l'he proceedings beginning ai folio 1, wimdnstituted at 
thti instarH:e'ofYincerite Leon y.E;ueda, a public·cusiom.~hou"se·offi.. 
cei:,·tlirbug;h. <::touzalez; alsO'-a: publict functionary. The process was 

'directed by'Jos6:''Flores ·J\farques, a legitimate officer i and until we 
come· to. foL is of.this voltime, uiider-date of the 13th August. 
every act which was done, was·by the authority.of the;se public o.ffi~ 
cers. From the 13th August, fol. 18, to 12th October~ 1833, fol. 
36, the proceedings are those of Vela, the'intrusive judge. He did 
not, however, conclude this p11oceeding; for in fol. 61; Fehruary 7, 
1834, will·.be found a.decree of Flores Marques/now reinistateclin 
power and in office, and before\vhom this process.had been originally 
instituted, recognising and eonformirig 'to the ·apini<ln. 6f the 
intl'usive· asesor. .The same 'minute· exaniinatidn of the'recotd wl.ll 
further d~m\:mstrate, that the sovereigti de fiuto, by !ts executive and· 
ju.dii::iaPoigans,';!ill tahd -eqt!rilly participated in these mea:sur13s; the 
responsib"!lit.y-'forwnich is now sought to be ev_aded by the Govern;. 
:m:ent, in whose~ruime :every thing was done; and whose :means were., 

. employed" to enforce t.lfo arbitrary acts of which eoniplaint is made; ' . 

. Book 2d. This :volume exhibits the same character·oftransaction 
tfQL-1, Augusf20}: dt commences with the proceedings, ofthe in• 
tJ.'ush~ judge, upon an. aocusation exhibitett agai11st the guard for 
embezzling the . goods: '(Jf Baldwfo; which had been committed to 
them for safe keeping~''. Q,uis custodiet custo·des i"····That' this aU.e-· 
gatfon was true cannot admit of'doµbt (fol. 34); The legitimate 
judge)ake:s up the proceeding' wh.ere it had· been left by liis prede• 


8 

cessor, to whose office he had now succeeded; fol. 38, 9, shows that 

another political movement had occurred, and another intrusive 

judge.is now ·in office, under another faction, who pursues the case. 

This movement was successful and permanent, and the proceedings 

by this party, which were at the date of the last news from Mexico 

still in power, will ]J.ardly be denied to be those of the nation .. · 

Book 3d, fol. 1. Official note from governor to legitimate judge, 

calling upon him to take charge ·of the goods in deposit; fol. ·3, 

decree conformably. The entire proceedings contained in this book, 

as also those in book 4, are under the authority ofthe legitimate judge. 

In a country where revolutions are so numerous-where the· 

point~' of difference. are not discernible by an unpractised eye, it 

does appear monstrous that foreignerS' are to be swept over by wave 

after wave, and that they are to be debarred from any J;ecompense, 

on ~ttch pretexts as are now set up. A revolution is all that•is ne• 

cessary to wipe out all old scores, and me amnesties graJ:lted py .the 

su'ccessful partyto their opponents are to'efiltce all thenationaJ.char•. 

acteristics of the acts, and all the national responsibilities incurred · 

by them. Such, at all events, is not the doctrme of the law of nations 

held and, enforced by tlie United States, as the American commis


sfoners have conclusively shown. 

After the examination of the testimony now adduced, fully con,. 

confumhi.g the. conclusion to which the .American commissioners 


hail bee.n.brought in their repqrt to the umpire, it seems preposterous 
hi ,the extreme fO consider Jhis first point as in:volved in doubt~ 
All the functionaries of the Meric!lJl. Government, whatever faction 
may for the. time have predo.minated, however they may have fought 
against each 9ther, concurr.ed in.thepillage of unfortunate.foreigneris, 
-wh:o, relying upon the law of nations an<t tl:eaty stipulations, 
ventured within thefr · limits. Every branch of the go:vernment1 
. e.xecutive and judicial,· from the governw or junta exercising sovereign 
~uthority, through thei~ courts and judges of all grades, down 
to th~.tide waiters of the .· cu8tom-house-each public functionary, 
civil and rcllitary, all had their. hand .and bore their part in these 
lawless and disgraceful proceedings, since admitted to be groundless, 
illegal, and oppressive; and there cannot rema~n, upon the narrowest 
view..of the principles which ought to govern the case, independent 
ofthose higher views which have already been presented by the 


9 

commlssio1iefs thems~lves, the shadb\v of a pretence for questioning 

the, obligationi of· the 'MeXican Gov~1'nment to make· compensation 

fo): the8~· flagrant Vi.rrdrlgs: · -. . . 

2d:. The second·ptiint ofdiftererice is as. to. the amount of damages 

which ought to be awatdedl' . . . . . ,. ' . 

When'"y'i>ut memorialisffirSt exhibited his case before the Bo;ird, 
he was; as he has stat~, at a diiitante from and se}iarated frofu his 
proofs. ·-In the absence Of any rules or regulations fol' hisgovern:ment 
he had conformed: himselfto the practice which had ptevdiled. 
ill siniilar cases, and in his'. memoriafconfined himself to a. generril . 
statement. of th.e facti.l~avi~g fo 'ii su'.bsequent occasionthe prerifsEi1 
d~tailof. circunisfances and ~f refe'r'ence to p;rindples; of law, as 
necessity might teqU:ire, whcin~th~ one O:dM dthe:t be~rune, matt~rs 
of coiitestation.. ·In this stater ofthmg&< the .memorial wasri~d~~~ 
sariiy iil:iperfect; and not calCU'lated to •furnish the Board. with·~ f'Q.]J · 
view (irtrre 3.'ff'aii: ,<The '.<!oci:rse puis~ed by·the commission~:r;"li~ 
affoi-de(f th~ opportunitfo.f~preS(:iniiilg tbe Whole ease iJe 'IWC01:and 
to ask of the Board a. full and complete re-examination ofits merits: 
Th~ eviden~e now adduced, ·fh~ dePositlons ofthe witnesses set out in 
th~ records, and the proceedings of the various tribunals ,and puolic 
officeiis; fully verify· all the allegations made by the claimant hi his 
m~moriafto; Consul Parrott, presented with his first membrfa.l to · 
the Bo~rd; · The attention ofilie Board is r~si)e2tful1yinvited to these 
records in the. original: .• It Wi11;~ seen that th~ <fot~~g~ complained 
~fagainst·the person of Baldwin wa:s ndfo smgie·insulated act, but 
a llef~~C!fla;,vless wrdhg~'.<l ' ' ·: . . . ·. . . . 

"Bn~kJfolfo lSi Aug'llsf'l a;~'fss3 :-'Veli!;s order Jor the arrest

1 

ofBald:Winf~ru~h~was''exeeuted,'anfi·he made a prisoner ..·.·Folio. 

26, 19tli;Augusi:.S.A further;orde:r from the saine_ functionary, di


recting the Clase eonnnem'eD:t of Baldwin, who )v~s·;·otdered tb.'bec 

put in ir~ns; The enormity of these proceedii:igs istfow matHfe~r;·'. . 

noi iS any attempt made liy the Mexican· cotnmliisidriers 'to palfi,ii.te: 
'these iittocities, except by abanlioning the h:lgli and iitrparrial fi:ini> 
tions ofa judge, mm. tl:i. decide without partiality;' reiterating an(f' 
sanctioning gross caluiii:ilies against the char.acter of. the da:ifuant, : 
which was beyond theiroffieial jtirisdiction, and tmally 'c,iting these' 
veiyenorinities perpetrated upoil }furi (arid other.s Which are to fonn ' 
the' subject 'of future reclariiati~n~Jnow .admitted and proved fo ·tie •, 

B 


10 


.illegal and unjustiqal;>le, as evid!"m:e..~hat. he ha!l inc11rrefl th!'l just 
resentmen~ of th(;) Mexican. autho;ities, (orp9mp}aii:iii;ig,,iµ)anguage 
suitabl!f to the occasion and becoming to,hi,m a~ a:rt,,~~rfoanciti,:;:
enj against tht)se .cruel. atrocities,, ~q~;:)~¥,Xf<!lative or'the <{Olnmon 
diities of humanity and express treaty stip~l~tions, • . 

It, was in effectiµg,his ef!C3:Jle from tJie.cp:qse,quenees qfthis order'to iron mid imprison'hiW: in ~he.com:rnon jail, that the daimant.was 
pursued with·a fur:y aµd p~rtiI1aeity almo~tfiendish; followed by a 
band' of armed ruftlaµs; fired at by th~m; compelled to' seek,protectionfrom 
them in the forests; to flee by.night as weJl as by day; 
,and compelled, without food to satisfy his hpnger, or a ro<?fto pro-: 
tect himself while, he slept, to ,secrete lµmselffQr ·seyeral days from 
the!!e. bl()Od~thfrstyiiltV!lges, . Hi;s e~~pe,with h~ ~;Was 11ltn.o.st 
mira,cpiio~s,,11nd he strll survives, t,h11nks to Providence, ,to p:llp~itnhiS wi:pn,gs,in h,is nativda.nd,'and to demand remuneration for. them 
befo+~'~~.~ribunal' s;wor~ to· adm,i~isrer•. ~.him fyll ~fl c,o);ll,pl~e;ju;stii:~. 
~d.to award to him· ~J11:l~ .IP,.et).~ure .pf..coJ.P.p,ensatian,; ' (See 

book,3d,foljo 8, &c.) ... ·•...·· · ··.' · ·. , ... , . . 

: B?ok 2d; folio 41, 2,:3, July, 1834:;-0rder,was again issued.for 
Baldwin's arrest,whichwas executed;;ipon him, and under which 
h~ 'Y?S. lield a prisoner until July 10, when. he obtained his dis-. 
ch,'a:rge, after being compelled to pay fourteen hundred dollars to the 
authQrs of·these atrocities. Here, then, is . presented official rec<n;d 
. evideµce of three' separate' and di.~t ~~ts ()f outrage; ~ouildless 
~rd unprovo}{e<J.in their origin, cruel in their execution; arul: j11~tl}r,
entitling' the memorialist to the highest.~~m~of compensati_oµ., .!• 


~' 

,, . 

Another distjnct outrage,,by the Curate of Sanja Gr.11z, Rc.eQl1lpanied 
by l1lem;iees of the, mo~t horrid .cruelty, fi;om· whi<;-4.4¢ :was. 
preservedjn amost extraordinary' manner, i~d \Q, tli~; in~tit11tion of 
PJ.'~C~~ings against the wrong-d1:1er~ rhe retp.rn nuM!.e by th~ ec": 
d~si~t:ical court, .shows that -~uch, p,roceedings were had, and th~ 
ihfe~~c.ei;s conClusive that the alleg~d caus.e of this suit real!}! e~; 
i~r~a:· :litkcertified ~hat the guilty party.~oI!lP,rPmised tho~'~!'ttter. 
by paying)(Baldwin compensation foi: ,ifi~ ipjury si;i.~t11we4, ani;l, 
that the r~-;;o~\l Q~the procee~gs doe$ n9t;~~w ,e:x;ist a:mmig .th~. i+r.~, 
cJi,..ives, where it'.?~ght to be found.. ;c,Xop1\memorialist ~oJerri.1:1-A-Y:: 
dertjes ,that.any such comprom~.-ey~f: top¥;.pl~ce, and th:;t~ ap:y;~tis., 
faction or remuneratio~ was eve).'-,~e ~o.him... A por.tip~:.9fh~: 


pwperty'-· was<l fr:;;::~1ed:; but a vatu~.1::.:le: ~Id watch, money, and 
cochineai,,_of.whfoh:he-was. J:obbed,: have never been recovered. Iii· 
this positfon'ofthe·case,:your memorialistproteSts against hfsbeing·. 
deprivetl• ofa Just rem!lne:i;a:tiQi-fot the personal. outrage' and indig~' 
nity1and for the property'stOren; ·oh the false pretence· that he has 
already been paid. t 'l'he very allegation adp:lits+ne original wrong;. 
and' the. party; who· sets up. this eva.Si\re-jidefence, and pretends; 
that the public· records have been purloined; must he requitedto sus~ 
taia··such extraordinary and incredible assertions, by str6ngef' ~vi~ 
den'Cethan the mere statement of this fun'.ctionar:y.. The Board iS, 
bound to decide in>coaformity' with the evidencei and ifwe are re'.::· 
quired to·· exhioit primtcfacie e'V:!.den.ce to'sustain the claim,it must 
be rebutted bytestimonyoJeqaal solemnity; .•The daimanfaniiex:.:. 
es his oath; ~etting forth the circum$,hces of this ca:8e, and he Wilt 
insist upon th:e .authority of the•laW,'that under the circumsmnces 

• • 11 . f ,,, ' f 

th1s:1.s·p~tl&,';t;V''Pi"'-001. Fr · · · ' · . . . · 

.· -·~l'iul".m~inl:lri!lliSt•lias'tbusestabllshed not merely one act ofnn· 
disguised and open: violence upon his person, but thre.e separate and 
distinct impiisottmenis; ·and further, an order to place him in irons 
in, the common jail appropriated to ,public malefactors. All these 
proceedings are prdved, and are now c01iceded to have been without 

. any li:dequate' or legal cause; to have been enf01•ced. ':Vithouf right, 
and:·e;cecuted:without :remorse. They are shown:to have been gratuitous 
and unpro.v:oked. · For thei:;e agg:rtivated ·wrongs h~ claimed, . 
in the .account accotnpanyin'g hkotiginal riletnorial, $25,000 ; and 
where :is .the. man ;t(}; be-:found . who cari :conscientiously say; that 
double this~sum::wauld·be extravagant· or e:x'.otbfrant r 

Your memorili:Hst i~awarit thafthefe exists no guageby,which: 
outrages on the feelings a:nd person of a·genileman can be measur~ 
or adjristedto· any.peeuajarf standard; but before a Board constitµ:ted: 
ofgentlemen, no difficulty ought toexist. Fot a' single act of 
less atrocious violence, oceasioned· by excitement, and' probably 'by 
mistake, the British Government recentlyexacted· .from the Sultan· 

o.f Turkey 50,000·pounds-sterling. Mexico .lJ,erselfhrus'been cot!\· 
. pe1led to ..pay to France, for, injuries 'less monstrous.' inflicted. upon·· 
her subjects; sums far larger than your memoda:~stde1nanded. The 
present claimant .has a riglitto .regard the members of this Board as: 
gentlemen, educatedin a school.of honor, keenly alive to personal 


12 

·6utrag!3S,·and acutely sensible to every indignity. He calls upon 
th('lm to plac.e themselves in imagirtation in the-predicament in which 
he found himself. Let them be strangers in a foreign land, believing 
themselves secure in person and property, reposing under the 
protection whiclli humanity would extend to a stranger, and under 
the guaranty of plighted treaty stipulations. Let them imagine 
themselves outraged as he has been i pursued ·as a common male• 
factor;· fired at, as ifhis death were unimportant in comparison with 
his escape i arrested; exposed to suffer the indignity of a blow, without 
the means of felling the cowardly priest wha inflicted it to .the 
earth i imprisoned in a loathsome jail, the COIJWlOU habitation of the 
dregs of humanity; cut off from all intercourse With .his friends; 
and finally, after being despoiled of every tjllng, turned out naked 
and .friendless, ~o find their way to their own country; and when 
their nation has called, in language not to be 'evaded, for redress for 
these injiiries, upon the government by whose .authf>r.itytherlm:ve 
be1m perpetrated, and a tribunal presumed to beimpartia.lcand capable 
is appointed to he.ar and' redress these wrongs, to have their 
claims answered by a sarcasm, and their injuries repaid by a sneer. 
Ifthere be a member of this Board-if there be one American gentleman-:-
who would submit to a tithe of all this ·outrage, all this 
danger, all this contumely, all th.iS indignity, for twenty-five thou~ 
sand dollars ; or, haring endtmd itf would deem this sum an exorbitant 
remuneration i orstill more, when acting as judge in assessing 
the compen..o::ation to be awarded to another who was the victim 
of such oppression, could assess his damages at a less sum than has 
been named-then this memQrialist has either wholly misconceived 
his own case, or misapprehended the character and feelings ofthose 
who are to pass upon his claim. 
·.sd. Upon the subject of the value of the property ofwhich he has 
been despoiled, your memorialist prays leave to call the attention 
oethe Board to the new ~..i.mony now adduced, and particularly to 
a pa pet found in book 3; fol 8, &c. &c. It will there distinctly appear, 
that during the progre..."5 of these outrages he claimed restitution 
of the goods of which he had been despoiled.,...-that they should 
be delivered by invoice-that the value should be affixed by ap· 
praise1·s, '&c. To apother, found in ·hook 1; folio 36, &c., where a 
letter written by him to a friend was purloined from the 'public 


'13 


' . . 

mail· and: addJ1c.ed by t}le.se p®ple against.him•·; In thii! letter: he 
liQ;~mteshis m;ongs.,,,-,and produced,•as it has been, ag;a.i:iist hit!l/he' 
ha~ta .ele!!,rcrighH~\fo~o.kedt, audits contents,·a,s eviderici;•.td.~ttstain' 
his assertions. · 


, ---,-I 

.,.Froni these and··the resf'QLtheise records, it is manifest. thaHhe 
Me:tjcrui authorities have hll!i it;-fil; ~ir pbwerto deny the extent of 
theinjury with which they are: charged~th'ey.1.havei had_ the pro•· 
petty. in possession, and the papers 'Showing all the truth. . -Can. it 
be believed thatifthe claimant had falsified'ot exaggerated; .pr.ooftoc:
onvict him 6fthis WDuld not have been furnished i · 

\ 

, , It has so. happened;• thatalthough the original call fo:r the papers 
was made in Augustlast, :and .the memorial not presented .till the 
close ofDecemlie;r Jollowin:g,·the·two papers may havegonetogether 
to·Mexico, and at aUevents,:ih~ full nature and extent of the·Clitim. 
ll!ay have been, and· probably was .sent to Mexico, Ieng before' any 
aiis~er,~was•prepiiredfor.·ttansmi8sion to the United States.··' Silence 
under sucli"cir.cunistances is·equivalentto an admission of the whole" 
extent of the demand: 

· :.Upon the Qrinor. topics. of the account, your me;morialist will rest 
satisfied with what. has been already ·said, taken in eonnectiOn with ' 
the evidence heretofore before the board, and that n'ow produced · 
from Mexico;• ·;The testimony. discloses one-~c0ntinued series 9f pil::f~
ing; pillage,, and robbe1•y; Book: I,; folio 1',:sltow~.,that it Wa8 :·. 
deemed necessary to institute·-proeess :against the .guards fo:i:':·embez~.'. 
zlipg the goods committed to theircast-0dy. Fols:~· Invofoes are~· 
turned: for the pu~p~se of being ref~rm~, thus. mtimatlllg, that 
papers officiaJ~y inade:w.ere false. · Folio 4, to14 and 18:-Proof of 
thecaptu;re'andI~e~riti01;N)f:Serv:antsandcanoe-men. Folio 18:--.Thac· 
there remained inj>Ossessjon,ofthe officers eight bales of dry goods, 
six barrels of win~four ofbrandy, twe] ve bundles of iron, and Baldwin' 
s·private baggage. Folio 30-1 :-Order .to seize powder,treas. 
and b;rins. Folio 41, &e. :-:Letter from Gonzalez, directing_seizure 
ofhis person and preperty. Book 3, folio li 2 :=-AppliCation from 
Governor, and decree for· taking possession. of· goods,·. ~d·again 
referenceis made to the letter . from claimant, said to have been in.. 
tercepted,. and :exhibited .. as.. evidence agait.1st him. · ,Such.· are .. :a. 
J0l'tion .of the. pl'oceedings against the rights of .the. claimant, and 
sui*-lya £a8e of more aggrnv:ated wrong cannot readily: be imagined.. 


14 


In• th~ absence of proof,' incredulity might be Justified ;,for such transactions 
have rarely transpired in any nation in modern times claim~ 
ing to be within the pale of civilization, and,professing• to'recognise 
the religion of Christ. · 

When your memorialist first presented himseif before this honorable 
Board, he was apprehensive that the very monstrous character 
ofthe persecutions ht:i had been subjected to, would require that the; 
Board should. exact of ·him evidence to sustain such charges._ with 
that evidence now furnished from the judicial records of Mexico, he 
stands upon unassailable ground. Rrnn then he had anticipated 
that he should find in the tribunal constituted tO examine his claim, 
nothing but what rightfully belonged to an honorable, impartial, and 
just judge. He cannot refrain the expression of the surprise mingled· 
with.indignation, with which he found himself and his character assailed
· by a part of the very court which was sworn to exhibit towards
· him all the qualities of a righteous judge. To these assaults 
it does not become him on this occasion to reply·in the manner 
which such assaults merit They were not probably designed to 
meet his eye ; · they emanate, --however,· from a source, the official 
character of which is entitled to, and ought to merit respect. From 
such: insults, thus uttered, he looks to the gentlemen from his own 
count:i,:y oil the Board to protect him; If,. however, they shall be 
again employed under circumstances in which'they can be noticed 
in.a suitable manner, withou~imitating the example set him of outraging 
all propriety, he will moSt assuredly protect or avenge 
himself. 

He -thus dismisses; for the present, whatever in the. report of. the 
Mexican commissioners maybave been designed.as personally disrespectful 
to himself. He cannot however so readily pass by another 
grave cause of complaint contained in the·same document 1.'he testimony 
of Mr. Parrott, a witness produced on his behalf, has been 
assailednvith the same want of courtesy, and reasons are assigned· 
for questiOning the truth of his eridence. That gentlemen long occupied 
a post ofhigh trust and confidrnce under the appointment of his · 
own Government in :Mexico. His peraonal character as a man of 
honor and of truth is well known to many gentlemen in both countries; 
. · His commercial transactions ha>e been numerous and extensive;. 
and no man who knows him can with truth impugn his integrity 


15 


or credit as a witness, .The Cl'.edibility of his t(fstimony is, however, 
ditectly assailed by· the :Mexiean commissioners, arid, reasons are,as~ 
signed why,,reliance sl1ould.n(it be reposed iri:.the sta,tements he has 
giyen upon oath. l. Because he is a fellow oitizen. Tri.other worc{s 
befo'r.e $1.lCh:a tribun~ asthe .p;i.:esent, sitti.ng whhinpi;ir -Own tenitgry, 
at tne::Very se1,1.t ofGovernmeµ.t, a Witnessis.de-emed µii.deserving qf 
er.edit he<:w.9se ·he is a citizen of thi;i,United States: .. :How. the. Ame~ 
riea11. commissiorier.s may have met or may repehhis,want<:m. insult 
upon .thrtnation, this memorialist is uninformt:d•.. For ·himself%h.e 
may be permitted .to obsei:ve, that had'he beel't.willirig to.sustain;hi& . 
claim by testimony ill which .he himself reposed: n·p. cqn.fulenM;.;AA 
could readily.ha.ve•:procured,·and at Ii small e:iqi~e,· the. oaths)of 
Me:x;iean:witnil,sses, an!l. of high standing, to·any·facts which,he· 
m;ight haveintimatedto them a wish that they 1$.hould. te~ify.,rlf 
hisuinces of .tlijs Jtjn~ iuiv.e. n,ot already come under the cognizance 
ofJh~ B,aar\l;,ygur: meB;w;ria,Ust ;h!izards .little in sayin.g t4ey wHl be 
fQ.uh<i in a\jundatl.Qe,,w.he.rieyer it m.ay be thought prudent o;r adyij;a.c 
ble' ~o introduce the testimony of .Mexican witnesses to rebut flie 
st;ltements of; citizens or'th.e. United States~or .disinterested foreign'.' 
ers. 2, fl'l:te,hext. reascm assigned {or discrediting l\'.Ir._Pa,rrott,.is, 
",bflcf!.:use,of the inte:re:;it l,te ha:d i11 div;ers negotiatior!s w,ith J311Jd~t),n, 
The resi'due i?fthe Bo.a;rd may nort:iven -, yet be ·SQ fatniliai::: -iWith.Jhe;

. . 

mode. in. whiGh; j:Ustfoe, !l,s,itti$Je:t'med. is: administe~$4•mr~e~69 a,~j 
your mer.m>i:iali~t'.iV.llfortul).!j,telyUs,: and, he •siP.QeTel:Sf: .,pra,ys ;YQ~r,· 
kp.~rwledg.e m;i.ynot be: ac!}uir(ld, !'til h!s,ha,s bee:11., tbY $!(d ~P!!i'i.¢!\ce/ 
Itlma:y;:!'tppe1u ther11fore ·a11 extra.ordinary ground qf. e~eptio11: .to .a,.. 
wiine§$ ,~Q,!:i.t.lie has beeJ;J, :G91mec~eil:in busin:e~ tr~criollS with !ha: 
parties in litiga,tiolJ:,illPt,thus:;b,~~'becpme ·aequainted..with. th.air.: 
char!lcte;r~!ls,meI1, ;~~~4':::l1!ibits nf"buSiney;is, anil. thf3~;xten,tl!-wl~tqre 
oftb.eii: mea,~~.; : It :s<mncis s.t;i:a4ge: to ajuristof!iJlY; Qt.lier c,o;g.~t!Y 
~n1\fe~e; that it wit:rl~ s.b.ould be. discreP,ite~, Ile~:becau.~Jm" 
kn.f;lw nod1.i!lg, but tha,t from his.· kn.owledge b.e :W!is. ~PrnMt~t:,.t<h 
sp~;f'uUy and; pre¢isely, .··•The•3,d J;eJ1SQJkas8igned;.i;>, .hec1.1.'1f!8; M;~".:, 
·Ea,rro~t ,is hlm$elf i;i.. ~laima~t. .',{'.:ime' it: js~ ilill.t Mr•· .rarl'.o4 :}l~,b,i:rµ1'. 
self'b.een: the victim 9.f .Q~t11ages'.similar 1:9' so.me 1ofw.;hi¢-b.Ji1e1»oreW:".', 
ist;~ompJ11i.NJ,;:a,nit it ~ $µpposed •that /he . will :in·d.~e,time~~Jb~t. 
hJ.S1~s!:h®iore:~hjs.,Boarg;;.but ~his eitettmstan¢e,rit mtls.t be.,Qlr6~~;_; 
"lQ:U-ldJ.•~JAAr Jieter1hl:m from appearing• inc the attittide:.~f .a· ,w4~-,~· 


16 

sinc!l it i8 .obvious that fairly and fully to relate the truth in regard 

to the claims of wcountryman, is the last expedient 'to be resorted to 

by one desirous of conciliating a portion of the Board before which 

he is to appear. 

The Board will excuse these remarks upon the document which 

has elicited them. It has been the purpose of your· metnorialist to 

abstain from crimination and recrimlnation. This tribunal is no :fit 
'place for the display Of vulgar ribaldry or· malevolent <ialum~; bll.t 
under 'existing circumstances he could not wholly. refrain 'from now 
ticing the remarks which have been made, equally insulting to the 
A.inerican part ofthe Bo~,·to the nation ofwhich he boasts of being 
a.citizen, to himself as' an indjvidual, and· to the gentleman who has 
furnished the evidence the tfoth of:which has given the offence . 
. J Leaving~this·unpleasant.part ofthe ~ase., your memorialisi again 
calls the atten.iiori of'the Board to the testimony of Mr; Parrott,· as 
entitled to implicit credence. , That he had ample means ofa<iquiring 
fuJJiand accurate i}lfotmatiOn upon the ,point~·to·whfoh·he testifies; 
cannot be disputed, .He resided• for many. years in Mexico:..i...at the 
head bf a large commercial'house_;he filled·the office of American 
Consul at that place during a long period of time. His veracity will 
not be que8tioned by any one ordinarily scrupulous in abstaining 
from·Wanton calumny. This gentleman under the sanction-i>fan oatli; 
declaring'wli.at he does, as tlie•result of bis own ·e:Xperiefi.ce; artd his 
own petsonal:1mowled.ge, asserts :tnat he is perfeci1fsatis:fied that 
Baldwin1wouldi have·realised·profits in the business in whi~h he 
was en:giiged/arid· iir which:,he .Was arrested by the MeXic!i.!:i. atithoti~; 
ties, tb an amhunt exiieedirig $50,000 per annum, and that h'iS fosses, 
arisfng :from:this interruption, ·amounted 'to ~'l5;ooo.·.·: ••. :·: 
·;:No attempt has been made to Tepel thfaitestimonyby,counter or· 
rebutting evidence; · The same 'fiel<i; which•~this Claimant was the, 
fir~t'to''explore and 'to ·appropriate •to himself as the s-eene of 1his 
operiltii:>,nsJ was· afterward• successtuliy improved by;English, mer• i 
ohfuitS[.:Who grew wealthy,by following out the plans which Bitld'win • 
had:projetted~dfromwhichhawas, in the manner that liasbeen 
stated, laWles~3ietjelle<l This statementby Mr; Parrott is the only 
e'<iiden.ce in ihe dtse;thfowing lightup01Hhis•part df the cfaim;:"The• 
Bclard at'8 sworn . to •decide UJ}GtJ: the evid!3ltCe j 'we ; have eXhibited ; 

·testimony which stands unwntriidicted except ·bjrvague sttrinise$:or 


.17 

insulting doubts. If trl1e · it n~ust .he received as the only guide to 
thejudgment of the Board-+-if untrue let the ·eontradiCtory pfoofbe 
exhibited, and when sufficient grounds· are produced reject it altogethe.
r .as unworthy of credit. · .l~ut the.claimant protests agamst the 
rejection in whole or in part, until it is thus contradicted; particulady 
upon vague sunni."€8 that 1iis. calqula.ti@!! .!l.1'~ .e.xoi:bi4\rit and 
Jii~ esti!Ila.tes extravagant. Let those who posselSS Pl'ltte.;:rjnf()rro.~tiop 
undertake to pronounce this opinion. 

, In conclusion, al).d with a view of placing before. the Boii:d thll 
principles 9Llaw whi~h he conceives applicable to th& facts of.the 
ease, your memorialist submits to the consideration ofthe lk~ard the ' 
anne.xed eJCtr~ts..fr(}m··.. Sp~~h jurists, ~f high. i:ep~~t·i~n, -~4.~f 
ij-qknpwledged auth9:dty ill· ,Mexico. 

Partidas 5, tit. 7, law 4 :-'


" ThEl,jlrR:i,nc(\l.all~Plaees.to which me;i:chants are accustomed to 
carry tne'ir:'inereliandi~e are those, the richest, most abundant, and 
besfpopulated; ·and for this reason all should be pleased with them; 
and for this we order, that all those who come to the fairs of our 
territory, whether they be. Christians, Je.ws, or Moors, and those 
who may come at any other times, although it may not be to fairs, 
shall be safe and secure in their persons, property,_ and mersJlandise, · 
and every thing belonging to them, .both by sea and' land. .And w'e 
forbid anyone to dare to do them an injm:y in· any way whatever; and 
if it should liiippen that any one shall disobey this order, by robbing 
them or taking ,what they may have brought, by violence, ifthe robberyor 
violence be established by proof, or by certain marks, although 
the merchant so robbed, may not p~ove what things were stolen, nor 
the quantity, the judge of the place where such robbery or violence 
may have heen eom:miited, shall firsJ tii.ke *e oath of .the per8on so 
robbed, his name, and-what kind ofmerchandise he was. in the habit 
of bringing or of trading in, fixing the value thereof undet oath; 
and shalt cause tG be delivered to him property of the robber&"sufficient 
to cover the amount so stolen, with aamages and deterioration 
as the law demands; and if the robbers cannot be found, or if their 
property be not suffieient,to make the reparation, the community or 
chief in whose territory the robbery may have been committed shall 
make it gpod of their @wi;i." 

c 


Extract.fromthe Curia Filipica,p.11,par. xxviii,'art. 6:


''A despoiler is obliged.to restore not only the property, but 1ik&. 
wisetheJruits or profits whichitwould have yielded duringt)le·period 
·which elapsed from the. :tfrne the spoliation was committed until> res-.
tit:ution is made." · · 

: The authorities cited. by the American coinmissfoners, in their 
report to the umpire, connected with the foregoing extracts from, 
Spanish works of high authority, appear to the claimant to cover 
his entii-e case. They establish the ·liability of the .Mexican Government, 
aml show that in particular cases the oath of the party 
may supply the absence of disinterested testimony; They also 
-show the extent of the reparation which may be made.· Upon this 
state of his case the memorialist -reposes in great confidence that the 
Board will award to him the full measure of compensation .which 
he demands. · 

RICHARD s. COXE,

.· 


·~ 

Fer_ foHN BALDWIN. 

WASHI~GT-ON, Jd:y 14, l84L 


·DOCUMENTS .. 


TRANSLATION OF THE REPORT OF THE MEXIOAN 
COMMISSIONERS SUBMITTED TO THE:> 
UMPIRE.· 

JOHN BALDWl'.N, a citizen of the United States,undert~dk'a in~r: 
eantile _expedition in 1833, taking his way to the then State qf Qfj.;a"'" 
ca; by the Quasacualco, his object being to puicliase and . ' · · · · ·· · 
him, on his return, some cochineal (grana). At which: tlni~ ~ . . . · 

there \Vara. s,ublevation or l:evolutionin Tehuantepe<(a. ~e.:. 
· _···. ... . of tl:fat~tate. · The revolutionary party had erected aJulita 
6f ·wribµs persons, as a substitute for theJegal authorities. Mer 
Baldwin had passed, he was denounced to the junta, and accused o( 
having e_xtracted cochineal without having paid the duties of 'ex7fraction imposed thereon by law. The junta, taking into conside .. 
ration the denunciation, ordered_ the judge, whose province it ·wai;;. 
(placed by the junta,) to arrest Baldwin, ~.eizeor embargo hii:;__ effects,._ 
and. to. prosecute him;. all of which was. done ... And the 11foresaid, 
judge, aft~r:having heard an asesor or state's attorney; in:tr_usive like. 
hirnself, and both oftherti as illegal as the junta, se~fehced Baldwin 
as 'having fallen under th~penaltyof a ·srnuggler;:aM'/ordet,e~ 1}i:e 
s~q11estration and sale of the effects seized; ThefactioU.S·party'hav.; 
illg,13ulm1itted; filld legal order be4ig·est!'l.blished iii tlie state, Bald~vvll1;,\
vho had' escaped from. hi~. iinp.risotiment; c9u:llselled . by the 
rpini~~r,,of~c9ilnfry iµMex1co,'*' appealed from that sentence to 
the dourfof justfoe of the same State o:f Oaxaca. . . · . . ·. · · · 

·.The court ofprhna:ryjur!sdiction, after having he!'l.rd its. fisc~lor. 
legal adviser, _declared; ii;_i.September, 1834, the P.roceeqm.~ nullin 
form, as the Judgment lia.d been pronounced by mtrus~ve · erson~J 
He.ordered the proceedings to be continuedbythelega.J. d 
inthe_mean time ordered_ restitution to ben1ade io Bald . . .. is·.· 
godds;.which had.been seized or embar~oed.':0.hllging hii# (BaI~wn) 
to entez: ·into bond .~n4 .security for thir)estilt of th,e .6-rirnir1alsuit. 
'l'.\le s~cond hall ofJustr.ce !lecreed the·sam~ on 'the -~th,.~f Octo})er 
follo>ying, _adding that B;lldwin re!fiained iii'. pos~essio~d.f'hjs':dgJ:it 
tO. bring an action. aga~hst the llepcisitory of hfs :tfo'Qd~;f1"oJ:!1';vhoii:l' 
~Seel).()qU~lint copy,~~. 1. . .· .·· .. . -. • " . ,. ' . ''/•:: ' ' 

't See _tlie above arid No. 2. . . , 


20 


he should recover their value, if they no longer existed, or from the' 
persons by whose order they had been taken. 'l'he inferior judge 
of Tehuantepec, to comply with the decree of the two halls of the 
court of the ,state, passed the whole affair to a la)vyer, for his opinion 
as asesor. In this case, although Baldwin had conformed 
with the decree in all its parts, he still used another right, and re-. 
cused the asesor nominated. In consequence the. affair passed into 
the hands of another, who opined that the decree should be executed, 
with ·a salvo, exonerating the public treasury from all responsibility; 
and that in case the depository did not deliver the goods, or 
if they should not be in existence, the penalty of the law' of Febrtiary 
22d, 1832, should be applied to the individuals who had formed 
the revolutionary junta. The judge conformed with that opinion; 
and decreed in accordance therewith.· Baldwin, in like manner, 
conformed to the same in all ·its parts, assuring the court that he 
would push his legal rights in due time. Under these circumst.an., 
ces, ~aldwin still availed himself of another legal right which emanated 
from the decree. He formed an accotmt of the effects \vhich 
were returned to hi.m. · He affixed prices to that which he said was 
wanting, .He added the expenses of himself and Servants, and oJhm' 
outlays, without o.ther proofihan his own word. His demand thus 
ascended to the sum of $5,656 21'). He then demanded an· arbitra-· 
tion, or judgment of conciliation; and if no conciliation should take 
place, the embargo or seizure of property belonging to Juan Salin.
as (a member of the junta} equi.valent to satisfy or pay his demand 
against him as a member of said junta, wealthy and able to pay 
the. demand. Salinas appeared at the conciliatory suit by his attor-. 
ney in fact, and did not give the least sign of disobedience, and only· 
objected .to being made alone responsible for the acts of the junta, 
when he alone did not commit said acts; for which reason he thought 
payment :sh9uld not be exacted from him alone. The inferior judge, 
proceeding iri. conformity with the petition or demand of Bald~.in, 
\Vas accused by the alcalde second, of being Baldwin's counsellor~: 
which· incapac:itated him (the judge) to proceed in the case .... Upon 
which, from motives of delicacy and in order that nullity might not 
Qil. alleged, he suspended the proceedings, and gave notice. thereof 
to the court of the state . 

. From thenceforward it does not appear thatBaldwin took a single 
step in the case. In place or instead of waiting the resolutions of 
the.. cou:rfof justice of the state, or to incite or provoke the court to 
resolve .the. question as was his duty, he converted his demand, al., 
ready senlenced or decided according to justice, into an affair of oni::. 
govewmenno, another, surprising the minister of his country in 
Me°x.ko; and ·,calumniating with audacity, and without fotmdation,. 
the .ii.bove citell Governor of the State of Oaxaca,* whom he a,ccus.ed. 
wilh having obstructed or paralyzed the administration ofjusti~e. 

*See copies of the official letters of said Governor to the G~vernmimt,.in 
B~~ . . 


21 

This is the cause why Insduim is found arnongst thpse comprised 

in the convention of April 11th, 1839. ... · . . . 

Such is the exact history of this case, as will morefully appear 

from ~he documents herewith presented. 'l'he subscr.ibing commis


sion will emit such observations as a knowledge of that history has 

presented to their minds. . · ·. . • 

In every step taken in this a~r, all the rights guaranteed to Mr. 
Baldwin by the existing treaty betweeI). the Uni~ed Statf!S and Mexico, 
were respected and conceded to him. ·When, by a denunciation, 
he was accused of having defrauded the treasury, (fisc;) and suffered 
in his person and property, he appealed from the sentence which he 
judged illegal find unjust, the superior tribunals \\;ere opened to him, 
and one of them heard him and decreed in his favor. The inferior 
tribUnal did the san1e; and there being a pre-ex~sting law· against 
the revolutionists, under whose momentary dominion he. had suffered, 
its benefits were amply applied to him, and he was .pla~ed 
within 1a. possibility.to recover his property and all damages and in• 
juries which he had suffered, by having placed at his disposal the 
persons responsible therefor i the· faculty or power to recover his · 
prope:i;ty was commenced and exercised freely, without limits ,and 
without contradiction. 

One single step on his part \Vould have made the business in ques-:tion 
terminate at once. What causes prevented his taking that stepi 
He alleges that Salinas, being in the exercise of an influential em'." 
ployment, caused him to fear it.would enable Sali11as to elude or evade 
the sentence ofthe tribunals. That, however, is a frivolous pretext, 
when we take. into consideratioQ. the fact, that, notwithstanding the 
pQsitiori which Salinas occupied, he, Baldwin, designated hjm as 
responsible, called him before the inferior judge, and demanped the 
seizure of his. goods,,equivalent to.cov~r the sum to which his de~ 

mand ascended. . · .· ··. 

Salinas, when he appeared by.his attome:f'm fact before the 
judge; manifested no intention to disobey the sentence or judgment, 
and only·0bjected to be alone subjected to it, when the responsibility 
of the acts whichled to the sent!'lnce was collective, or shared equally 
by the different.members of the.junta. Besides, when the two tribunals 
passed sentence. although they did not know that Salinas· 
would be 'designated by· Baldwin, they were not ignorant that he 

was'one of the revolutfonary junta uponwhich the rigor of the.law 
of February 22d, 1832, would be appliedj whic.h pr-0v~s that in 
conformity with their high duties, they were resctlved to .c.arry into 
etecution their sentence, withoutpaying or giving any-em;1sideratfon 
to th:e influence of the accused, which has no weigh.t aga· . 
sublime and Saviour-lik.e exercise or administration ofjustice,. . . . 
detention or apathy is.incanceiva,ble in a m@ ·whose persev:"l'iIJg 
anlf. unquiet character· is. known in Mexico, and 'Who, in t}le J?~ri.od 
of·8oJn~ y~rs, during wltich he resided in that country,'haa given 
place t()' the formation of thirteen ·causes. and ·summary•processes 


against him, part of ,which were prosecuted against.him for divers 
causes of which he was accused of committing, against, the authorities, 
against the fisc or treasury, against some private persons, and 
against the tranquillity of the p~ace where he !e.sided, o;dinarily and 
partly promoted or moved by lumself complammg agamst the same 
authorities and divers individuals. Those facts being known, his 
desisting or postponing the prosecution of' the business of wl1ich\ve 
ate treating can only be explained in.two modes: he either feared 
that bJ: prosecuting thejud~ment (juiCio).in the t~ibu.na~s (~lth_ough 
they d1d not nor had not failed to recogmze the mtrms1c 3ust1ce of 
his complaint) the amount claimed might be lowered in his account, 
as it.had no other support thanhis simple word or calculation, which, 
being abandoned for five years, he could cause it to ascend, as he 
now does, to the scandalous sum of €1121,398 43. Upon this illusory 
account we will speak hereafter. . . • 

When Baldwin formed the first recapitulation of his property 
not returned, .the e:x:penses and prejudices which the seizure of his 
effects and imprisonment of his person occasioned to hirri (the whole 
being ·valned.by him.s.elf, and without omitting the least part) it may 
be supposed that he made mention of aH hisfosses, and,we.obs~l'Vt? 
exaggeration in both prices and results. But our surprise reaches 
an inexplicable height when we examine the second acco·unt nov•' 
presented to the junta. In regard to the.$5,656 25, in the first ac~ 
i:.ount, the items of which, as before expressed, are founded alone 
on his word, notwithstanding he expresses that this sum was seno 
ten:ced or adjudged, it must be observed that the sentence did not 
mark, nor could it mention or mark it. He indicates, in his memo~ 
rial to the junta, in the paragraph marked with the number 14* 
that there will be no difficulty in awarding interest to hiip. according 
to'the right mentioned therein. On what does be found his' pretensions 
for the credit of $4,242 18, for l1icro cesante suspended 
profits1 On what does he support his pretension to claim $11,500, 
for J;he 'loss of his books and papers, of which he never spoke before 
the tribunals of Mexico 1 What reason can be found,,after h.e himself 
placed a value on all the accidents of this business;·to adjudge 
himself a creditor in the sum.of $25,000, for damages arid injuries 
that resulted to .his person~·. And' besides aJI this, as if-the divers 
modes in which he has augmented the value of this .business were 
not sufficient, he, at his good pleasure,-demands $75,000. (Por que 1} 
Fm: ·what reason 1 For the infamy, for the attack upon his honor; 
arid 'character, a.I).d for the complete destruction of his mercantile 
plans; which demand he supports by the testimony of one. single 
person; partial, because he is his fellowccitizen; and because of the 
interest which he had in divers negotiations with Baldwin, wbiCh. 
he does not deny in his certificate, and because that he himselfis a 
claimant Besides all this, by what title, under what legal investiture 
does Mr. Parrott certify the mercantile progress of another 
man, losing sight of the probable duration of life and of the uncer-. 


.tainty of eve11ts,<which are never subject to c.afoulation? Is riot thjs 
building castles in the •aid, ··. . ·. · L · . 
. . If.this business was not so grave in its nature, ifit;Was;not des


·tinedJo.the..examination of a respectable.persen, theMf.xicafreom., 
mission·,would treat it:inca wood less. ser~ous. . They ought not to 
omit'to call attentionto the fo1low;ing, viz: If it should be established 
ias a:.,rule in social transactions, to'perµiit _eersons to place a value on 

every one .of. the successes, mishaps, or casualties, in which he· may 
, find complicated his fortime, his sufferings, and even pis calculations and dreamll, legal order would be overturned, the love of .labor and 
honest industry would be lost, probity would be prostrated before 
sordiclintel'est;a:hd the majority of m!'mkind would desire to find 
.themselves in such sittrations and sufferingsi or they, would seek cir 
provoke it by infringing1the lawi ofthe countr:y. wPich they might 
select with a view to,,make arapid and: large fortune;· · · It.:is well for 
the human race that such measures are on!y produced in some heads; 
and that good opinion qualifies them as a delihum'of the understanding, 
fou:nded in. avarice. · . , . ..• : 
... The;Com.missio.ners who subscribe this will say something;.before 
they:conelude,·;\.ipon some expressions used in th.e ·memorialto the 
junta,; and in other papers presented by Baldwin, in which he speaks 
lightly of the operations ofhigh functionaries ofMexico; .. This wm· 
giveanoidea of the character of that individual, and will serve·as a 
rule by which to measure and qualify his expositions and complaints, 
and will be a tribute rendered to the respectability of those function. 
aries. Already we have seen with what facility he calumniated:the 
first magistrate ofthe State of Oaxaca, alleging, before the Charge 
d'Atfaires of the United States; that hepa:ralyz€dor rendered torpid· 
the.fulfilment .of •a;judicial decree. This calumny was completely 
destroyed by facts; and gave· Ot'.casion to conTerfthe affair of.TehU:..· 
1l'ntepednto an affii'ir :.of government to government; to which point, . 
withou.v th~fcalumny;•it perhaps would never have ai:rfred. 

In the divers papers subscribed by this indi'ridual, an unjust and 
malicio"ris mtention may be :observed. He attributes to all the M?Xieans 
·the . fli,tilts ·and' charaeter. ~hiehalone can belong •to some of 
them •. · This mode ofseeing,,this system of qualification, has brought .·. 
upoii him, without dollbt;:a .partof the sufferings :of which he. com-; 
plains; and which have been the consequence oLhis d'iifobedien~e to 
the authorities. Forever the man will be a;vietim to' sucli r.esulfs,, 
who ;pr,oposes to himself to ·despise the societyjn whiCh he' lives, . 
and cpnstantly wrestles with it Not colitent'witli this, inthe,con,.; 
clusi6n of; his memo:dalto the \junta; he;asselitsAliatthedS1e:Xican 
Government, instead of punishing;the criminals whic:h,he named~,has 
re;War<ted them With: office ,and honors for the conduct which they, 
observed with him. The long residence of Baldwin in Mexico; 
ought:tq:4~ve:made him acquainted withtlfo politiea1 historyofthe 

countrij>') ;whfoh has been' similar to all those· that hav!) suffered com~ . 
motions a,fid ehiil '\Vars. He ought to · t.onsider that none .of those 


24 


wars have ever been terminated by the sword, or by persecution, or 

by the scaffold· if such were the case, the least movement or mu


tiny would be the signal of ruin to society. The directors of that 

r~.public, without ceasing to oppose themselves to the factious, avail 

themselves of every occasion that presents itself, to termina.te their 

wars through the medium of conviction, or of pardon ·extended to 

the mutinous. In this case, the Government of Me:ll.'.ico was found 

at that time. It .made the revolutionaryjunta of Tehua!ftepec sub


mit and cease from their political errors by means of an amnesty, 

hut without prejudice to the rights of a third party; and as the object 
oran amnesties is to restore the individuals whom it embraces 
to their anterior rights and privileges, those to whom Baldwin refers 
obtained their right to situations and place of honor or profit. 
Afterwards they became responsible for the a-ct of which he complains; 
not because they took his goods, but because they formed a 
part of an intrusive authority, and illegally ordered the judgment 
and seizure of said goods, and, the law authorized the plaintiff to 
bring his ·action against them. 'I'his is what the tribunal . declared 
in.conformity with their duty, and, in so·doing, ga.ve a proof ofjustification: 
As the complainant was not ignorant of this,-his asseve~ 
ration. againstthe government is the resulnifmalice,··or of a custom 
to .vituperate the authorities which deserved his respect. In presenting 
them as· being decided to reward his persecutors, only because 
they were his persecutors, is attributing to the person of whom 
we trei;tt, an interest of no manner of use to him, and but little in 
conformity with his high character and faculties. · . 

_The subscribing Commission will proceed to note their conception 
j11 regard to the present claim. .. . · -. 

·(1st. The authorities of Mexico havjng conceded to John Baldwin 
aU .the recourses to which he had any right, by the article. 14th of 
the existirrg treaty between that Republic and. these United States, 
the Mexican Treasury cannot, in . this case, be responsible for any 
si:un. . 

· 2d. 1'hey recognize the intrinsic justice of the same Baldwin to 
have restitution made of his• property, which was seized in Tehuantepec,
in the year 1833, as well as for the damages and losses which 
he suffered, in conformity with the decisions' of the respective tribunal 
givenin his favor, which must be· prosecuted before the trihu· 
nals,·against the persons responsible. : 

.·. Sd: The judgment being opened against those responsible, Bald· 
win oughtto continue it, either in person or by attorney, to its termination, 
in conformity with the right given to him by that deci· 
sion, founded on the law of February 22d, 1832; a right which he 
commenced to. use, and which he abanqoned without sufficient 
cause; 

To actotherwise, would be to interrupt the course ofjustic~. peiid;. 
ing befo~e a Mexican tribunal, whose decisions ought to be respected 
by the complainant; in like manner should the laws, uses and 


statutee; · of that Republic, ~c.cor\ling to . the obligationir:iposed on 
him by the final pa,ragraph ofthe ~d part. of the &d article ofthe 
treaty aforementioned. · . . , , , . .·: · : · . · 

'I'his::is the qpinion.qf the, .undersigned. cornmissfone1·s;;e]{tended · 
witJ:i .trnth, founc;led on facts; and inspired by.th,e most fr~kimW!r'." 
~iality;: and which, in: confpr~ity:.with the art.icle '7th of the. c:onv;en~ 
ti!l'cl·ofthe 11th April, 18891 i;):ieysubmit totb,e(l(:)cision of.Flis Ex'C!'
liel!cy. Baron de .Ror;nne,.. Arbitrating Mh}.ister, .who reprf:lSel!tS. 
H,is Majesty the King ofPrqssia. · 

•Washington, Jan: 3W; 1841. 
. Copy of the opinion: of the Mexiean Commission, submittecl:to 
the a:rbit.er, whfoh, ill conformity with the resolution adapted by the 
Board atthe meeting of ~a~uary 27th, I certify for llie•ex1·Msiv~.use 
ofthe Ameriean Gommissionand their Government, ·· •.' :. 1• • 

" LucAs DE p ALACIOS y• MAo'AROLA! ' : 
'Washin;[ttiin, Marek 3il, 1841. . ,:, r,£', 

_,: <,-.-


· Interlocutory Judgnient . 

. . 'The daim of Mr. Baldwin ;gainst the· Government of the Re~ 
pJlb~ic of Mexico, cannot.ye; i;eceive the final judgment ;i;equested 
f:mmJhe.arbiter, ..• It :iS in.*e first plar:e necessary th.at the Me~ican 
cp;rn,missioners be heard cm the fii.cts advanced by the ~!1'.l.erican c91Il.~ 
;missio{.lers, in the ~xtract hei;ero .ann.e.xed1 fr01:IJ,·:th(3.report which, the 
lat~r have madE!.to the.umpire tinder dA-~e of.th¢ ~d .of February, 
1841, as well as the documents which are quoted in said extract


'.s1ee, (J.0,11···g.'.·d·o·c.....,N.··.o; 351, .. ~.fJ.. 8...3.8.} •.·In.. •.·..order, t·.o ascer.tain. whe.ther

t'~e ~ov_eJ;rlent wJrich in. 1~33 • took p1ace in the S.t.ate. of Oaxaca 
bore the chai:acte~ ot' a .. rpvolution,. or that of a rebellion, and 
wlieth~r,,co11sequently,.µle'Pe1'SC/US who.took a part in' Mr. Baldwin's 
affair, acted as authqrit;ies!)fa political party oras private indiyiduals, 
it will be necessary circumstantial!y to· set forth the facts reJa~
ve to said movement. .If it shall appear from t4~exaµiiµation of 
th.13se facts that.said persons haye acted as privat,e .individu~Is•.i,t will 
1).i,i.ve ~o.be fuquired as to whether the M.eJ>:ica11, Go:verrnnent has 
used. all th(!) means..within its power to pr:event.the :mi§ch,ief done by 
s~Lid pe,rsons: . . ' .· ..•..(.' ; . ': ,: ; •. '' ; ,;: ' .. ·· ' ·..· 

:As to the facts adducedin order to establish, his claim; Mr. Baldwlli-;
r~f1fr~,,fo, hismeni,' '' f;>f the ·39th9f:nec;eml:ler, 1840,Jo his 
.~~.tt,~~; of, th,~ ,2~4i }.\fay, ... 6., to l\ifi:~ ,Ra.~rptt, the.:Unite(i S~tes 'Con~ 
~n.tatJ\f!l;iv.Q :, 1.n, that lett~r he, go,~~. ,1lltP ,a, deta1lf3d statement ofthe 
011trag~~)Y:¥,ich)l.e affirms he has'.suffe,red~:< .'l'he l\.lexi~ap.comJ:llis~ 

, D , . , 


26 


sioners must answer, point for point, each fact adduced,. in order 
to warrant a judgment as to what facts they contend against, and as 
to those the truth of which they admit. · 

Mr, Baldwin must then make proof of the facts contested by the 
Mexican commissioners: The :American commissioners have,· to 
this effect,' referred to the document, letter E, of the SpaniSh c~py.. 
This document contains an extract of the Dles in the suit brought 
against Mr. Baldwin ; but those documents are wanting which were 
submitted to the licentiate Arteaga, and which, as it appears by'the 
minute on the 6th page (see page 5th of the English translation) 
consisted of four quires of 178 leaves. As these documents will 
doubtlessly throw light on this matter, it is necessary that they 
be produced, as wen ~s the document~ to wh,ich Judge Yela refers 
in.h.is reportof the !0th of M~~h, 1835,; (See, (Jong. documents, 
1838, No.. 351, page 558.). ..• , .· , ·.. ..· ....... ·. ,, , 

As to the a!l].0Untof.indemni:ficatfo11 c~aimed by Mr. Baldwin. the 
dep9sition m~e by him before the ~Jcalde Jose Mariana Reyna, 
under the date of the 20th of January,·1835,.for the purpose of· obtaining 
a judgment of conciliation, seems to have been considered 
by the American commissioners as evidence against the Mexican 
Government. This. opinion will hardly be i.hared in, unless it shall 
be justified. It will therefor~e be .ne¢essary to..have recourse tg 
other proofs. It may be, that elucidations on this subject may be 
drawn from the certificates of which tfi.e,licentiate Arteaga speaks, 
in pages 21 and 23 of the document letter E (page 21st of the English 
translation) as.also from the ii:rverifory of the property 'of. l.VIr. 
·Ba]dWin, of which inventory Judge Vela speaks, in his report·-of 
the• 10th of March,· l 835. If. l\lr.BaldWill succeeds in ptqViµg 'the 
seizure of his effects, and that the only proof wanting be thafof,tlieir 
'Value, ~t inay b,e appraised by 'Comparison with the price of ·~rticles 
ofthe same kind, aMhetiine when, and the place where the seizure 

3

tocik piacei ·•· ; . . . .· ·. . ..·.· :.· . : 

Besides the'articles seized; there are in said depositions. other'arl 
ticles, to wif:· wage's paid to servants, &c., &c.;amcimifftigrto the 
sum of ·$2;099. The facts relath·e to these aitiCles are 'riot su'ffiCi~
ntly.particultirized i it is not· seen, for instance; whaf.#as;thehatute 
of the personal expenses Pf w'Jrich Mr. Batawiri sp~ksthere}(), 
·&c., &c. . . . . ·. . . . . · , , . 

•'· Tlie American ccinimi~ionersaHOw'Mr. Baldwin $12,?00, as 'a 
<!oillperi.sation for the damage acertiing lfy the. loss. of his ·time;ilie 
ir(teirup);i:en, of his ecimmeree, &c., &c,; as also $3i000)rs an :fu_ 
dertmity for his iri:iprisoritnent, and for the outrages offered ;td, his 
pECrson ~d1¥_honor ; !Uld lastly, $3,559 25 as. a compensatiC:l!,I. fdr 
1h:e,profit ffom:which he was ileliarred; in. their opinion, ii). consequence 
of th'3 s~i;ur~ofhiseff~ts. ,· In ord~r1fo'b£1abfe't0ca'.WartPim 
thas~1'cii~ts, it,is; iqi.po~nrt~.k!!'?~wha:t '¥~e ~~~,Pr~hci~~es~?r1Vf~~ican
·law; relat1ve·.to 'th~1nP:emmty nue for ·Uam:ages ~a.u:soo·by tres• 
passes against the :person ·or ·property·t>f ;rither individ'ifal~ ·. 'The 


_27 


nue~tip,n is nol so much to know what .is, 9.n Jhat subject, the opi~ 

.qion pfthis or that Mexican jurist, as it isc to .est11blish, what ar~ the 

r.ul13s qpserved mthis conne<;tion by the wurts of j"qstice of..l\tJexicg, 

a,Q.!i e,s,pecially byits supr~Ille con~. . The r.esult of.· this. ex~inl).


tipn will stand as a guide fo:rthe investigation of the claim 9f,l\1r. 

Baldwin, in relation to the sum which he dtim,.ands by way of da


mage and inter&-t, or ofinjuries suffered by hi!If .. Jt shall therefore 

be necessaryfor him to.make proof ofall the mets, in which, accord


ing to the proceedings of ~Iexican law (when they do not conflict 

with the general principles of right admitted by the law of nations) 

the question shall depend as to the amount ofdamages, either'for vio


lation of his liberty, &c., or for the seizure of his effects. · 

As to the profit of which .Mr. Baldwin mentions he was depri:ved 
by the seizure of his chattels, it will be neee3Sary particularly to examine, 
if, according to the principles of Mexican law, the damage8 
on the score of the profits of which the indimual injured has been 
deprived, embrace that only which is a direct andimmediate conseque~
ce of the trespass. This being supposed, the question turns on 
ascertaining wheth~r Mr. Baldwin could rely with certainty on the 
piofirs wkfoh: he avers he might have made on the indigo (see 
document, letter E;page 35 of the Spanish copy, and page 32 ofthe 
English translation) or whether they are merelr e~njectnraL ·· · 

The Mexican laws, and the authorities quot'3d i!l the examination 

of the principles of Mexican law, must be submiued to the umpire;· 

Done at Washington, the 23d of February, 1841. 

(Sign13d) Ro:&l!INE. 

MEXICAN RErunt.rc;~Mrn1sTa1i oF EXTERIOR RELATIONS. 

' -:: ' : . ' . . 

PALACE· OF Tl[E :NATIONAL Gon&~UENT, (.. 
. . MEXICO. . . . OF . • 18-. s 
·Provisorato Ecclesiastical Court of Oaxaca: . 

Until tod,ayl have not had ih.e honor to answer your esteemed i;iote, 
in which you were pleased tofosert that of the most Excellent Minis'" 
ter of Extetfor Relations, ifi virtue of which and to give due effect or 
fulfilment to its contents, the archives of this court have been examined 
with scrupulous attention, for the purpose of remitting to your 
Excellency tlie. original or a certified c.opy oftlie process, of which 
'relation is made in tlie index, which likewise accompanied it; but 
in despite of the diligence with which it was sought, it was not f9und 
in the.files of the years cited; of which Iregretto inform your Ex~ 
cellency•. I ought however, to advert to the fact, that, from information 
I have received, it krememb.ered that the stranger Bal~wfo 
presented in this tribunal a demarid for injuries against the Curate 
of Santa Cruz, D. Toribio Castellanos, and that said process did not 
follow the usual steps, because. the person ·in Jured· and fhe accused, 


28 


at the ·solicitarion of the Sor P,rovisor, judge 'Of the ecc1~1aalie.al 
court, who at that time· discharged the duties of thiS eourt, c,dmpro· 
misedihe flffafr, and the Curate gave satisfaction to Balq'\Vin: ··For 
which reasoris; I avail myselfof t:l:ill! occasion to reiterate to· you the 
as1mranees of my ctmsideration and distinguished regard. .. ' '·' 

Go.cl and Liberty, 
E-ccl-esiastfoal COurt efOaxaai, ]}larch 8th 1B41. 


\ ... fo'SB M:AR'lANO YRiGO'lEN, 

'To the most Excellent Sr. Governor of this Department, D. Jose 
Lopez· Ortigoza. · 
A copy: l\'.£Ex1co, ll'larch 24th, 1841. · 
.(Signed) ORTIZ 1\lfo~ASTERIO. 

lJEPOSITlON OF JOHN BALDWIN. 

JoHN lJALD:W.JNdepo~eth and saith: That whilst prosecutipg a 
sui~ in the ci~yof Oaxac"'.il'l the Year. 1834,Jor the recover:y ofalot 
of·.me~chandise which ha.d. been sequestered. in.. Tehuanuepec, ill. the 
year 1833 he found it, prudent to leave the city of Oaxaca, which 
was. then. the seat of revolutionary struggles between-the Federal and 
Central parties ; he retired to the viUa -0f San Pedro del Alto, where 
he sp-ent some three or four weeks, and parchased some three or four 
thousand dollars worth of cochineal i in the mean time the Central: 
party ·got possession of the Government, and tranquillity, was 
restored. The deponent then set out to return to the said city of 
Oaxaca, bringing with him the cochineal he had purchased i he 
mopped :with his mule.s, muleteers and cargo, in the town of Santa 
'Cruz, arid procured lodgings in the town house, where be was waited 
1ipon by the.A1calde, t'O woom he eilibited bis passport; after 
which the said Alcalde furnished him with such refreshments as 
were necessary' for himself, shvants and animals, for which deIJ'O'" 
nent paid. Whilst deponent was at supper, he was surprised by the 
entry o.f ten or twelve men, armed with muskets,, which they en· 
deavored t0 hide with their Cloaks; the leader imperiously demand• 
ed that deponent should exhibit his passport; deponent informed him 
thathe had already shown bis passport to the c.ivil authority of the 
,place, and ;po.lite\y inquired if he (the leader of the party) belonged 
to the nillitary; to which said leader insolently replied, that he 
·helong.ed neither to the civil nor military:, but that he was sent by 
1he Curate qflihe place. The equivocal conduct of said leader and 
.his ,party:, indueed deponent .l:o believe that their .object was. to rob, 
find perhaps murder him; he therefore seized his arms' and stood 

on his defence., an.d .told the :leader that he did not rec::ognise .any 
power in the .Curate thus to asSl').il him, but if their mission was hoiie
§t and _pacific, he had.no objection to &how his passport, and desired 


29 


th1(ilead;~r!to:i}1proach by birnselfand read the passport, which said 
leadefaidflexpressinghilllself satisfied therewith,' and· Said ~the·· Cu.; 
rate· was'drunk, and. crazy, otherwise be would not have usurped a 
po'Wer-tbat •belonged exclusively to the 'civil authorities.· ··Deponent 
then retired to rest, the mentioned')eadei: a.ndhi'sparty having pfo· 
'viouslycWithdrawn. . He had scarce laid< himself down, when the 
church bells sounded an alarm, and the whole'towh ·was collected 
in the public square (about four or five thousand people) with pitchpine 
fotcheS in their hands j deponent was then aroused by a: loud 
knocking a( the door of the room he Was to sleep 'in; and inquiring 
who was there,. he wa~informed that it was the ·curate, w}io came 
to ·punish him for having evinced an intentiori to resist the armed 
force which·h~·(the 9urate) had sent ; deponent refused to open' the 
door un:tiJdaylight, when he would cheerfully respond; before the 
civil auili0riti~s, to any charges preferred a,,.<18.inst hii:n oy'tlJ.e Curate, 
or any other person; The Curate then becaJlle furious,' and 
swore, in his wrath:, that' he would•make an aiuio•de,;;fc ofthe depo~ 
nep-t. w,hom::he. styled a. heretic; he· (the Curate) then called the 
blacksmithwifh::ipip1ements .for for~ing open the door,·which,being 
·of..fciu~~ine)l1 plank;t and securely· braced within, resisted all· the 
effottS'ihade to -that 'purpose ph'e Ctirate then seized ~ torch .11nd 
Wislie'd. to: fire 'the: house; and thus consumm,ate his 'avowed intent of 
burning deponent,: who, he said; being a heretic, was like the beasts 
th.at perish, and had no soul, but the people interfered, alleging that 
the house:waa valuable, and that if it was fired the whole village 
would 'b1Honsumed: in the mean tirne deponent was addressing the 
multitude Without, . through. the, window, claiming frozP, t:lJ_em the 
rights of l:).ospitality, and the exerei11e; on their part, of'the laws of 
humanity ; he·· informed·them . that he was ail. utter ·strange];'. W:i~ili. 
,their gates; who. had in no wise offended aIJ.y<;>ne,and whl>,ha:d'paid 
a proper respect to tlie civilau*o'dty 'Oftn~ place, btshowing his 
passport immediately bn arrivingtanq,who 'had likeWise paid for 
the refreshmentifwith which he had been fiithished. The Curate at• 
ten:pted'tb c:l<:iu~tef1J.6t the impression made on. the people, by vocife-. 
ratmg that deponent:w11s i'l:' heretic; and that it would be'serving God 
to burn him ; whereupon deponent recited the creed of the Catholic 
· church, and such texts of Scripture aswere most apposite tO~hissitu:~ 
ation, by which means he convinced the multitude that he was born 
and educated a Christian. The Curate then ordered the window:to be broken open, which was done by repeated blows from a sledgehammer. 
Deponent then, after :receivmg the assurance ofthe lead'.
ers of the people that no harm would be done him, allowed th'e curate 
and one man to enter through the window, for the purpose, 
as the Curate said, of receiving' apologies ·from him for his (the 
Curate's) unwarranted attack on deponent. 'Jlhe Curate and his 
friend entered; sword in hand, and deponent and his faithful servant 
were armed to the teeth and ready t-0 repelany assault; which being 
seen by the Ctirate, he threw down his sword, opened his arms, 


ao 


and deponent permitted him .to· embrace him, an.d re<;~_ived from him 
many apologies for his rash conduct, to which, he said,.he was impelled 
byan apprehension that deponent did not think he was a gen~ 
tleJ11an, but having now given this proof of his g~ntlemanly l<onduct, 
he would retire and leave deponent to rest. ·· . . • 

The multitude appeared highly gratified with the conciliati-On ; 
and deponent, not to be outdone in .politeness, ·offered to let the Curate 
make his egress by the door, which he ordered his servant to 
open i the people, attracted perhaps by curiosity, rushed .into the 
room, and the Curate, finding himself surrounded by his parishioners, 
most unexpectedly on the part of the deponent, struck him a blow 
in the face, which would have been returned with interest, if deponent's 
arms had not been pinioned by some of the Curate's confederates 
i the alcalde then interfered and hurri~ the dep9I).ent off tq 
prison; evidently with the intention of saving him from the fury of 
the Curate and his follo'Wers, who took possession of deponeµt's property, 
arm,s, clothes, &c. ·The servant of deponent immediately 
went in search of the judge of primary jurisdictioi;i, who resided at 
the seat ofjustice, eight leagues distant. J:n the :m~n t~me (it being 
Sunday morning) thti Curate said mass; after which deponeµ.t was 
exposed to the gaze of the people, who came to view hi1n tfirough 
t):ie bars of his prison, as if he was soµle ferocious wild animal. 
About eleven o'clock, A. M., deponent was mounted on a jackass, 
and, under an escort of ten or a dozen persons,· was proceeding to 
the seat of justice, as a common malefactor. In the suburbs of the 
town of Santa Cruz, he was met by the judge, who ordered the pro· 
.cession to return to the town-house, where, in presence of all those 
:whom.the Curate had sent, and in presence of the civilautl).orities, 
deponent . .made a succinct relation of all that had oc¢.m:red; to which 
?.lLpresent .assented. . Whereupon the judge rebuked the party sent 
by the Cµrate, and told tlf~ that ifdeponent had shot any or all of 
t!iem; he would have :been perfectly justified in so doi,D.g. He ordered 
deponent's.prop.ertyto be restored, which was done, excepting 
deponent's watch, chain. and seals, and cochineal to the v:alue of two 
hundred and twenty dollars, whidi: was abstracted during the time 
th.at said property was in the pos!Session of the C\lrate ; the watch, 
.c.haiti and seals, cost deponent two hundred an.d ftfly dollar!S·»: After 
;which deponent paid the judge's fees, fifty dollars, which, in the aggregate, 
amounts to five hundred and twenty dollars. · 
. When d,eponent returned to . the city of Oaxa~a.. he presented a 
me:rnorial ·.to the Governor, of the State, ---Leon, demanding 
indemnifica,ti()n for the. outrage, \and the punishment of the Curate . 
.Th<) Governor transmitted th!'l memorial of deponent to the ecclesiastical 
;;,ourt, before which tribunal deponent gave a declaration .. 

Th~ proceedings in the case have been refused by that tribunal, as 
will appear by the official note of the Me.ii:ican Minister ofForeign 
Relations, dated Mexico, March 241 1841. 

JoHN BALDWIN. 


31 


riis.fiJ,b'l'. CoLUM BIA, W askington Connty, to wit : 
Sul:is\'lribed and swm:n before-me this 12th July, 184.1. 
.:.. CLEMENT T. CooTE, Justice Peac.e. 

AFFIDAVIT. 

JoHN BALDWIN deposeth am~ saith: That on the 28th of June, 
1834, he was arrested by a military detachment, commanded by Lieutenant 
Pantaleon, and conducted to the prison in Tehuantepec, where 
he was detained,by order of the.c.ommandant Colonel Alejo Villa-· 
!obos ; he was extra,jµdieiallyinformed that his imprisonment was 
caused by Timoteo Jose Gonsalez, as will appear from said Gon-:: 
s.alez's letter to the commandant, found at folio 41, of vol: 2d. 
Whilst he was in prison, a_ lot of merchandise, worth about eight 
thousand dollars, which, under the conduct of Luis Mexia, came 
from V:eracyr\lz, wa.s. seized by order of said military commandant, · 

.··..• ,ii.?i:Fb;f!):l;igllt'to the prisonwhere. deponent was confined. The party 
then .in power was the same party that had seized and sequestered 
a lot ofmerchandize, belon.,uing to deponent, .in 1833. Deponent was 
then ( 1834) menaced by the commandant with a sequestration .of the 
cargo then .in said commandant's custody, and was only able to liberate 
it by paying himfourteen hundred dollars, part in cash, and the 
residue in a bill of exchange drawn on the house of Wm. S. Parrott, 
in Mexico; which bill, ifmemory serves, was for upwards of eleven 
hllhdred dollars; this amqunt can be proven by the ·commercial 
aceount books of said Wm. S. Parrott, which are now deposited in 
the building of the U. S. Treasury for safe~keeping~ ... On the 10th 
ofJuly, of the same year, this deponent was re~eased from prison 
by l.o!;lzaro Mantecon, a judge appointed by the authorities that then 
we:te iapower, as will app~ar by his decree at folio 49, vol. 2d; deponent 
wa.S; then kept . under. th,e 81.l.rveillance ofa· military guard, 
until adviee was r.ec.eived from· Mexico, that his draft on Parrott was 
duly honored. af'tei>;w-hich his. merchandise was delivered to· him 
and himself set at h"berty~ .· 

JOHN BALDWIN. 

DISTRICT oF CoLUMBIA, W askingtO'Jt C01inty, to wit: 

Subscribed and sworn before me this 12th July, 184L 
CLEMENT T. CooTE, 7'11;Stiee of tke Peace;,