United States. Congress. Senate. Committee on Fore.

Compilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. online

. (page 83 of 156)
Online LibraryUnited States. Congress. Senate. Committee on ForeCompilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. → online text (page 83 of 156)
Font size
QR-code for this ebook

ft Abra Silver Mining Company 9$. Mexico, I think about the
Mitions of these witnesses were corrected by the Consul in a
opied by me and read over by the witnesses, and approved,
and we did not finish them until late at night, long after mid-
ley were there— and I well recollect, in this connection, the
ice exhibited by the Consul, Mr. Isaac Sisson, on thatoccasion«
refused to return there the next day to complete their depo-
ed upon going on and finishing their testimony that nignt^
hether they were all written down that day, or whether we
re to the work, I do not now remember, but I recollect dia-
ompleted late at night, or before daylight in the morning, and
I very bad humor about it ; and also that these witnesses were
^ent, cautious men, and scrupulously careful in reading over
K)sitions in many places, after they were written down before
lone exactly as they gave them, notwithstanding which, they
to copy whole sheets of their depositions during the night
em, and when they were corrected and copied precisely as re-
ees, they, and eacn of them, declared said depositions correct
!, as to tne facts stated in them, and they subscribed their
kme, in my presence and in the presence of Isaac Sisson, the
y whom they were taken.

ese witnesses, Loaiza or the Gamboa brothers, or either of
rfered with in any way by the attorney of claimants, or by any
[;heir said depositions before Consul Sisson, in May, 1870, or
em, or were the proceeding's irregular, unlawful, or improperly
Q the taking of said depositions f

of the kindhappened ; the proceedings were lawful and honor-
M>nsu], the attorney, and myself as interpreter and acting
in transcribing said depositions, which I did, as I have stated,
)f said witnesses themselves. After they came to Mazatlan
the propriety of testifying before the consul, and they had
at it would be proper and right to do so, I believe that no
with them, or attempted to prompt them as to their evidence
eitions were completed, corrected, sworn to, and signed by
lieve that any one could have approached them in such way,
koritiee, who had the power to comi>el them, or influence their
id depositions contained precisely what they had previously
knew with reference to said American claimants and their
ined nothing more than they told me was true, both before
Aid depositions.

nants, Mr. Adams, was present only a part of the time during
d depositions before the United States Consul, but said attor-
vith any of said witnesses, nor with the proceedings, or the
ons in any way. The &ct is, the said witnesses made their
i\ Sisson in these cases, with such candor and detail of circum-
viction to my mind that they were speaking the truth, and I
le truth in those depositions ; and when they came to my office,
1 testified in support of this claim and the two other claims
imboa told me of his unhappy interview with Governor Bubi,
Its of confiscation, and other punishments, if he and his brother
ie of Mexico, ignoring their depositions on behalf of claimants,
md for Mr. Adams, the claimant's attorney. I sent for said
uid he came to my office, and there he met both Trinidad and
I, in my presence^ when Mr. ^dams told said witnesses in my

Digitized by VjOOQ IC


hearing, that if there was one nntrnthfol statement, or word, contained in those depo*
sitionsy ne did not wish to keep them, and would not TOrmit them to be filed at Wash-
ington, upon any aocoant. One of the brothers, Gamboa, I do not remember whether
it was Jaan Francisco or Trinidad, remarked, at that point, that he, the attorney for
claimants, had given them barely money enoogh to pay their ordinary expenses from
Cabazan to Mazatlan and back home, and if they shomd have the troable with Gov-
ernor Bnbi, which they then anticipated, he, Gamboa, thoneht it no more than right
and fair that said attomev for claimants should see that tney were indemnified in
some way for their loss of time, and for any troable that might come to them. This
was at once regarded, and resented by Mr. Adams, as an effort on the part of wit-
nesses to place him, the attorney, in a Mae position, and he frankly told them so,
declaring at the same timcL that he had paid their ordinary expenses to and firom
Mazatlan, and the lawfiil fees of witnesses, and that if money was what they meant
by indemnitv, that he woold not ei ve them another dollar, as such a proceeding wonld
look like bribenr— that he ''declined to be placed in a false position in the matter"—
which were, I think, the exact words used by him ; and finallv Mr. Adams offered to
return said depositions to these witnesses, if they would say that the depositions, or
either of them, contained any statements not strictly in accordance with the facts, or
if they wished to change or correct them, that they should still have an opportunity
to do so before the United States Consul, then, or at any time before his leaving
Mazatlan ; to all of which said witnesses, the Ghunboa brothers, and Loaiza, answered
in my presence and hearing, that the deiiositions were truthful in all respects; that
they had already made all the corrections they wished to make in said depositions,
and they all then consented that the attorney should keep the said depositions,
254 and file them before the Joint Commiflsion at Washington as their testimony in
this and the other cases referred to, and they would take the risk of punishment,
and they parted with said attorney in a friendly manner, though they were apparently
despondent, and fearful of serious trouble with the authorities for testifying in sup-
port of these claims against Mexico.

Question 15. Do you, or not, know anything about "prestamos," or forced loans,
having been exacted and collected by ]tfexican military authorities, from claimants,
or from foreigners generally, or of claimants' arrest and abuse by said military, during
the late wars there— say from 1863 to 1807, especially in the Sta of Sinaloa and other
States under the militaiy Jurisdiction or conunand of General Bamon Corona f State
what you know in relation thereto?

Answer. Tes, I know that such exactions from foreigners were made and enfbroed
bv the military authorities all over the States of Sinaloa, Durango, Jalisco, and proba-
bly elsewhere under the command of General Bamon Corona. As editor and pub-
lisher of newspapers during; the war and revolutions there, it was a part of my business
and duty to inform mvselfas to what was going on there, and sometimes to publish
the facts with reeard to such depredations, but not always, as their publicity was
sometimes forbidden by the militsry authorities, on account of the effect that such
publicity would produce abroad. I do not know, of my own knowledge, that prestamos
were so exacted and collected from the claimants in this case, but I ha^e heard respect-
able Mexicans say so, and also that the claimant, Tobin, was arrested by the military,
held as a prisoner for several days at a time, and that on one occasion he was placed
under the fire of the enemy's guns, on the battle-field, at ** PalosPrietos," near Mazatlan.
This last-named outrage was detailed to me in full, by Lieutenant Henry Malcolm, a
cavalry o£Qcer of the Mexican army— under command of General Corona, and I have
heard the same facts stated by others, Mexican officers of that army, who said they
disapproved of such unnecessary cruelty.

Question 16. What officers of the army, under General Corona, were authorized or
allowed to exact and collect such " prestamos," or forced loans m>m foreigners?

Answer. All officers on duty, from Mi^or Generals down to Lieutenants, and I have
known of cases there where non-commissioned officers, and private soldiers of that com-
mand exacted and collected such prestamos, with or without the authority of their
superiors in command. Such cases were common— and an every day occurrence, during
the late wars there, not only during the time covered by the question, from 1863 to
1867, but even up to the day I left that countxy, in May, 1872, such exactions were
still made and enforced in that military department, by said authorities.

Qaestion 17. How do you know, or how were you made acquainted with the fiscts
stated by yon, in answer to the foregoing question ?

Answer. By living within the military jurisdiction of General Corona, during the
time referred to, and by listening to the statements of the militarv officers of the Be-
pnblio, many of whom often stated tome that they were ordered by their superior
officers in command to make such demands, and to seize, for the use of their troops,
all or any provisions, or supplies found with any one, or any money, goods, chattels
or other things of value, wnich could be converted ifito money, or supplies for the
army, m case they should refuse or neglect to pay such prestamos ; and in many
256 ea s e s the said military auth<mtie8 of the Bepublio, seiied and oonrertad to

Digitized by VjOOQ IC


their use, the goods, proyiaions and other sappliee needed by the ftrmji withoat
stopping to make said exactions, or of going throagh the form of leyring prestamos.
I luiow the £ftots) too, by conveFsing with the sofferers, soon after the depredalioiis
were committed there, some of whom were broken np and rained in their seTeial
enterprises, of which General Corona was the chief.

Question 18. Will yon please name some of the foreigners of Sinaloa and Dnrango,
who have suffered heavy losses, or min, as stated by yon, on aooonnt of said acts of
the Mexican military authorities f

Answer. Tes, I know a Spanish house, in Mazatlan,— that of Echecraren Haimanos
Sl Co., late *<£chegaren - Qaintana v Co.," who have suffiBied in ^is way, i.Q.by
such prestamos alone, exacted by saia military authorities, and the payment enforced
from them, to. the extent of nearly or quite a quarter of a million of dollars, daring
the time referred to ; and I know of many other foreign houses there who have oeen
•ompelled by said authorities to pay laige prestamos for the support of said army,
amongst whom I will name "Echeniqua Pena y Co.." " Careaga y Co.," "Stonel
Bartning A Co.," <' Melchers A Co.," John Valcke, and " Kelly A Co.," and amongst
the American miners, farmers, and manufacturers, who have snniBred in the same way—
man^of them having been broken up and entirely rained by the said acts of the mili-
tary, combined with the prefects of the Districts, and other local authorities, I will
mention the * 'Trinidad A San Jose Silver Mining Company "—John liiddleton, of
this city, Charles Bouttier, a partner of the above, whose brother, Leopoldo, the Saper-
intendent of their mines, actually died firom the effects of his imprisonment, who was
maltreated and abused, in nameless ways, while a prisoner, because he had the mis-
fortune to have been bom in France, which facts I learned from the Mexican officers
themselves ; George Briggs, a farmer; one Mr« Elliott; Aliped Howell, a mannfiaet-

nier at Mazatlan ; the ''Carmen Mining Company," Daniel Green, of this ci^, John

Cole, of Camancho, near Masatlan, *' La Abra Silver Mining Company," and Ja
Tobin, this claimant.

Qoestion 19. Would it have been possible, in your Judgment, for claimant, or his
attorney in this case, to have taken the testimony before a Mexican Judge in the Dis-
trict of San Ygnacio, Sinaloa, in May, 1870, or since that time, in support of thia, or
anv of the other claims of Americans against Mexico which you have named, with
safetyf or with any hope of justice or fairness to claimants on the part of such Mexican

^swer. No, I think not; no testimony reflecting upon the military commander,
General Corona, or the commander of the state. Governor Kubi, or any of his staff,
could have been taken before the judge at San Ignacio, with the least hope of Catmess
or Justice to claimants.

I often told Governor Bubi that I thought he would do the republic more harm than
good by pursuing his unusual course towards American claimants, but he insisted on
beating these claims at all hazards. I do not believe^ I am sony to say, that either
the clamiant in this case, or the other American claimants referred to, would have
found any show of fairness or Justice in attempting to take depositions before the local
authorities of that district, or any other within that military Jurisdiction.

Question 20. Are you acquainted in said district of San Ignacio, or have yon erer
t>een there, before or after you were governor of Lower Califbmiaf
S56 Answer. Yes ; I am well acquainted there.

Question 21. Have you ever been upon the ground of claimant's worka at San
Geronimo— or do you know their value, or the amount of his expenditures and lo c a e a
there f

Answer. No ; I know of his works and molestations, and losses there only as I haTO

Question 22. Do you know of certain proclamations having been issued by the proper
auUiorities of the supreme government of Mexico, within nfteen years last past, in-
viting foreigners there, with capital, to develop the mineral and agricultural interests
of Mexico, and of the effect of said proclamations upon the int-erests of claimant, and
other Americans who are now claimants before the high court of thd two govemmentaf
State what you know in relation thereto^ giving their contents so far as yoa can rec-
ollect them, and whether said proclamations were carried out in good faith by Mexi-
can authorities, local or national, or any proper or lawful efforts made to extend anch
protection bv said authorities f

Answer. Yes, I know of such proclamations, as a number of them were issued daring
the last fifteen ^ears, by the head of the supreme government— President Juarea, and
tkey were published by me at La Paz, and at Mazatlan, I have no doubt, at the time,
or soon after they were issued.

The last of said proclamations was issued, I think, early in 1866, in which the pro-
tection of the supreme government, and all of the authorities, were pled^^ to aacb
foreigners in defence oftheir lawful rights, both of persons and property, with oertain
exemption of taxes, '' port-dues," and other immunities Aamed therein, to be given
to such foreigners as should accept said invitation and pledges, all of whi^ waira

Digitized by VjOOQ IC


pnblislied to the world, at the time, by the Joarnals of Mexico and the United States.
These proclamations, and their promises to foreigners, were endorsed and published
by the authorities of Sinaloa, and other Mexican States, which undoubtedly induced
American capitalists — the claimants referred to amongst the namber — ^to make said
investments there, and to risk their money and lives in said enterprises, which were,
in the main, broken up and destroyed for the want of the protection so promised, which
the authorities were, I believe, unwilling to grant.

Question 23. Have you any unfriendly or i>ersonal feeling against said Governor,
Domingo Bubi, or against the said Secretanr, or have you ever been unfriendly with,
or cherished feeling against either of them f

Answer. No, not at all ; but on the contrary, Governor Bubi and myself were always
Ariends, personally, and we are friends yet, so far as I know. Indeed, the personal
friendship of Governor Bubi and myself was always of the most intimate character.
We had our political differences, but were always personal friends. I appreciated
his fine social qualities, and, personally, I entertain none but the kindliest 6elings for
him ; although there are many of his official acts and national prejudices that I do not
and cannot approve — some of which I have already stated in tnis deposition.

Question 24th. State any other facts, or any information in your possession, for the
benefit of claimant in this matter f

Answer. I can think of nothing more.

(Question 25th. Have you any interest, direct, contingent or otherwise, in this
257 claim, or either of the claims to which your deposition relates, or are yon agent
or attorney for said claimants, or either of them, or for any person having such
interest f

Answer. No, I have no such interest, in this claim or any of the others referred to,,
against Mexico— neither am I attorney or agent for any person or persons having such
interest ; but in the case of George Briegs vs. Mexico, I am, or was, counsel, as I have
already stated. It is true, however, tnat I have acted as counsel and attomev in a
number of cases on the other side, while I resided in Mazatlan, as mentioned in my
answer to one of the foregoing questions, and I am still interested, as counsel, in some
of those cases against the United States.

Cablos F. Galan.

Sworn to and subscribed before me, the third day of January, A. D. 1874, in the
presence of

Bamon db Zaldo,
B. FORBSB. Notary Pmblio.

r , State of Caufornia,

I L. B. J Q^fy ^^^ County of. San FraneUoo, 8$ :

I, Bamon de Zaldo, Notary Public, in and for the aforesaid City County and
State, duly sworn and commissioned as such, do hereby certify that Carlos F. Galan,
who is personally well known to roe as the same person he represents himself to be
in the foregoing deposition, and who is also known to me by reputation for fifteen
years last past, personally appeared before me at my office in said city and county, at
10 o'clock on this the 3rd day of January, A. D. 1H74, and having been duly sworn by
me according to law to state the whole troth, and nothing but the troth, with refer-
ence to what he knows of the above entitled cause, deposed and testifiea, in answer
to the interrogatories, as stated in the foregoing deposition ; that the said answers
were written down in his presence and upon liis dictation ; that after said deposition
was completed, the witness, Carlos F. Galan, carefully read over the same, and in my
presence he thereupon confirmed the truuh of the matters and things -stated by him in
said deposition, in every particular, and ho subscribed his name to the same in my
presence and in the presence of the snbscribing witnesses. And I do further certify
that I am personally well acquainted with the witness, Carlos F. Galan, and know
his reputation to be good as a man of truth and veracity ; that he is an attorney and
counsellor-at-law, of nigh respectability, and of ffood standing at the bar of San Fran-
cisco, and that his statements are entitled to full faith and credit : and I further cer-
tify that I am competent by the laws of the State of California, to administer oaths
and t4ike depositious to be submitted in evidence before any of the legal tribunals of
the United States, or the Joint Commission of the United States and Mexico, under
the Treaty of July 4th 1868. I further certify that I have no interest, direct, contin-
gent, or otherwise, in the claim or claims to which the foregoing deposition relates,
and that I am neither agent nor attorney for any of said claimants, nor for any per-
son having such interest.

Given under tlj hand and official notarial seal, this 3rd day of January, A. D.. 1874.

Ramon ds Zaldo,

Notary Pnblic

Digitized by VjOOQ IC

lbba silver mining company.


^rtment of State. 5

retary of State of the State of Califomiai do heieby oer-
s, on the 4th day of Jane, A, D. 1872, has sinoe beon, and
qaalified and actine Notary Pablio in and for the Connty
kte, and that full laith and credit are dne to his official

Qreat Seal of State, at office in Sacramento, California,
annary, A. D. 1874.

Drurt Melonk,
8eor0tary of State,

nn>BZ, Page of

originii print.

to La Abra Property 11

>fClaimant 9


onzo W 233

holas 119

atlas 48

" 108

?edro J. (Certificate) 106

, Thomas J 216

orgeC 37

3harles 81

, JesQB 90

UiamG. S 63

i 54

DorgeC 29

" 187

>hnP 72

CharlosB Ill

ncisF 69

u Antonio 122

Juan Castillo 71

" 84

I, Pedro 123

lerStow 229

irlosH 18

* 191

Fuan Francisco 61

fames (or Santiago) 41

'^ (Exhibits referred to by him) 52

" 67

red A 24

fl^ Maria 77

fclph 208

cos 98

IliamH 31

mt —

ancisco 173

temadino 143

Ukmon Questions p. 131, Answers 133

l^asito Questions p. 178, Answers 182

itias 165

Aquilino Questions p. 131, Answers 134

" 167

Patricio 129

, Camilo 169

Emilio Questions p. 178, Answers 180

Martin 157

" 170

" Questions p. 178, Answers 180

Tuan Castillo Questions p. 175, Answers 176

2efugio Questions p. 131, Answers 134

" 140

" 159

Digitized by VjOOQ IC


Page of
Depositions Filed by Defendant— ofrigiiiil print

Galvan, Benigno 14^

Granger, Santiago (or James) 136

*^ *' 147

" " 050

Gnrrola,Paz 169

Gnitierrez, Dionisio 172

Jimenez, Maria Cecelia 138

" " 156

Laveaga, Arcadio Qaestionsp. 178, Answers 182

" " (Certificate) 158

ft " <• 172

Laveaga, Mignel Questions p. 178, Answers 181

Manjarrez, Cepomnceno Qnestions p. 178, Answers 183

Manjarrez, Ygnacio Questions p. 130, Answers 136

^* " 149

" " Questions p. 178, Answers 179

Martinez, Guadalupe 157

Molina, Lcandro 144

Nunez, FioQuinto 145

Rodriguez, Bartolo 131

" " 139

" "• 163

•' " Questions, p. 178, Answers 185

Rodriguez, Tomasio 158

Romero, Julian 146

Ruiz, Gil 168

" " 171

Sandoval, Victoriano 164

Santos, Petronilo /. 143

Serrano, Andres 141

Sloan, N. A 148

Soto, Guadalupe 161

" " 166

" " 171

Torres, Jesus 173

Exhibits referred to in deposition of James Granger on page 44 52

Incorporation uf claimant, certificate of 9

Instruction to consul by State Department, (in (]c£>08ition of A. W.Adams) .. 240

Letter of Santiago Granger 150

Orders from Mexican antliorities to claimant 52,53,154

Titles of claimant to La Abra property, abstract of 11

Rebntt ing Test imouy —

Deposition of Carlos F. Galanon behalf of Claimant 347

Digitized by VjOOQ IC


Senate of the United States,
Committee on Fobbign Belations,

Waahington^ D. (7., January 24, 1889.
The Boboommittee met pursuant to calL Present, Senators Morgan
(chairman) and Dolph ; Hon. John W. Foster and Mr. Robert B. Lines,
representing the Gtovemment of Mexico, and Orammond Kennedy, esq.,
of connsel for La Abra Silver Mining Company.


Fbangisoo Tobbbs, sworn and examined.

The examination was conducted through an interpreter, Jos£ Ia>
NAGio RODBIGUEZ, who was also sworn.

Mr.* Kennedy. Before the proceedings formally commence I am in-
structed, if it please you, to renew the protest that will be found on
pages 2 and 3 of the printed testimony, the last document in the case

The Chaibman. The committee will consider that protest as accom-
panying the whole proceedings in the case. It goes to the merits of.
the question as to the right to investigate or reinvestigate the case.

Mr. Kennedy. Yes, sir: the provision of the treaty which binds the
two governments to consider the awards made by the commissioners or
the umpire as absolutely final is the provision, of course, upon which
we base our protest.

The Chaibman. Now, General Foster, you can proceed.

Mr. Ejbnnedy. Will yon allow me to ask whether this witness has
ever been examined before: and if so, on what sidef

The Chaibman. Certainly.

The Intebpbetbb. He says he has before given a deposition in La
Abra case.

By Mr. Kennedy :

Q. On behalf of the Mexican Government f— A. On behalf of the
Mexican Government.

Mr. Kennedy. Now, Mr. Chairman, will you allow me to ask Mr.
Foster what he intends to prove by this witness f

Mr. FoSTEB. I do not think the witness understands your question.
No deposition of his has ever been filed, so far as the records show.

Mr. Kennedy. Yes; on page 52

Mr. FosTEB. I was looking at the index on the last page of this pub-
lication ; 50, 1 think.

Mr. £[ennedy. The side page. Mr. Foster, 52.

Mr. FosTEB. The side page oi what page of the book f

Mr. Kennedy. One hundi-ed and seventy-three. There is side pac-

Mr. FosTEB. What pagef

Mr. Kennedy. The index says it is 173.

Mr. FoBTEB. Yes. Jesus Torrezf

Mr. Kennedy. Yes ; is that a different man f

Mr. FosTEB. Yes ; this is Francisco. That is a lawyer, it appears,
the licenciado, Jesus Torrez.

Mr. Kennedy. Well, Mr. Foster, you said you did not think the wit-
ness understood my question when he answered that he had been pre-
viously examined on behalf of the Mexican Gtovemment.

Mr. FosTEB. From the fact that no deposition of his appears in the
records so £Eur as I have discovered upon an examination of them.

Online LibraryUnited States. Congress. Senate. Committee on ForeCompilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. → online text (page 83 of 156)