Asbury Dickins to Anthony Butler, 28 September 1835

Asbury Dickins to Anthony Butler, 28 September 1835

No. 101. 

Mr. Dickins to Mr. Butler

Department of State,

Washington

Sir:

In a letter from this Department of the 9th of April, 1834, you were informed that as the case of the Robert Wilson, charged with having introduced spurious coin into Mexico, was before the judicial tribunals of that country, the interference of this Government was not deemed advisable at that time. You were also directed to communicate to the Department the result of the judicial proceedings against the vessel. In this, however, you have been anticipated by the attorney of the Union Insurance Company, of New York, who, in the letter, a copy of which is herewith enclosed, states that the vessel has been condemned in all the Mexican courts; that the company has in vain endeavored to procure a copy of the proceedings and of the law under which she was condemned; and that, as they are necessary to the defence of the company in an action against them by the owners of the vessel, he requests the good offices of this Government with that of Mexico towards procuring the proof desired. You will accordingly request of the Mexican Government that an authenticated copy of the proceedings and of the law referred to be delivered to the agent of the company at Vera Cruz, on paymnt of the usual fees.

It is presumed there will be no objection to comply with a request so reasonable in its nature, especially as the papers are necessary to settle questions affecting the interests of individuals arising out of the acts of the Mexican authorities. If Mexican citizens can lawfully demand copies of judicial proceedings, in cases like that of the Robert Wilson, it would seem from the 14th article of the treaty that a similar right is secured to citizens of the United States. In your application you will inform the Mexican Government that copies, such as those requested, of proceedings in the courts of the United States, may always be obtained by Mexican citizens equally with citizens of the United States.

I have the honor to be, sir, your obedient servant,

ASBURY DICKINS,

Acting Secretary.

Anthony Butler, Esq.,

Chargé d'Affaires of U. S., Mexico.

Note: Because this document is only a verified first-pass transcription, it and the document metadata may still contain errors.
Editorial Note:

Enclosed in MVB to the U.S. House of Representatives, 4 July 1838 (HRExdoc 351).