José Fernandez to Morgan, March 23, 1884

Mr. Fernandez to Mr. Morgan.

Mr. Minister: I have the honor to answer the note of your excellency, dated December 8, 1883, referring to the case of the Daylight, and also that of February 13, last, recalling to mind the first.

To avoid the ambiguity which the Department of State is believed to have found in the previous notes on this matter I will reduce my answer to direct propositions according to the order corresponding to the points indicated in the principal note of your excellency:

• The owners of the Daylight can make their direct demand on the Mexican Government before the Mexican tribunals without previous permission, no law requiring the same.
• The right of petition conceded to all in the Republic by the constitution, has but one constitutional limitation; in political affairs only Mexican citizens can enjoy this right.
• The Mexican Government is considered as a person and as such can sue and be sued before proper tribunals.
• The citizen in Mexico in whom is vested the executive power of the Government of the country is alone responsible, during his incumbency, for any treason, express violation of the constitution, attack on the electoral franchise of the people, and grave crimes against the public safety and good order; but, as stated in paragraph 3, the Government is always liable for suit, no previous permission being necessary.
• Should the Government deem it best that the matter of the Daylight be settled between the two Governments, your excellency and this department will be the medium through which the settlement will be made, the department of war and navy acting as witness only, of the facts, but it having been a practice constantly sustained by the Government that a diplomatic cause cannot be taken, when it interposes in favor of persons, except in a denial of justice; Señor Mariscal and I had the honor to notify your excellency that the complainant (or complainants) must himself appear before the department of war and navy, regretting that such a course is necessary.
• The disaster to the Daylight having occurred in Mexican waters, the Mexican tribunals are the proper ones to hear this case, as well as any other which treats of the defining of civil or crimnal responsibility, and decide what grade or form of responsibility must be laid upon the delinquents in this deplorable case.

The Mexican Government regrets its inability to concur in the opinion of your excellency and lays the blame on the plaintiff until competent tribunals decide otherwise.

Accept, &c.,