José Fernandez to Morgan, September 18, 1883

Mr. Fernandez to Mr. Morgan.

Mr. Minister: Your excellency’s note of the 11th April, in reply to one addressed to you by Señor Mariscal on the 3d of March, with reference to the reclamation made by the owners of the American schooner Daylight, who allege that said vessel was run down in the port of Tampico by the Mexican gunboat Independencia, was duly received by this department.

Your excellency’s note of the 14th of August upon the same subject has been also received. Your excellency is pleased to observe, in the first place, that a foreigner has no recourse to any of the political departments of the Government for the presenting of a claim which is not of the competence of the tribunals of justice, except through the medium of the Government of which the foreigner is a citizen, and that there does not exist in the United States, or in any other country that you are aware of, the right in an individual to proceed judicially against a national vessel; for which reason your excellency’s Government desires further information upon these points.

Complying with your request I proceed to make such additions as are by this department considered pertinent in confirmation of the decision which it has heretofore announced to your excellency in the case.

In respect of the first observation, your excellency will permit me to recall to you the principle which has been invariably maintained by this department, that diplomatic intervention on behalf of foreigners, except where there has been a denial of justice, is not admitted.

In conformity with this principle, and considering that the department of war and marine is the department which has jurisdiction over cases such as the one under consideration, I have to say to your excellency that the parties in interest may make their claim directly to that department, and that if that department dues not admit the responsibility of the Government, then it will devolve upon the tribunals to decide the controversy.

In any event I may say this, that the owners of the Daylight cannot present their claim through your excellency, the department under my charge not ignoring that foreign ministers should only address the Government to which they are accredited through the department of foreign relations.

Article 8 of the constitution of this Republic gives to citizens of the country, as well as foreigners, the right of petition done by writing and in respectful terms, and therefore the second (foreigners) have free access to the different departments of the public authority to seek for justice when they consider themselves aggrieved by its agents or subalterns.

I do not consider it necessary to examine your excellency’s assertion that according to the customs of nations an individual cannot take judicial proceedings against a national vessel; it is sufficient for my purpose to say that, according to article 97 of the political constitution of the Republic, tribunals of the federation have jurisdiction, among other matters, of controversies arising under maritime law, and of those to which the federation is a party, and that, in consequence thereof, not only because of the marine disaster which occurred to the Daylight, but because of the responsibility of the Government, more or less affected in this case by reason of the intervention therein of a war vessel, a double reason exists why the parties complaining should submit their case to the said tribunals, if, having first applied for redress to the department of war, they have not had a decision in their favor.

I renew, &c.,