John H. Kelly to the Marquis of Salisbury, September 19, 1879

Mr. Kelly to the Marquis of Salisbury.

My Lord: In the absence of diplomatic relations and consequently of a British consulate at this port, I have the honor to inclose to your lordship an amendment of the Mexican tariff relating to punishment in the cases of smuggling or mistakes.

The very extraordinary authority given by this decree to ignorant or misguided officials over foreign mail steamships and merchant vessels generally, has shown itself by a test case which occurred yesterday.

The American steamer Newbern, W. Metzger, master, arrived on 11th instant from San Francisco, landed mails, passengers, and cargo, and proceeded on her voyage round the Gulf of California, returning to this port yesterday homeward bound.

During the steamer’s absence four packages without documents or owner were found in the custom-house warehouses, and, without any evidence, were supposed to belong to the Newbern.

The district attorney at once accused Captain Metzger as a criminal. He was taken off his ship, lodged in prison, and a mail steamer, having many passengers and a valuable specie freight, had to proceed to San Francisco under charge of her first mate.

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