Mr. Cushing’s petition in behalf of Captain Caleb., January 10, 1884

Mr. Cushing’s petition in behalf of Captain Caleb.

Citizen President of the Republic of Mexico:

Arthur P. Cushing, an American citizen domiciled in this city, respectfully comes before you and says: That my fellow-citizen, the American citizen George Caleb, captain of the American schooner the Adriana, was taken prisoner in the Gulf of California, and taken, with the Adriana to the port of La Paz.

The alleged motive for his arrest was that he intended to smuggle. The case was submitted to a competent tribunal, which resulted in a judgment of first and second instance, which condemned the vessel and sentenced Caleb to five years’ imprisonment.

As well as his representative as on my own account every confidence is placed in the tribunal; but as Captain Caleb is an old man, who has a family to support who are dependent upon his labor; and as, besides, he has already been a year in prison, and as he is very infirm, and if his imprisonment continues he will likely die, leaving a numerous family in poverty, it appears to me proper that I should, knowing the justice and rectitude of the supreme magistrate of this nation, bring to your knowledge that this being the first time Captain Caleb has been in Mexico he was ignorant of the customs and laws of the country; that he came here for account of other parties, and that he could not suppose that those whose merchandise he had on his vessel intended to violate the laws of the country. Captain Caleb’s situation is so anomalous that two judgments were pronounced against him, while the authors of the smuggling who escaped were not prosecuted, from which results the legal absurdity that the really guilty parties, Mexican citizens are at liberty, while the foreigner alone, who was only a passive and innocent instrument, has been punished with the loss of his entire fortune, and condemned to a long imprisonment.

For these reasons, and from the sentiments of humanity which it is well known are entertained by the chief of the Mexican nation, I appear in Captain Caleb’s behalf to beg for a commutation of the sentence which has been passed upon him, and to ask you to grant to an old man, a foreigner, ill to such an extent that if his imprisonment is prolonged he will die far from his home and family.

In the name of this unhappy family, afflicted with grief and soon to become orphans, I ask whether you, Mr. President, will not furnish another proof that the good and philanthropic feelings of the heart know no nationality, but that they are the same for foreigners and Mexicans alike when they need them. In the name also of this aged man, who has grown gray in a constant strife with the waves to obtain a support for his numerous family, I appeal to you, and beg that you will grant the commutation which Captain Caleb has prayed for.

He will owe to you more than his pardon. He will be your debtor for his life, his tranquillity, and the support of his numerous family.