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conocimiento el gobierno de los Estados Unidos de esta pagada esta cantidad, si simplemente se devuelve el recibo á Voss aparecerà que el de Mejico aun sin conocimiento del apoderado aseguró estar hecho el pago, lo que no ha sucedido, pues al espedirse aquellas ordenes por convenio tenido con el mismo apoderado, el gobierno cumplió por su parte, si las repetidas ordenes no han tenido cumplimiento por circunstancias que no ha sido posible evitar, puedo Don Emilio Voss solicitar que lo tengan por algun ortro fonde que el que estaba designado. Asi pensamos nosotros; mas V. E. resolverá lo que estime justo.
MEJICO, Noviembre 11 de 1845.
Los ministros de la tesorería general de la nacion certificamos: que la antecedente copia lo es à la letra del informe que dió esta tesorería general al E. S. Ministro de Hacienda sobre el asunto á que se refiere, y cuya copia se espide al interesado en virtud de orden suprema fecha tres del actual.
A. M. DE ESNAURRIZAR. Mejico, Diciembre 5 de 1845.
(No. 756.] CONSULATE OF THE UNITED STATES OF AMERICA,
Mexico, December 27, 1845. I, the undersigned, consul of the United States of America for the city of Mexico, hereby certify that the signatures of A. Batres and A. M. de Esnaurrizar, subscribed to the preceding certificate, are in the proper handwriting of said persons, respectively, the same as used by them in all their official acts and deeds, who are both well known to me, and were, at the time of subscribing their names, in due exercise of their office as ministers of the general treasury, and that all their official acts are entitled to full faith and credit as such.
In testimony whereof, I have hereunto set my hand and affixed the [l. s.] consular seal, the day and year first above written.
JOHN BLACK, Consul. Register C, folio 171.]
[Translation of No. 5.]
Don Emilio Voss, in this petition, prays that the receipt be returned to him which he gave to this general treasury for the amount of the two drafts which fell due on the 30th of April and the 30th of July of the last year, on the forced loan destined to the payment [of the debt] to the United States.
It is true that the amount to which Voss refers was not delivered to him in effective funds by this treasury, but orders were issued for the payment ; for which reason this department considers that this business should be held as finished; and it cannot comply with his petition to have the receipt returned to him, since, besides the confusion (trastorno] which it would naturally occasion in the account and statement, the credit of the nation would suffer, in a certain degree, as, the government of the United States being already informed that the said amount has been paid, if the receipt be simply returned to Voss it will seem
that the government of Mexico, even without the knowledge of the
person empowered, gave the assurance that the payment had been made, which has not happened, inasmuch as, on the issue of those orders, by agreement with the said person empowered, the government fulfilled its part. If the repeated orders have not been complied with, in consequence of circumstances which it has not been possible to avoid, Don Emilio Voss may pray that they be given on some other fund than that which was designated. This is the opinion of us all; but your excellency will determine what you may consider just.
MEXICO, November 11, 1845.
We, the ministers of the general treasury of the nation, do certify that the preceding copy is literally conformable with the report made by this general treasury to his excellency the minister of finance on the subject to which it refers, and copy of which is delivered to the person interested, in virtue of a supreme order dated the 3d of the present month.
A. M. DE ESNAURRIZAR. Mexico, December 5, 1845.
Page 11. Mr. Slidell to Mr. Voss, December 20, 1845.
Mr. Slidell to Mr. Voss.
Mexico, December 20, 1845. Sir: I have to acknowledge the receipt, on this day, of your letters of the 17th instant on the subject of your agency in the matter of the two instalments of the Mexican indemnity due in April and July, 1844, together with—1st, the letter of Messrs. Tayleur, Jamison & Co. to you, of the same date; 2d, copy of a letter addressed by you, on the 17th October last, to W. S. Parrott, esq. ; 3d, certified copy of a communication from the Mexican government, when applied to by you for the return of your receipt for the said instalments.
I have been instructed, formally, to make known to the Mexican government that your powers as agent for the government of the United States have entirely ceased, not only as regards all instalments subsequent to the two above mentioned, but as regards those two likewise, and that you are to be regarded as no longer possessing authority to receive money on account of the United States in any shape. I am further instructed to say to the Mexican government that the mere delivery to you of promises, in the shape of securities which have been dishonored, cannot relieve it from the performance of its treaty obligations. Not having, as yet, been accredited by the Mexican government, I cannot, at present, make the communication required by my instructions. But as Messrs. Tayleur, Jamison & Co. express their willingness to hold at your disposal, or that of any person whom you may name to receive them, the orders received by them on various departments, for the said instalments, I would desire that they should be placed in deposite in safe hands, to be held until the Mexican government shall reclaim them, in conformity with the request that I am in
structed to make, when, I presume, as a matter of course, the receipt which you have given will be cancelled or declared of no effect. The act of deposite should, however, reserve to the accredited agent of the United States the right of reclaiming them, should it hereafter be thought expedient, for any reason, so to do. I would suggest that the consul of the United States, in this city, would be a proper person with whom to make this deposite. I shall communicate to Messrs. Tayleur, Jamison & Co. a copy of this letter. I am, very respectfully, your most obedient servant,
JOHN SLIDELL, Enroy Extraordinary, fc., of the U. S. of America. Emilio Voss, Esq., Mexico.
Page 22. Mr. Voss to Mr. Slidell, January 6, 1846.
Mr. Voss to Mr. Slidell.
Mexico, January 6, 1846. Sir: I have the honor to acknowledge the receipt of your two letters of 20th and 31st ultimo. In the first you inform me that my powers as agent for the government of the United States have entirely ceased, not only as regards all instalments of the Mexican indemnity subsequent to those due in April and July, 1844, but as respects those two likewise. While expressing my entire acquiescence in this arrangement, I may be allowed to say, that after the exertions made by me to protect the interests confided to my care by the government of the United States, under circumstances of great difficulty, it would have been extremely gratifying to me, on this termination of my powers, to have received such an expression of their approbation of my past services as I consider myself in justice entitled to.
The letter which I now enclose, from Mr. T. Ducoing, (a highly respectable citizen of the United States,) confirms my statement of the conversation between Mr. Shannon and myself, respecting my arrangement with Messrs. Tayleur, Jamison & Co. In conformity with your desire, I have requested those gentlemen to place the whole of the orders applicable to the payment of the arrears of the American claims due in April and July, 1844, at the disposal of Mr. Black, the American consul in this city. In your second letter you accompany copy of one from Messrs. Tayleur, Jamison & Co., and call my attention to the apparent discrepancy between its contents and their unqualified offer to me on the 17th ultimo. My knowledge of the details of government transactions here induces me to regard this difference as immaterial. The supreme orders for the payment of the several sums to Messrs. Tayleur, Jamison & Co. exist in the treasury, and a communication from them to the minister of hacienda will transfer the right of recovery effectually to Mr. Black.
My arrangement with Tayleur, Jamison & Co. was verbal. They were to receive immediately from the government $110,000, viz: $60,000 from Manning & Mackintosh, and $50,000 from specie duties, which their own house would have liquidated. On this condition, they agreed to advance the amount required to complete the two in
stalments, and the American claimants would then have been placed at once in possession of their fund; but the government having immediately given counter orders, Messrs. Tayleur, Jamison & Co. refused to make any advances, considering themselves bound to do so only in the event of the government fulfilling the primary conditions of its agreement with them. At the time, no doubt whatever was entertained that the agreement would be faithfully and fully complied with on all sides, in which case the claimants would no doubt have given me the highest credit for the measure; and though the result has not corresponded to my expectations, I feel satisfied that investigation will convince them, both of the purity of my intentions and that their situation has been in no way prejudiced by my efforts on their behalf. I have the honor to be, sir, your most obedient servant,
Page 23. Mr. Ducoing to Mr. Voss, December 22, 1845.
Mr. Ducoing to Mr. Voss.
MEXICO, December 22, 1815. Dear Sir: Having been requested by you to state what passed in my presence between the minister of the United States of America (Mr. Shannon) and yourself, with respect to the two instalments due to the American claimants in April and July, 1844, I have merely to say that, on the occasion referred to, in September of that year, you stated to Mr. Shannon the very great obstacle then existing to the recovery of these instalments under the terms of the convention, and mentioned to him a plan by which the collection would be effected through an English house here, (Messrs. Tayleur, Jamison & Co.,) and in my hearing Mr. Shannon fully concurred in and approved of that plan. Your friend and servant,
THEODORE DUCOING. Mr. E. Voss, Mexico.
Page 6. Extract from the dispatch of Mr. Slidell to Mr. Buchanan of January 10, 1846, as follows:
"It may be proper for me to say that Mr. Theodore Ducoing is an American citizen, long established in Mexico, and of unimpeachable character."
For proof that Mr. Bayly knew his charges were false, I refer to the documents just cited; and also again offer in evidence, under this head, his declarations that "he was familiar with the subject," and “had the official documents to prove his charges.”
Also, Mr. Bayly's reference to Mr. Slidell's report. His remarks heretofore quoted from the Congressional Globe, 1st session 32d Congress, page 340, which show that he was not ignorant of the contents of that report; and the important admission contained in his (Bayly's) reply to Nr. Johnson's query, on page 344.
Question by committee. Have you submitted all the testimony in relation to the 2d and 3d specifications, under charge 2d ?
Answer. I have as to the 2d specification.
In regard to the 3d specification, I offer Mr. Bayly's remarks, Congressional Globe, 1st session 32d Congress, page 340, second column, from “in consequence of the assurance," down to 66 who was that agent? It was Ben. E. Green," on the third column.
Mr. Bayly's remarks.
“In consequence of the assurance that it had been paid, and paid in money, the American Congress passed the following provision :
“For paying the April and July instalments of the Mexican indemnities, due in 1844, the sum of $275,000: Provided, It shall be ascertained to the satisfaction of the American government that said instalments have been paid by the Mexican government, to the agent appointed by the United States to receive the same, in such manner as to discharge all claims on the Mexican government, and said agent to be a delinquent in remitting the money to the United States.
“ After the passage of the law to which I have referred, Mr. Polk, through Mr. Slidell, and our consul in Mexico, Mr. Black, instituted an inquiry in Mexico, to ascertain, if possible, whether the contingency provided for it had happened. He became satisfied it had, and the money was paid.
"The appropriation was on the condition that the money had been received ; that the Mexican government had been fully discharged, and that our agent was delinquent in sending the money to the treasury. Now, sir, who was that agent ? It was Benjamin E. Green.”'
I refer generally to the evidence before the committee, and especially to Mr. Bayly's declarations heretofore given in evidence, “that he was familiar with the whole subject, and had the documents.”
Also, so much of Mr. Bayly's remarks, on first column, page 344, of Congressional Globe, 1st session 32d Congress, from Mr. Johnson asks, - Do I understand," down to Mr. Shannon said, “It was paid in money."
Mr. JOHNSON. “Do I understand the gentleman to say, Mr. Green, instead of receiving the money, received a draft ? for that is the point."
Mr. BAYLY. “ These documents do not show it. In the investigation which was instituted to see if reclamation could not be made, the Mexican government said they had given him drafts, but then Shannon says it was paid in money." I also refer to Mr. Whittlesey's letter :
Comptroller's Office, July 14, 1854. Sir: You were pleased to refer to this office a letter of this date, addressed to you by Benjamin E. Green, esq.
Mr. Green wishes to know whether any payment has been made from an appropriation of $275,000 by the civil and diplomatic appropriation act of March 3, 1845, for paying the April and July instal