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 IN RELATION TO 
 
 OCCURRENCES AT 
 
 Magdalena Bay, 
 
 LOWER CALIFORNIA, 
 
 MEXICO. 
 
 :],e71. 
 
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San Francisco, California 
 
 December 8th, 1871. 
 
 To His Excellency, 
 
 Hamilton Fish, 
 
 Secretary of State, 
 
 Washington D. C. 
 Sir: 
 
 Herewith I have the honor to transmit 
 correspondence, protests, and documents relating 
 to the occurrences at Magdalena Bay, Lower Cali- 
 fornia, of which I advised the Department of State 
 by telegraph from San Diego, on 26th ult. 
 
 Duplicate of this correspondence goes forward 
 on the 1 6th inst. to Hon. Thomas H. Nelson, U. 
 S. Minister at the City of Mexico. 
 
 I S'halJ have the honor to be 
 
 Your very obedient servant, 
 
 Drake De Kay. 
 
 U. S. Consul at Magdalena. 
 
ception of a few who feared being fired Into coming 
 off, and placed the vessel alongside the British ves- 
 sel Comadre, claiming the protection which was 
 readily granted of the British flag and the physical 
 defense of British seamen, and to here remain until 
 the arrival of a United States man of war, now 
 hourly expected. 
 
 The notoriously desperate and unscrupulous char- 
 acter of Mr. M, J. Cobos who headed your party, and 
 the well known expressed hostility to "Americans" 
 of Mr. Gorostiza, led us all to regard with much 
 trepidation your approach from La Paz with a body 
 of toops ; this anxiety was increased by the warnings 
 of the only Mexican official here, who was better 
 acquainted with the customs of the country than we 
 strangers can be, and of the intrigues on foot for 
 the monopolizing of trade here, and the eventual 
 revolutionizing of the peninsula. We therefore 
 adopted the best means of defending ourselves from 
 attack, first agreeing that in no wise would we inter- 
 fere in any question of authority as between Mexi- 
 can officials; this neutrality was strictly adhered to 
 as you are aware. At 3A o'clock this morning under 
 cover of the darkness, you captured the schooner 
 Cina Greenwood, an American vessel, embar- 
 goed by the Mexican Government for debt claimed 
 to be due its treasury, as she lay off in the bay, 
 without first applying to the representative here of 
 the Mexican Goverment, Seiior Mendizabal, your 
 boarding party, headed by your Mr. M. J. Cobos, 
 who presented a pistol at the head of an Amercan 
 citizen (employed on board), as a warrant from the 
 
Mexican Government to take possession of her. 
 Notwithstanding this most warlike procedure your 
 boat was simply haiied on its approach to shore and 
 on the reply of employes of the Mexican Government^ 
 no opposition was made to its landing, we deeming 
 such imprudence more advisable than to run the 
 risk of resisting that which might prove actual Mex- 
 ican authority. 
 
 You inquired for the Collector of the port, and 
 were informed that upon the capture of the Cina 
 Greenwood^ he had for his personal security moved 
 his custom house and flag and archives on board 
 the British ship Comadre^ asking British protection, 
 not believing that the sacredness of the United 
 States Consulate under which he had already shel- 
 tered himself, would be respected by your party. 
 Later, we met on board the Comadre: T, speaking 
 for the Americans present, informed you that we had 
 nothing to do with the question of Mexican author- 
 ity, that we only desired to be let alone, and as soon 
 as possible be informed to which Collector we should 
 give obedience. Your Mr. Cobos and Mr. Goros- 
 tiza then promised on pledge of honor that no steps 
 should be taken and nothing whatever done or said 
 until the day following, when a meeting should be 
 held by the Collector and the claimant of the Col- 
 lectorship, at which should assist the Consul and 
 such other parties as were interested in the question 
 of authority, and that then the documents of Mr. 
 Gorostiza should be exhibited authenticating his 
 claim. On this promise our uneasiness was some- 
 what' relieved, but shortly after, you dispatched the 
 
4 
 
 Cina Greenwood to Cayuco for some forty or fifty sol- 
 diers, taking with her several Americans as prison- 
 ers (one reported to be bound.) In virtue of the 
 facts that this number of soldiers was more than five 
 times that of Americans here; that these Americans 
 were pledged as strictly neutral; that the Collector 
 was beyond arrest; that you were continually receiv- 
 ing by land accessions of armed men; that you had 
 dispatched your boat to Clark's Lagoon for a still 
 larger force; the bringing of these men and soldiers 
 could bear or admit of but one construction. Later, 
 and contrary to the aforesaid pledge, you proceeded 
 to take possession of boats and property of the 
 Custom House, and at dark of the evening placed 
 a guard of some six or eight men in front of our 
 quarters, nominally to watch goods, but in reality, 
 as there was good cause to believe, as a guard over, 
 and menace to us. Oar inferences proved to be 
 correct upon our commencing to embark. 
 
 In violation of said pledge, between 9 and 10 
 o'clock this evening you sent the Captain of the 
 American schooner Ellen and Catharine 2i notice from 
 your Mr. Gorostiza, as Collector of the port, that 
 said vessel could not leave without the customary 
 Custom House formalities. The vessel being at the 
 time quietly moored to the beach and no evidence 
 of any intention to go to sea. She had been pro- 
 visioned and watered to-day, but as that had been 
 agreed upon between us, it could not be claimed as 
 showing any intention of sailing. 
 
 These and other circumstances too tedious to 
 enumerate, and the information we received from 
 
5' 
 
 your camp, which, being verbal, cannot properly here 
 be set forth, rendered evident the great danger in 
 which we were placed, of violence and outrage upon 
 the arrival of your additional forces, and compelled 
 us to this step, which is most painful to me 
 officiallv, and inconvenient to the rest of the Amer- 
 icans. Having hastily got together [arms, a few 
 personal effects, and the Consular property,^ and 
 while proceeding to embark on board the schooner, 
 some three of your sentinels proceeded promptly to 
 your camp to warn you of the fact. Some of the 
 Americans fearing pursuit and immediate violence 
 retired to the hillside, the rest of us leaping on 
 board, cut the hawser, hoisted sail and'^started for the 
 ship Comadre, pursued by two of your boats filled 
 with soldiers, and you the leaders, all armed with 
 guns and revolvers : we ran a line to the ship and 
 got alongside of her just as one of your boats ran 
 under our stern and the other alongside of us, and 
 had just time to hail the Captain and claim the pro- 
 tection of his flag, and offer the reciprocal protec- 
 tion of our flag and arms. Five minutes delay 
 would unquestionably have resulted in a collision 
 that could not but have been sanguinary and re- 
 sulting in international complications, and proba- 
 bly horrid war between two great Republics. 
 
 Deeply regretting that your precipitate proce- 
 dures should have brought about this most unhappy 
 state of affairs, I have the honor, gentlemen, to be 
 your most obedient servant, 
 
 [Signed] Drake De Kay, 
 
 U. S. Consul at Magdalena, 
 
l^ZT'] P. W. Van Winkle, 
 
 U. S. Vice-Consul, Man-of-War Bay. 
 
 Exequatiar. 
 
 Benito Juarez, 
 
 Constitutional President 
 
 of the United Mexican States. 
 
 Having seen the commission which the President 
 of the United States of America, issued under date 
 of ist June last, to 
 
 Mr. Drake De Kay, 
 
 appointing him Consul of the United States, in 
 Magdalena, Lower California, I concede to him the 
 present 
 
 exequatur. 
 In accordance with article four of the law of 26th 
 November, 1859, in virtue of which Mr. Drake 
 De Kay can enter upon the exercise of his duties. 
 
 Given in the City of Mexico, signed with my 
 hand, authorized with the great seal of the nation, 
 and countersigned by the Secretary of State and 
 Foreign Affairs, this ■iBth of July, 1870. 
 
 [Signed.] Benito Juarez. 
 
 [Countersigned.] S. Lerdo ue Tejada. 
 
 Minister of Foreign Affairs. 
 
 GREAT SEAL 
 OF THE NATION 
 
7 
 
 \Translation.'\ 
 
 Political Government and 
 
 Military Commandancy of 
 Lower California. 
 La Paz, June 30th, 1871. 
 To THE Secretary of the Lower Cal. Co., 
 Port of Magdalena. 
 
 The Supreme Government has appointed as Con- 
 tador of the Custom House of the port of Magda- 
 lena 
 
 Mr. Francisco Jimenez Mendizabal, 
 
 Who, to-day leaves this city for the said port, to 
 take charge as such of the said Custom House, on 
 account of 
 
 Mr. Francisco E. Gorostiza's 
 
 having resigned his nomination as administrator 
 of that office. 
 
 In consequence, all the consideration will be ex- 
 tended to Mr. Mendizabal, which is due to the 
 official character with which he is invested, for which 
 object this Government has deemed it proper to 
 address to you this letter, which will be handed you, 
 open, by the said Mr. Jimenez. 
 
 Independence and liberty. 
 [Signed.] B. Davalos, 
 
 Political Chief and Military Commandante 
 
 of Lower California. 
 
 [Signed.] Ramon Martinez. 
 
 Secretary. 
 
A true copy of original filed in this Consulate. 
 [Signed.] P. W. Van Winkle, 
 
 Vice Consul, 
 [seal.] Man-of-War Cove, Magdalena, 
 
 October 9th, 1871. 
 
 [_Translation.'\ 
 Custom House of the Port of Magdalena, L. C. 
 
 Man-of-War Cove, 9th October, 1871. 
 To the 
 
 United States Consul, 
 
 Resident in the Port of Magdalena. 
 Pending instructions from the Supreme Govern- 
 ment of the Nation, to which I have given account 
 of the acts of this office which is in my charge, I 
 appeal to you, as Consul of the United States in 
 this Port, to shelter under your American Flag 
 both my person and the interests of the public 
 treasury which I have in my charge, from any act 
 of arbitrary character, and without authority of law, 
 of the political and civil authorities of the Terri- 
 tory. 
 
 As already expressed, this shall only last until 
 the Supreme Government of the Nation orders 
 what should be done, to which also I report this 
 step, inasmuch as my intention is solely to avoid 
 an outrage brought about by the scandalous con- 
 duct of which Cobos and Monroy are guiltv, with 
 said authorities for the purpose of nulifying the 
 procedures of this office against them as contraband- 
 ists, according to the Articles of the General Mar- 
 
itime Ordinance, in their last importation of goods 
 without legal documents, which they have made in 
 the Eqndorian brig Amelia. 
 
 Have the goodness to reply upon this subject to 
 this Custom House, that it may take the measures 
 necessary, and accept the assurance of my distin- 
 guished appreciation. 
 
 Independance and Liberty. 
 [Signed] Francisco Jimenez Mendizabal. 
 
 Collector of Customs. 
 
 U. S. Consulate, 
 At Magdalena, Lower California, 
 
 October nth, 1871 
 Senor Don 
 
 Francisco Jimenez Mendizabal, 
 
 Collector of Customs, of the 
 
 Republic of Mexico, at the Port of Magdalena. 
 
 Sir : 
 
 I have the honor to own receipt of your letter 
 of 9th inst., and to state that I place at your dis- 
 position the Consulate of the United States at this 
 Port, and the moral protection of its Flag. By 
 the next steamer I will communicate to my Gov- 
 ernment the unhappy state of affairs here, and ask 
 the immediate presence of a vessel of war to pro- 
 tect the threatened lives and property of the officials 
 of the friendly neighboring Republic of Mexico, 
 and of the American citizens here resident. 
 
lO 
 
 I have the honor, my dear sir, to assure you of 
 
 my sentiments of high appreciation and esteem. 
 
 Very Respectfully, 
 
 Your Obedient Servant, 
 
 [Signed] Drake De Kay. 
 
 j CONSULAR seal | U. S. Consul 
 
 ( OF THE u. s. ( At Magdalena. 
 
 To Drake De Kay, Esq., U. S. Consul, and 
 
 P. W. Van V^inkle, U. S. Vice Consul, 
 
 for the port of Magdalena, 
 
 Lower California. 
 Sirs : 
 
 The undersigned citizens of the United States 
 at present residing and pursuing various occupa- 
 tions in Lower California, beg leave to repre- 
 sent that we came to this country relying upon the 
 protection of the Mexican Government and under 
 the inducements held out by that Government to 
 settlers, and some of us under the auspices and 
 protection of The Lower California Company. 
 
 That while legitimately pursuing . our several 
 avocations we were surprised by the introduction in 
 our midst of an armed body of soldiers from La 
 Paz, headed by one Manuel J. Cobos and Francis- 
 co E. Gorostiza, the latter claiming to be Collector 
 of the Port of Magjdalena. 
 
 Th-it from the personal character of said named 
 gentlemen, and their having, without exhibiting any 
 authority so to do from the government of Mexi- 
 
II 
 
 CO, violently, with armed force, captured an 
 American vessel, at the unusual and suspicious 
 hour of 33 o'clock on the morning of the 28th of 
 October (inst.) imperrilling the lives of innocent 
 American citizens on board ol said vessel, as pas- 
 sengers and employees, and after such capture, 
 binding and imprisoning one [who attempted to de- 
 fend the property] without authority of law, and the 
 further facts 
 
 That you from well grounded fears of indignity, 
 both to yourselves and the Consular flag were 
 forced to transfer your Consulate from on shore to 
 the American schooner Ellen and Catherine^ and for 
 greater security placing yourselves under the pro- 
 tection of the captain and officers of the British 
 ship Comadre. 
 
 That while engaged in such transfer you were 
 chased from on shore by two boats filled with 
 armed soldiers and men headed by said Cobos and 
 Gorostiza, who were also armed with revolvers, 
 evidently for the purpose of capturing you with the 
 archives of the Consulate. 
 
 That under all the above named circumstances, 
 and the further fact that the parties above named 
 have entirely ignored The Lower California Com- 
 pany, and publicly declared that the said Company 
 has no rights within this terrritory, thereby depri- 
 ving us of the protection that we supposed we 
 should enjoy while residing here, and upon which 
 we depended. 
 
 We are driven to the necessity of calling upon 
 you as Consuls of the United States, and through 
 you upon the Commander of the ship Comadre^ 
 
12 
 
 flying the flag of Great Britain, for protection, be- 
 lieving that without such protection our lives and 
 property stand in peril of being sacrificed and 
 squandered upon the merest pretext. 
 
 We also hereby take occasion to enter our solemn 
 protest against the seizure of said American vessel 
 the Cina Greenwood ; against the unlawful impris- 
 onment of American citizens ; against the insults 
 perpetrated upon the officers and flag of our coun- 
 try, as well as against the injury done to us by the 
 interruption of our various employments, and 
 against general molestation. 
 
 Man-of-War Cove, 
 
 Magdalena Bay, L. C 
 
 October 2«&, 1871. 
 
 N. R. Bering, 
 
 Edward Gallagher, 
 Robert S. Martin, 
 Wm. H. Mayne, 
 Albert R. Palmer, 
 Andrew Hansen, 
 
 John Mott, 
 Wm. H. Troon, 
 Andrew Olsen, 
 Thos. Masson, 
 
 Charles Meyer, 
 John Anderson, 
 
 Washington V. Plice, J. C. Glidden, 
 
 J. N. Vannoy, 
 T. J. Reiley, 
 Egbert B. Smith, 
 John Nimmo, 
 M. V. Brown, 
 
 J. P. Massie, 
 George Swan, 
 Oliver E. Roberts, 
 Christopher Speen, 
 Jos. Gluecksberg, 
 
 Aniceto M. Cordova, John F. Sellender, 
 
13 
 
 Sworn before Consul, etc. 
 
 (Consular Certificate, etc., etc.) 
 A true copy, 
 
 Drake De Kay, 
 U. S. Consul at Magdalena, 
 Consular seal of the U. S. 
 
 U. S. Consulate, 
 On board Am. schr. Ellen and Catharine , 
 Alongside British ship Comadre, 
 Man-of-war Cove, Magdalena, 
 Lower Cal., October 31st, 1871. 
 Mr. F. Espinosa y Gorostiza, 
 
 CONTADOR de LA AdND. MtA. DE La PaZ, 
 
 Camp of Messrs. Cobos & Monroy, 
 Magdalena. 
 Sir: 
 
 Your letter of the 30th inst. is at hand, in 
 which you inform me, as U. S. Consul, that you 
 have suspended Senor Don Francisco Jimenez 
 Mendizabal, who, by order of the Supreme Govern- 
 ment, and recognized by it up to the 15th ultimo, 
 date of last advices from the City of Mexico, is the 
 Contador acting Collector of this port, and further, 
 that you have assumed the Collectorship of this 
 port, appointing Mr. Valente Sanchez, Contador, 
 vice Jimenez Mendizabel, removed. 
 
 As U. S. Consul, and the only official represen- 
 tative of any foreign power in this port, I beg to 
 state in reply that I cannot recognize your authority. 
 
H 
 
 nor can I advise persons of other nationalities who 
 have sought protection in this consulate from peril 
 to lives and property, or asked my counsel, to in 
 any way recognize you as having legal control in 
 this port, inasmnch as you presented yourself here 
 in the character of a pirate, surprising and capturing 
 a vessel in the dead of night, with a body of sixteen 
 or more armed foreigners, and as credentials of of- 
 fice clapped a cocked pistol to the head of an Amer- 
 ican citizen, after his hands had been tied behind his 
 back, telling him that you were the Mexican Gov- 
 ernment; this American being the sole defender of 
 the vessel against what, by his deposition, he con- 
 sidered a boat full of either thieves or pirates. 
 
 The same day, later, you pursued me^ the U. S. 
 Consul, and the U. S. Vice Consul, with consular 
 flao- and archives, accompanied by other American 
 citizens and fleeing citizens of other nations, from 
 the consulate on shore to this anchorage, with boats 
 full of armed soldiers and armed foreigners, follow- 
 ing me even upon the quarterdeck of the British 
 ship Comadre with arms, violating not only the 
 honor of the United States of America, but that of 
 Great Britain, and compromising the fair name of 
 the Mexican Republic. 
 
 Still later, when assuring you of the entirely neu- 
 tral position and feelings of the Americans and 
 English here, I asked you for them how we were to 
 know to which Collector we were to yield obedience, 
 you declared that you would not show any docu- 
 ments or credentials, and that we must recognize 
 you because you had the force. (Porque tengo la 
 fuerza.) 
 
Neither you nor the soldiers under your orders 
 fly the Mexican flag, nor is any evidence visible of 
 your establishment of a Custom House. 
 
 All of the occurrences of the past few days and 
 nights and the outrageous and disreputable proceed- 
 ings of yourself and associates, will be promptly com- 
 municated to my Government in Washington — to 
 the Minister of the United States in the city of 
 Mexico for the information of the Supreme Gov- 
 ernment of the Republic — and in the absence of a 
 British Consul at this port, to the Government of 
 Great Britain, for the action of the three outraged 
 nations. 
 
 Your obedient servant, 
 
 Drake De Kay, 
 U. S. Consul at Magdalena. 
 
 P. W. Van Winkle, 
 U. S. Vice Consul at Man-of-War Cove. 
 P. S. — I enclose circular of Senor Don F. Jim- 
 enez Mendizabal, Collector of Customs, dated Oct, 
 30, 1871, marked "A". 
 
 U. S. Consulate, 
 Magdalena Bay, Lower California, 
 
 October 31, 1871. 
 
 Before me, Drake De Kay, United States Con- 
 sul, personally appeared Aniceto M. Cordova, a 
 citizen of the United States, who, under oath 
 makes the following statement: 
 
 I am one of the individuals captured by the Co- 
 
i6 
 
 bos and Gorostiza party on the eveningof the 28th 
 inst., being a passenger on board the American 
 schooner Cina Greenwood; was made prisoner and 
 was detained as such under military guard some thirty 
 hours. After my examination and discharge, having 
 a conversation with the Commandante of troops, he 
 said: In respect to the expected Man-of-War, that if 
 he had been Gorostiza, instead of siezing the Cina 
 Greenwood he would have at once taken the Col- 
 lector, and if the American Consul had said that he 
 was under the protection of the American flag, he 
 would reply, that he was on his own ground, and 
 that if the Man-or-War fired he would himself 
 shoot the Collector, and assert that he was shot 
 from the ship. 
 
 Aniceto M. Cordova. 
 Sworn before me, 
 
 Drake De Kay, 
 [seal] United States Consul. 
 
 Man-of-War Cove, 
 
 Magdalena Bay, 
 Lower California, 
 October 31st, 1871. 
 Mr. Drake DeKay, 
 
 U. S. Consul, 
 
 Sir : 
 
 The undersigned, 
 American citizens, having taken passage in the 
 Sloop IV. R. Alien, of New York, at Man-of- 
 
■ I? 
 
 War Cove, on the 30th October, (1871,) for 
 Cayuco, Magdalena Bay, was stopped and boarded 
 by a body of armed Mexican men, claiming to be 
 soldiers of Mexico, and acting under the orders of 
 Senor Goroztiza, who claims to be the Collector of 
 the Port of Magdalena Bay, and who made us his 
 prisoners, and forced us to return to the aforesaid 
 Port, wholly without regard to our earnest prayers 
 and protestations as innocent and unoffending 
 American citizens, bound upon business of the 
 greatest importance and entirely persjnaL We, there- 
 fore, as peaceable citizens, do most earnestly pray 
 your protection and advice, as the consul of our 
 country — not having any means to protect either 
 our lives or property — and beino- entirely at the 
 mercy of the aforementioned Collector (Senor 
 Gjrosti^a), who has already proven himself to be 
 the most inveterate enemy of Americans. 
 
 With the greatest respect, we humbly subscribe 
 ourselves your obd't servants in trouble. 
 
 J. P. Massie, 
 J. N. Vannoy, 
 T. J. Reily, 
 Wm. H. Troon, 
 John Mott. 
 
 Personally appeared before me, Drake DeKay, 
 U. S. Consul at Magdalena, L. C, the foregoing 
 persons, to wit: J. P. Massie, J. N. Vannoy, T. 
 J. Reily, Wm. H. Troon and John Mott, known 
 personally to me as American citizens ; and they 
 did, each and every one of them, severally, acknowl- 
 edge the foregoing signatures to be theirs ; and 
 
i8 
 
 being duly sworn, declared the foregoing letter to 
 be the truth ; and did formally protest ; and I, 
 the said Consul, do also protest for myself, and for 
 them, against the outrages set forth therein, claim- 
 ing damages against all persons or authorities 
 concerned therein. 
 
 Given under my hand and the seal of the Con- 
 culate of the United States, at Magdalena, L. C, 
 this ist day of November, 1871. 
 
 Khfuff] Drake DeKay, 
 
 U. S. Consul. 
 
 Custom House Permit, 
 
 Under which the American sloop W. R. Allen was 
 sailing when captured by Captain Contreras, of the 
 Mexican Army, with a troop of soldiers at Cayuco, 
 Magdalena Bay, October 31st, 1871. 
 
 \Translation7\ 
 Magdalena, September 8 th, 1871. 
 To Senor Don 
 
 Francisco Jimenez Mendizabal, 
 Collector of the Port, &c. 
 
 Have the kindness to permit the American sloop 
 W. R. Alien^ Collins, master, to ply between Man- 
 of-War Cove, Cavuco and the esteros of the Bay 
 to transport provisions, water and tools to the 
 
19 
 
 workmen and bring orchilla to this place of deposit 
 for the steamers. 
 
 For Captain J. B. G. Isham, 
 
 General Superintendent, (absent) 
 
 [Signed.] D. De Kay. 
 
 \_Endorsement^ 
 
 Maritime Custom House 
 Of the Port of Magdalena. 
 
 Permission is granted to the sloop Allen to ply 
 between the points indicated as often as may be de- 
 sired. 
 
 Cayuco, Sept 8th, 1871. 
 Jimenez Mendizabal, 
 
 Collector of the Port. 
 
 Schooner Ellen & Catherine, 
 Man-of-War Cove, 
 
 November ist, 1871. 
 To Drake DeKay, Esq., 
 
 United States Consul, 
 
 Port of Magdalena, L. C. 
 Sir : 
 
 We, the undersigned citizens of the United 
 States, supplemental to their petition to you of the 
 29th of October, most earnestly entreat that you 
 will take such course as may be necessary to induce 
 the Panama steamer to come into this harbor on her 
 upward trip, that we may have an opportunity of 
 
20 
 
 reaching San Francisco. Circumstances being daily 
 developed impress upon us the belief that, notwith- 
 standing the fair promises held out to us to remain, 
 and the subtleties resorted to by those who have 
 violently assumed the control of this port to detain 
 us here apparently with our consent, we cannot but 
 think that by remaining we would be jeopard- 
 izing our lives and property, that their promises 
 are false; and, after the '•'■ Comadre'' shall have 
 left for Liverpool, the protection of which ship we 
 are now enjoying, all means of defending ourselves 
 will have departed, and we verily believe that we 
 will fall victims to the insane hatred in which all 
 Americans are held by the party now in power. 
 [Signed] : 
 
 Andrew Hansen, 
 T. J. Riley. 
 J. T. N. Vannoy, 
 Egbert B. Smith, 
 J. C. Glidden, 
 A. R. Palmer, 
 Wm. H. Troon, 
 Oliver E. Roberts and 
 
 wife, 
 Thos. Masson, 
 John Andersen, 
 Capt. N. R. Bering, 
 J. T. Sellender, 
 I certify and declare that the signatures above, 
 with the foregoing petition, were actually made in 
 my presence ; and that each and every individual is 
 personally known to me. 
 
 J. P. Massie, 
 George Swan, 
 Joseph Gluecksberg 
 John Mott, 
 John Nimmo, 
 Christoph. Speen, 
 Albert Kattenhorn 
 
 and family, 
 Mrs. John Nimmo, 
 Edward Gallagher, 
 R. S. Martin, 
 Charles Meyer, 
 
21 
 
 [Signed]: T. C. Glidden, 
 
 Man-of-war Cove, L. C, Nov. ist, 1871. 
 A true copy of original filed in this Consulate. 
 [Seal.] Drake DeKay, 
 
 U. S. Consul. 
 
 United States Consulate, 
 On board Schooner Ellen £5? Catherine^ 
 alongside British ship Comadre, 
 Man of- War Cove, Magdalena Bay. 
 
 November ist, 1871. 
 To THE Commanding Officer of the 
 
 Pacific Mail S. S. Company's Steamer, 
 DUE FROM Panama on yth or 8th inst., 
 off Magdalena Heads, 
 Cape San Lucus. 
 Sir : 
 
 I have the honor to inform you that there are 
 on board this vessel, under protection of U. S. Con- 
 sulate, a considerable number of American citizens, 
 who are in peril of their lives from the violence of 
 an unauthorized military force, and, who are desi- 
 rous of flying from the country, as will appear by 
 the petition from them to me as U. S. Consul, of 
 which I enclose a certified copy. 
 
 I therefore request you, officially, to enter this 
 port, to take them, together with myself and the 
 Consular archives, the same being in immediate 
 danger of outrage, and I guarantee to you the pay- 
 ment of the passage of all the aforesaid persons 
 from here to San Francisco. 
 
12 
 
 I would send these people off to the heads to 
 meet you, did I deem it safe, but having attempted 
 to send off a few, night before last, the vessel was 
 captured, and brought back by Mexican soldiers. 
 
 Your steamer cannot be in any way molested or 
 detained. 
 
 The people are afloat (in this schooner) and all 
 ready to go on board. 
 
 I have the honor, sir, to be your very obedient 
 servant. 
 
 Drake De Kay, 
 [seal] United States Consul, Magdalena. 
 
 P. W. Van Winkle, 
 Vice-Consul, Man-of-War Cove. 
 
 United States Consulate, 
 On board Am. Schr. "Ellen & Catharine," 
 Alongside British Ship "Comadre," 
 Man-of-war Cove, Magdalena Bay, L. C. 
 November yth, 1871. 
 
 Capt. Cavarly, com'dg. S. S. Constitution^ 
 
 OR THE Capt. com'dg. P. M. S. S. Co's 
 
 Steamship, due from San Francisco, 
 
 OFF THE Heads of Magdalena, 
 
 this day. 
 Captain : 
 
 I hand you annexed copy of a communication 
 sent to Cape San Lucas, in hopes of getting it on 
 board of the up steamer. 
 
 Owing to the unsettled state of the country south 
 of us, particularly at Todos Santos, where troops 
 
^3 
 
 are in motion, it is extremely probable that said 
 letter will fail to reach the steamer. 
 
 In this case the chances are against her coming 
 in, and I therefore request you, officially, as the rep- 
 resentative of the American citizens here, to enter 
 this port and take out this Schooner, that the Ameri- 
 can men and families and consular archives may be 
 placed on board of the up steamer, at sea, in case of 
 failure of connection, by letter, at Cape San Lucas, 
 or that failing to get on board of her, we may pro- 
 ceed in this Schooner to San Francisco. The men, 
 women, children, and consular property are all on 
 board, and you will not be delayed over fifteen 
 minutes. 
 
 We are lying in ten fathoms of water, and you 
 can run alongside and give us a line. 
 
 I guarantee to your Company such compensation 
 as it may deem proper for the service. 
 
 Your steamer will not be delayed or molested in 
 any way by the parties on shore. 
 
 Trusting that, with your well-known kindness, 
 pluck and patriotism, you will not hesitate to ex- 
 tend your aid to American citizens in momentary 
 danger and expectation of being assaulted and pos- 
 sibly exterminated by lawless and irresponsible 
 Mexicans and foreigners, backed by ignorant and 
 brutal soldiers. 
 
 I am your friend and servant, 
 [Seal.] Drake DeKay, 
 
 U. S. Consul at Magdalena. 
 P. W. Van Winkle, 
 U. S. Vice-Consul Man-of-War Cove. 
 
24 
 
 United States Consulate, 
 On board schooner Ellen and Catharine^ 
 alongside British ship Comadre 
 Man-of-War Cove, Magdalena Bay, 
 
 November 2d, 137 1. 
 
 Messrs. Cobos, Gorostiza and Associates, 
 claiming control by force, 
 OF Magdalena Bay, 
 Sirs : Camp of Cobos & Monroy. 
 
 I have at hand a communication from your Mr. 
 F. Espinosa Gorostiza stating that certain arms, 
 ammunition, * military accoutrements, etc., as per 
 inventory enclosed therein, are in possession of the 
 U. S. Consulate, and requesting the transfer of same 
 to you as holding order from the Political Chief of 
 the Territory for them. 
 
 While denying any right on your part to ques- 
 tion, or obligation on my part to reply, you having 
 exhibited no authority of any kind showing you to 
 be a representative of either the Local or Central 
 Governments of the Republic, in order that there 
 should be no appearance of mystery or concealment 
 as regards these arms, I proceed to state that on or 
 about the 12th October, Seiior Jimenez Mendiza- 
 bal, Administrador de Aduana, etc., came to me 
 and stated that he had learned that your Mr. Cobos 
 had contracted at and despatched from La Paz a 
 large number of men, say about one hundred, to 
 come to Magdalena, nominally to pick orchilla, 
 which was most suspicious, he having already some 
 
25 
 
 two hundred men imported as colonists from Equa- 
 dor, and had more orchilla gathered than he could 
 press, and that Mr. Cobos was treating for a body 
 of soldiers to come to Magdalena, which would give 
 him a force of about three hundred and fifty to 
 three hundred and seventy-five men. That said 
 Mr. Cobos had illegally imported, without invoices, 
 and suspiciously, arms of various kinds ; say breach- 
 loading rifles, rifles with bayonets, pistols, large 
 machetes, amunition, drums, accoutrements, etc., 
 etc., in all enough to formidably arm about two 
 hundred men. That he (Mendizabal) believed that 
 the inte/ition of your party was to use these wea- 
 pons to arm your force and capture him with his 
 accounts ; destroy the Custom Hous^: accounts, 
 they being evidence of Cobos & Co.'s debts to the 
 Treasury Department and proof of his (Jimenez 
 Mendizabal's) honesty, send him to La Paz, assas- 
 sinating him on the road under false accusation of 
 attempt to escape, seize control of the port, ship ail 
 orchilla here freely, smuggle iniports ad libitum, 
 and finally, atter being well organized to pronounce 
 against the Supreme Government, and with a por- 
 tion of the proceeds of the first few months exports 
 of orchilla (say about $200,000), establish a military 
 and naval power here sufficient to control the Pen- 
 insula and defy the Central Government for a few 
 years, during which time you could divide up sev. 
 eral million dollars among the members of your 
 party. 
 
 He, therefore, as a precautionary measure and in 
 the innocent confidence that you would respect the 
 
i6 
 
 sacredness of a foreign Consulate, requested me to 
 receive a certain portion of said arms, which were 
 too bulky to handle easily, and hold them subject 
 to the disposition of the Government, which I 
 agreed to and received a number of cases into the 
 Consulate at Yray, the contents of which I did not 
 know, but was informed and believe to be as fol- 
 lows, viz 1 
 
 2. Two cases of (50) fifty rifles with bayonets. 
 
 I. One case of (48) forty-eight Machetes with 
 bayonets. 
 
 3. Three boxes of (3,000) three thousand rounds 
 ammunition. 
 
 The rest of the arms, etc., are, and have been in 
 the possession of the Custom House of this port, 
 and not of the Consulate, or of any of the employ- 
 ees or ex-employees of The Lower California Com- 
 pany, which Company was obliged by you, by force, 
 to precipitately abandon its property and interests 
 on the 30th of October, as per enclosed General 
 Order, No. 12. 
 
 As U. S. Consul I accepted the arms pending re- 
 ceipt by the Collector of instructions from the Su- 
 preme Government, for which both he and the Po- 
 litical Chief had already written, and I did so the 
 more willingly from the fact that I was aware my- 
 self of the intentions of your party, by observation, 
 advices from La Paz and previous unintentional 
 revelations of your Mr. Cobos, and comprehended 
 the plot which was incubated in May last. 
 
 In that month, your Mr. Gorostiza, then a spe- 
 cial Commissioner, came from j^La Paz to Magda- 
 lena, and although he was openly hostile to Ameri- 
 
27 
 
 cans, and with official urbanity publicly declared 
 that it would afford him especial pleasure to drive 
 all the colonists into the bay [affidavit^ Echarlos iodos 
 en la Bahia) and although he had visited only six 
 points, within a radius of forty miles, in the formal 
 inspection of some forty-seven thousand square 
 miles of the territory covered by the Colonization 
 Company, he was obliged to confess to Col. J. P. 
 Leese and others here, and also to many in La Paz 
 (see affidavits i8, 19, 22 and 24), that The Lower 
 California Company had more than fulfilled the 
 conditions of its concession. 
 
 This, however, was speedily changed and the 
 foundation was laid by the utterly false and shame- 
 less report furnished the Supreme Government by 
 Mr- Gorostiza, of the general scheme which you 
 with armed force are now attempting to perfect. 
 
 Knowing your plans and that in your unholy 
 thirst for gold, you would resort to any violence 
 (which the iniquities of the past few days have veri- 
 fied), I took charge of these arms and shall not de- 
 liver ^^them ^except upon order of Senor Jimenez 
 Mendizabal, Collector, or his successor in office 
 showing legal authority, or an order from the Su- 
 preme Government, or from the Political Chief of 
 the Territory, dated subsequent to his knowledo-e 
 of the gross violations of national honor, persons, 
 property and law by your party at this port. 
 
 The cases of arms, as described above are in the 
 Consular office at the Llano de Yray. 
 Your Obedient servant, 
 
 Drake De Kay, 
 
 [seal.] U. S. Consul at Magdalena. 
 
28 
 
 The Lower California Company, 
 Magdalena, Lower California, 
 
 6 A.M., Monday, Oct. 30th, 1871. 
 [Grand Orders, No. 12.] 
 
 1. The occupation of this port by armed force, 
 the interruption of all trade and the ignoring ai.d 
 denial of any rights of the Lower California Com- 
 pany renders it absolutely necessary for the company 
 to abandon its interests and to precipitately close 
 up, its business at this port and adjacent points un- 
 til such time as the Mexican Government shall 
 make redress and reinstate the Company. 
 
 2. All employees of the Company are notified 
 that their employments are discontinued and sala- 
 ries or wages cease from the date of this order. 
 
 3. All the goods or property here of the Com- 
 pany (other- than real estate and the Orchilla gath- 
 ered by Cobos & Monroy), and have been sold and 
 turned over to Mr. John Ricketson, a British sub- 
 ject, who desires entering into business on his own 
 account at this port. 
 
 4. The Company thanks all its employees for 
 their faithful service during the past year. 
 
 For the Board of Directors and Stockholders. 
 [Signed.] Drake De Kay, 
 
 Secretary and Apoderado-General of 
 The Lower California Company. 
 [Signed.] Jeremiah Collins, 
 
 General Supt. Lower Cal. Co. 
 A true copy of the original. 
 
 P. W. Van Winkle, 
 [seal] U. S. Vice-Consul. 
 
29 
 
 Magdalena Bay, L. C, 
 
 October 29th, 1871. 
 Col. Drake De Kay, 
 
 U. S. Consul at Magdalena, on board the 
 schooner Ellen and Catherine. 
 
 As an American citizen I beg to appeal to you 
 for protection. 
 
 Last night I was on board of the American 
 schooner Clna Greenwood^ as custodian, and of 
 which vessel I have had charge of since 6th of Oc- 
 tober, inst., since I left the service of the L. C. 
 Co. At about 3 o'clock I came on deck, everybody 
 being below and asleep, when I observed a boat 
 come alongside, being hidden till then by the dark- 
 ness, and some twenty or more men sprang on 
 board firing pistols at me, and armed with muskets, 
 machetes, and Japanese swords. They were led by 
 Manuel J. Cobos, Francisco E. Gorotiza, and 
 Judge Susano Rosas, there was also present, one 
 M. Sanchez, of La Paz. I was instantly seized 
 overpowered and pinioned. Manuel J. Cobos 
 striking me a violent blow with his pistol or other 
 heavy weapon, disabling me. After my arms were 
 bound F. Gorotiza came to me and jammed his 
 revolver in my face, cutting the flesh from my 
 cheek, saying, "Fll show you who I am, I am the 
 Mexican Government," he then ordered the guard, 
 two of Cobos' Peons, to shoot me if I attempted 
 to escape. The vessel was hailed from shore, but 
 we were ordered with threats not to reply. All on 
 board were informed that they were prisoners and 
 were not allowed to speak with each other. A 
 
30 
 
 council of war was held by the leaders, and the 
 question of cutting out the American schooner 
 Rllen ond Catherine was discussed, but as dav was 
 rapidly approaching, and as the Americans on shore 
 seemed to be arming, it appeared to be too hazard- 
 ous to attempt with the force at hand, and it was 
 concluded to send the Cina to Cayuco for the 
 troops they had there which under the command 
 of Susano Rosas, and Sanchez was done — who 
 stated he was acting under orders from Gen. 
 Davalos, the Governor of the Territory. 
 
 I have now been brought back here, still on the 
 Cina^ and am informed that I am to be tried at once 
 by "drum head court," and from what I can gather 
 from the Lieut. Commandant — as mild a mannered 
 man as ever scuttled ship or cut a throat — it is 
 more than probable that I will be shot in 
 less than twenty four hours, unless you can res- 
 cue me. They have got here some sixty regular 
 soldiers armed with rifles, and about one hun- 
 dred Peons armed with machetes and Japanese 
 swords, the leaders having revolvers. Captain 
 Gliddin told me that you had four Henry rifles, 
 and a shot gun on shore, and three revolvers, rather 
 heavy odds, but if you can surprise them to-night 
 you might get arms enough from them to clean 
 them out, but if you attack, tell the boys to fight 
 to the last man, for these pirates mean business, 
 and if they get the upper hand, God help you, and 
 the women and children, they will shoot all hands, 
 
 My principle hope is, that they fear the arrival 
 of a man-of-war, promised from San Francisco, 
 
31 
 
 and I have taken care to inform them that she will 
 be sure to \e here to-morrow, and that her com- 
 mander is a man not afraid of responsibility or 
 the navy department like manv of the navy fossils 
 who are well known in the Mexican ports as prin- 
 cipally anxious to avoid protecting Americans or 
 redressing their frequent wrongs. 
 
 They are keeping two lookouts on Observatory 
 hill to watch for the man-of-war. I leave the whole 
 matter to you; you will know what is best to do. 
 Of course you know that they will not respect any 
 demands you may make, or protests as Consul of 
 the United States. And if they do you will be 
 the first since our arrival on the Pacific coast. 
 Like all Mexicans they know by the past history of 
 American enterprise for the last 20 years in this 
 country that they have nothing to fear from the 
 United States Government. 
 
 The mines and mills of Americans destroyed, 
 Americans robbed and killed, the timbers of seized 
 American vessels rotting in every Mexican port; 
 American officers struck, insulted and stoned (like 
 Porter at Guaymas); all these outrages unredressed 
 and unavenged, plainly teach Mexican officials that 
 the American people have the most pusilanimous 
 government amongst nations. To claim American 
 citizenship in Mexico is to excite derision and in- 
 vite outrage. Better have a passport from Kam- 
 schatka. 
 
 If worst comes to the worst I hope you will do 
 what you can for my family, but I still believe that 
 the sun will still shine for me in this beautiful 
 
3^ 
 
 country, and that my time with God's blessing has 
 not yet come. You will find my address by letters 
 in my trunk, or Messrs Flood & O'Brien of S. F. 
 will furnish all necessary information. 
 
 This letter is perhaps not a very proper one to 
 address officially to a Government officer, but you 
 will please consider the circumstances, and excuse 
 informality. I wish it understood that I by this 
 enter my solemn protest to you and the U. S., 
 against the acts committed, against my present im- 
 prisonment and bonds; against my trial and any 
 future acts that may be done upon my person. 
 
 Respectfully, your obedient servant, 
 
 Edward Gallagher. 
 Native citizen of the U. S. 
 
 A true copy of original received and filed in this 
 Consulate, on board schooner Ellen and Catherine^ 
 Man-of-War Cove, L. C, October 29th, 1871. 
 
 P. W. Van Winkle. 
 
 CONSULAR SEAL \ y-^^ ^^^^^j^ 
 
 OF THE U. S. \ 
 
 United States Consulate, 
 On board American Sch'r Ellen and Catharine, 
 alongside British Ship Comadre, 
 
 Magdalena Cove, 
 Magdalena, Lower California, 
 November 8th, 1871. 
 
 Whereas, on the 9th day of October, 1871, 
 Francisco Jimenez Mendizabal Collector of Cus- 
 
33 
 
 toms under the Government of the Republic of 
 Mexico at Magdalena, Lower California, placed 
 himself with the Archives — Seal of his office, prop- 
 erty and the money belonging to the Treasury of 
 of the Republic, under the protection of this Con- 
 sulate, being impelled thereto by threats of personal 
 violence and the sequestration of said Archives, 
 seal, property and money, from one Francisco 
 Espenosa Gorostiza, an official from La Paz, claim- 
 ing control and absolute jurisdiction of the Port 
 of Magdalena and the Custom House thereat. 
 
 And, whereas, on the 28th day of October, 1871, 
 at the unusual and indecent hour of the 3J o'clock 
 in the morning, the said F. E, Gorostiza, accom- 
 panied by Susano Rosas, Administrator of sealed 
 paper of La Paz, V. Sanchez, and one Manuel J. 
 Cobos, with a boat filled with armed Peons, from 
 Equador, attacked, fired upon, boarded and captured 
 the American Schooner Cina Greenwood, while she 
 was lying peaceably at anchor in said Bay, making 
 prisoners on the Captain, crew and passengers, all 
 Americans, binding and greatly maltreating one who 
 had presumed to attempt to defend the vessel from 
 what he properly considered to be a raid made by 
 Pirates or Robbers. 
 
 And, whereas, that on the arrival of the said 
 Mendizabal at Magdalena he delivered a letter 
 from the Political Chief at La Paz, to the Lower 
 California Company wherein said Mendizabal was 
 introduced as the Collector of the Port of Magda- 
 lena, said F. E. Gorostiza having resigned. 
 
 And, whereas, that anticipating further trouble 
 
34 
 
 and violence at the hands of these said desperadoes 
 and believing that the sacredness of the American 
 Flag would not be respected, the said F. J, Mend- 
 izabal was compelled to seek the further protection 
 of the British ship Comadre. 
 
 And, whereas, that said F, E. Gorostiza after 
 capturing the said schooner, made imperative and 
 insolent demand for the person of said Collector 
 Mendizabal, and for the Seal, Archives, and all 
 other property belonging to said Custom House, 
 without exhibiting any credentials or other author- 
 ity from any source for such proceeding, and upon 
 being refused compliance, he together with said 
 Manuel J. Cobos, threatened to have the person of 
 said Mendizabal "dead or alive," and to take said 
 property by force, and did for that purpose go on 
 board of said Comadre^ but were defeated in their 
 object through the generous gallantry of her Com- 
 mander Captain Joseph Penrice, who declared that 
 said Mendizabal and the American Consuls and 
 Citizens were under the protection of the British 
 Flag, and that they, the said Gorostiza and Cobos 
 with their soldiers "would not be permitted to 
 touch a hair of their heads without first killing the 
 entire crew of his ship." 
 
 And, whereas, that immediately thereafter and in 
 violation of their pledged word of honor that noth- 
 ing further should be done or attempted until the 
 following day when said F. E. Gorostiza would 
 exhibit his papers of authorization, thev the said 
 Gorostiza and Cobos dispatched the said captured 
 schooner to Cayuco Bay for the purpose of bring- 
 
35 
 
 ing up some more Mexican Soldiers who had been 
 brought from La Paz, carrying away and holding 
 as prisoners the Captain, crew and passengers. 
 
 And, whereas, that by reason of said outrages, 
 the seizure of boats and other property of the 
 Mexican Government which has been placed under 
 the protection of the Flag and Consulate of the 
 United States, the further insults perpetrated upon 
 the Consulate and Flag, the notorious intention 
 of capturing at all hazards, not only the said Col- 
 lector Mendizabal, but the Consuls representing 
 the United States Government and the American 
 residents, in order to destroy all available evidence 
 against their nefarious proceedings, they the said 
 representatives of the Government of the United 
 States, together with all the citizens of the United 
 States who could be hastily informed were com- 
 pelled to flee and seek protection of said ship Com- 
 adre, using an American schooner flying the Amer- 
 ican flag, for transportation from the shore, and 
 while thus being transported, said schooner was 
 chased by two boats filled with uniformed Mexican 
 soldiers and others, armed with guns and revolvers 
 and overtaken just as said schooner reached the side 
 of said ship, to the quarter deck of which Col. 
 Drake De Kay the United States Consul was pur- 
 sued by said Gorostiza, Cobos, the commandants 
 of troops and others, armed with revolvers, swords, 
 etc., the said schooner being boarded by armed 
 men from the boats, and only by the firmness of 
 Captain Penrice, commander of the Comadre, who 
 threatened to order his crew to repel boarders, were 
 
36 
 
 the Consuls, the American citizens, and the afore- 
 said Mendizabald with his funds and Archives 
 saved from immediate capture and certain death. 
 
 And, whereas, that the American sloop W. R. 
 Allen, a vessel that had been navigating the waters 
 of Magdalena Bay for some time under proper 
 sailing permit issued out of the Cusf;om House by 
 the said Collector Mendizabal, was dispatched on 
 the 30th October to Cayuco Bay for the purpose 
 of getting provisions and water, carrying at same 
 time some passengers amongst whom was one 
 William H. Troon, a servant of the Consulate 
 who was sent as bearer of dispatches from the U. 
 S. Consul at this place to the U. S. Consul at La 
 Paz. That said sloop was chased by the said 
 schooner Cina Greenwood, filled with soldiers, and 
 captured at Cayuco Bay. That the commandant 
 ordered and insisted upon the immediate return to 
 Man-of-War Cove, of jraid sloop. That he utterly 
 and positively forbade and prevented any communi- 
 cation with the shore. That upon said Troon's 
 earnestly soliciting to be allowed the privilege of 
 going ashore, he was told by the commandant "that 
 if he attemped to deliver any letters, or to commu- 
 nicate verbally with any person on shore, he would 
 be tied hand and foot and carried back a prisoner." 
 That said sloop was compelled to return forthwith 
 under the guard of said schooner, notwithstanding 
 the protests of those on board and the exhibition 
 by the Captain, of the aforesaid permit, 
 
 And, whereas, that by the public threats of said 
 F. E. Gorostiza and M. J. Cobos, that '"they 
 
37 
 
 would have Mendizabal dead or alive, no matter 
 at what cost;" their frequent assertions that none 
 of the refugees should leave the Port, and the con- 
 tinually repeited threats that they would board the 
 Comadre with their whole force and take them out 
 of her, 
 
 And, whereas, that the American citizens peti- 
 tioned the U. S. Consul for protection, and that he 
 would use his official influence to induce the 
 Pacific Mail Company's Steamer, due the 8th inst., 
 to come in to the Harbor and carry them away, 
 believing from the outrages that were daily trans- 
 piring,, that they were in momentary peril of their 
 lives. That a messenger was sent to Cape St 
 Lucas to intercept said steamer on her way up from 
 Panama, carrying a copy of said petition to the 
 commander, together with an earnest letter from 
 the Consuls. That by some, as yet unexplained 
 reason, said steamer passed on up without coming 
 in the Harbor, leaving the inference that said 
 messenger had been stopped and that said dis- 
 patches had been destroyed, or purposely delayed. 
 That, in view of all the circumstances the Ameri- 
 icans and families are urgent to get away, the 
 long looked and hoped for U. S. Government ves- 
 sel not making her appearance. That it has be- 
 come compulsory in order to escape further impend- 
 ing violence to embark with others in a small 
 schooner, of but 2,S tons burden, insufficientlv pro- 
 visioned and watered, and without ballast, being 
 the only vessel that could be obtained, and which 
 was chartered expressly for the purpose by the U. 
 S. Consul. 
 
3« 
 
 Now, therefore, we, Drake De Kay, Consul of 
 the United States of America, at Magdalena, L. C, 
 and P. W. Van Winkle, Vice Consul at Man-of- 
 War Cove, do hereby enter solemn protest against 
 the Government of the Republic of Mexico, for 
 the outrages perpetrated as hereinbefore set forth, 
 for the many and persistant insults upon the Flag 
 of- the United States, and for the forcible closing 
 of the Consulate at this Port, by the violent acts 
 of said F. E. Gorostiza, S. Rosas, V. Sanchez^ 
 and others, claiming to be agents and representa- 
 tives of the said Republic of Mexico. 
 
 In testimony whereof we have hereunto set our 
 hand, and have affixed the seal of the Consulate 
 this 8th day of November, 1871. 
 
 Khfu'f] Drake DeKay, 
 
 U. S. Consul at Magdalena, 
 
 P. W. Van Winkle, 
 
 U. S. Vice-Consul Man-of-War Cove. 
 
 Magdalena. 
 
39 
 
 On board American schooner 
 
 Eiien &' Catharine, 
 
 alongside British ship Comadre, 
 
 Man-of-War Cove, 
 
 Magdalena Bay, L. C, 
 
 Nov. 8th, 1871. 
 Captain Joseph Penrice, 
 
 Commanding British ship Comadre. 
 
 Captain : 
 
 At last enabled to leave this port under convoy 
 of the Pacific Mail Steamship Constitution, in the 
 hurry of sudden departure, we desire to give you 
 our heartfelt thanks for the kind protection and 
 generous hospitality that you, together with your 
 officers and crew have extended to us. 
 
 In sending into this port a vessel that bears a 
 flag ever sensitive to the calls of humanity, and 
 commanded as the Comadre is, we gratefully recog- 
 nise the interposition of a beneficent Providence in 
 furnishing a medium by which we are enabled to 
 escape the violence and outrage to ourselves, our 
 wives, children and property, that must, of neces- 
 sity, have befallen us, by a continued stay at a place 
 where law is set aside, decency outraged, and terror 
 reigns by force of armed soldiers, headed by irre- 
 sponsible men. 
 
 While on board and under the protection of your 
 noble ship, we felt every security from harm. 
 
 Now we are driven forth to meet such fate as 
 heaven may have in reserve for us, trusting, how- 
 ever, that the same good fortune that should ever 
 
40 
 
 be extended to you will be granted to us, and that 
 you, as well as ourselves, will reach homes in safety. 
 We beg dear Captain, to subscribe ourselves, 
 your obliged servants and most sincere well wishers. 
 Andrew Olsen, J. C. Glidden, 
 
 Albert R. Palmer, J. N. Vannoy, 
 
 Charles Meyer, J. P. Massie, 
 
 F. Jiminez Mendizabal,T. J. Reily, 
 Francisco Jiminez, Jr., George Swan, 
 Andrew Hansen, Egbert B. Smith, 
 
 Charles Wallace, Oliver E. Roberts, 
 
 Thomas Masson, . John Nimmo, 
 
 Robert S. Martin, D DeKay, 
 
 Wm. H. Mayne, Christopher Spreen, 
 
 Wm. H. Troom, Joseph Glicksberg, 
 
 John Mott, N, Richard Bering, 
 
 Edward Gallagher, J. F. Scellender, 
 P. W. Van Winkle, A. Kattenhorn, 
 John Anderson, W. W. Bennett. 
 
 (American citizens.) 
 
 Evidence 
 
 That American importers had paid all duties, &c., 
 
 to Mexican Government up to date of expulsion. 
 
 Regeipts. 
 
 \_Translation.'\ 
 
 Custom House of 
 
 The Port of Magdalena, 
 
 September 30th, 1871. 
 The Lower California Company has paid to this 
 
41 
 
 Custom House for sundry duties, anchorage, pilot- 
 age, and lighthouse dues, nine hundred and ninety 
 nine 11^ dollars in gold coin, in full to date. 
 
 Francisco Jimenez Mendizabal, 
 $999.72, coin Collector of the Port. 
 
 Last Receipt. 
 Yi'Tanslationr\^ 
 Custom House, 
 
 Port of Mao;dalena. 
 
 October 22, 1871. 
 The Lower California Company has paid to this 
 Custom House, for anchorage, pilotage, lighthouse 
 and tonnage dues, for sundry duties upon goods 
 imported, and for sealed papers and postal service, 
 the sum of one thousand^ seven hundred and sixty four 
 j'*oo dollars^ in gold coin, in full to date. 
 
 Francisco Jimenez Mendizabal, 
 $1764.42. Collector of Customs. 
 
 seal of I 
 
 CUSTOM house ) 
 
 [ 'Translation. ] 
 
 CUSTOM-HOUSE OF THE PORT OF MAGDALENA, LOWEB 
 CALIFORNIA, MEXICO. 
 
 CIRCULAR. 
 
 Whereas, the port of Magdalena was occupied on 
 
42 
 
 the 28th of October by a body of armed troops, 
 headed by Cobos and Gorostiza, without authority 
 or credentials from the Supreme Government of 
 the Mexican Republic ; and whereas the hostile 
 character is public and notorious, with which, by 
 virtue of the said armed forces, they have taken 
 possession of said port : 
 
 Now, therefore, the Custom House under my 
 charge complies with the instructions of the Su- 
 preme Government in its Circular issued February 
 22d, 1832, which, in Article i, directs: 
 
 " The Supreme Government declares closed to 
 " foreign and coastwise commerce any port which is 
 " occupied by armed forces, fixing such date as may 
 " be proper, and taking such steps as may be neces- 
 " sary to notify captains of all vessels which may 
 " bound for such port." 
 
 In consequence of the citizen Gorostiza having 
 outraged this Federal office, attempting to exercise 
 authority supported only by armed force, and inas- 
 m.uch as the subscriber has the full character of 
 Collector of the Port in accordance with the laws 
 and with patents of the Supreme Government of 
 Mexico : 
 
 Therefore, so long as said forces occupy Man- 
 of-war Island, in Magdalena Bay, the point at which 
 I had established the Federal Custom House, the 
 port is hereby declared, in pursuance of the before 
 cited Article, closed to all foreign commerce until 
 the receipt of instructions from the capital of 
 Mexico and the Federal Government which I rep- 
 resent. 
 
43 
 
 And in order to bring this to the knowledge of 
 all captains of steamers and other vessels and the 
 mercantile community of San Francisco, I make 
 this notice as the legitimate representative of the 
 Treasury Department of the Mexican Republic, 
 with the understanding that whatever vessel or 
 steamer enters the said port, failing in the observ- 
 ance of this notification, will risk the responsibility 
 contracted by such act. 
 
 Independence and Liberty. 
 
 San Francisco, California, (U. S. A.) Dec. 2d, 8 171. 
 
 [Htse^yMagdafr.] FrANCISCO JiMENEZ 
 
 Mendizabal, 
 Collector of Customs of the port of Magdalena, 
 
 Report of Collector of Magdalena to the 
 
 Mexican Minister at Washington. 
 
 \_Translation.~\ 
 
 San Francisco, Cal., Dec. 6th, 1871. 
 On the morning of the 28th of October last past, 
 a body of troops, sent from La Paz, and headed by 
 Manuel Cobos, a citizen of Equador, and the Cash- 
 ier of the La Paz Custom House, Francisco Espi- 
 noza Gorostiza came to the port of the Bay of 
 Magdalena and took possession thereof, violating 
 my authority as Collector and Cashier, which I am, 
 being appointed by the Supreme Government of 
 the Capital of Mexico. 
 
44 
 
 As maritime custom houses are solely subject to 
 the Ministry of Finance, they receive their orders 
 from the Treasury Department of the nation. 
 
 Consequently no office has control over them. 
 
 Upon the citizen Gorostiza having committed 
 this act of violence, it became necessary for me to 
 shelter myself, with the office which is in my charge, 
 under the flags of the United States of North 
 America and of Great Britain, inasmuch as no 
 other Mexican authority existed in the port. 
 
 This measure, however, was not sufficient to re- 
 strain the outrao-es wh-ch were afterwards committed 
 by the said officer and his accomplices, Cobos and 
 Susano Rosas, Administrator of Sealed Paper of 
 La Paz, upon the Consul of the United States of 
 America, and his fellow-citizens resident in the 
 port, even to the point of having taken by force, 
 making use of arms and firing shots, an American 
 schooner, the Cina Greenwood \ and, further, still, 
 the said individuals and their armed soldiers, com- 
 mitted the wrong of boarding the British ship 
 Comadre^ to pursue the United States Consul, who 
 sought asylum in the said ship. 
 
 The American Consul, and his fellow-citizens, as 
 far as lay in their power, (without desiring on their 
 part to compromise the two Republics) conducted 
 themselves in the handsomest manner possible, and 
 succeeded in aiding me to place in safety my per- 
 son and the interests of the Mexican nation. 
 
 Bat as they have been outraged personally, and 
 their flags as well, they have made officially their 
 demands for redress for these attacks to the United 
 
45 
 
 States Minister, resident in Mexico, who will brinp- 
 same to the knowledge of the Cabinet of Washing- 
 ton. 
 
 And as you are exercising the functions of Mexi- 
 can Minister, near that Government, I have deemed 
 it proper and necessary to inform you in reference 
 to these occurrences, that you may be enabled to 
 place on a favorable footing this international 
 question, if the necessity arrives, notwithstanding 
 which I proceed direct to the Capital of the Re- 
 public to render account of my acts to the Citizen 
 Minister of Finance and Public Credit. 
 
 This occasion offers me for the first time the 
 opportunity of placing myself at your orders. 
 
 Independence and Liberty. 
 
 [Signed.] Francisco Jimenez Mendizabal. 
 Collector of the Port of Magdalena. 
 
 To the Citizen Minister of the Mexican Re- 
 public, resident in Washington, United States of 
 America. 
 
PERSOIAL PROTESTS 
 
 aw 
 
 AMERICAN CITIZENS. 
 
United States Consulate, 
 
 Magdalena, Lower Cal. 
 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul of the United States of 
 America, for the Port of Magdalena, personally ap- 
 peared Jasper N. Vannoy, an American citizen, and 
 declares: That, whereas, he, Jasper N. Vannoy, 
 having come to Magdalena as a colonist under a 
 contract with The Lower California Company and 
 one Moises Puch for the purpose of settling in the 
 country, and after fulfilling his said contract, he 
 prospected the country r,nd found a rich deposit of 
 silver ore which he located. 
 
 And, whereas, afterwards, he, Vannoy, went to 
 San Francisco to obtain the capital necessary for de- 
 veloping the same, and upon his representation an 
 association was formed in that city, and a large 
 amount of money was expended for outfit, etc., for 
 the purpose of developing said deposit, and for 
 prospecting and locating other mines, in which said 
 association, he, said Vannoy, became largely inter- 
 ested. 
 
 And whereas, he with two companions, J. P. 
 Massie and T. J. Riley, came here for the purpose 
 
50 
 
 of opening and working said mine, and for the pros- 
 pecting of other localities. 
 
 And whereas, on the 28th day of October, 1871, 
 one Francisco Espinoza Gorostiza, a Mexican offi- 
 cial from La Paz, accompanied by one Manuel J. 
 Cobos and a boat filled with armed Peons, at- 
 tacked and captured the Cina Greenwood, an 
 American schooner engaged in freighting in and 
 about Magdalena Bay, then lying at anchor, and 
 placed the Captain, crew and passengers in confine- 
 ment as prisoners, without any provocation, and 
 without exhibiting any legal process or authority 
 for such proceeding, and claimed by force of arms 
 absolute control of said Bay. 
 
 And whereas, by the introduction on the day fol- 
 lowing of a large number of Mexican soldiers, and 
 by threaths and other demonstrations of violence, 
 the only Mexican official at said Port, Jimenez 
 Mendizabal, Collector of Customs under commis- 
 sion from the Supreme Government, together with 
 the United States Consuls, under whose flag he 
 sought protection^ and with other unoffending per- 
 sons were compelled to seek the further protection 
 of the British ship Comadre, thereby imperilling the 
 lives and greatly alarming innocent men, women and 
 children. 
 
 And whereas, that on the 30th of October, 1871, 
 he with his said companions took passage on the 
 American sloop W. R. Allen, at Man-of-War 
 Cove for the purpose of going to said mine. That 
 after getting under way said sloop was chased by 
 the said Cina Greenwood, officered and manned by 
 
51 
 
 foreigners, natives of Equador, carrying a large 
 number of Mexican soldiers, under one Contrares, 
 Captain and Commandante, and captured at Caynco 
 Bay. That notwithstanding the Captain of said 
 sloop exhibited a 'proper sailing permit from said 
 Collector Mendizabal, said Commandante imperi- 
 tively ordered and insisted upon her immediate re- 
 turn, forbidding at same time all communication 
 with the shore and threatening W. H. Troon also 
 a passenger on board, and bearer of despatches 
 from the United States Consul at Magdalena to the 
 United States Consul at La Paz; that if he attemped 
 to deliver any letters or communicate verbally with 
 any one on shore he would bind him hand and 
 foot and carry him back a prisoner. 
 
 That he with his companions and every one on 
 board were forcibly compelled to return in said 
 sloop, pursued bv and under guard of said schooner 
 and soldiers. 
 
 And whereas, by reason of such outrages, after 
 suffering great mental torture and extreme anxiety 
 for his personal safety he is now compelled to break 
 up his occupation, abandon said mine and other 
 property and seize the only opportunity of escaping 
 from the country, and the horrors that a continued 
 stay would entail by taking passage for San Fran- 
 cisco along with thirty-five others — Americans — 
 on board of a schooner only thirty-five tons bur- 
 den, chartered by the U. S. Consul for the purpose, 
 short of ballast, and without such provisions and 
 water as could be hastily put on board. 
 
 And whereas, that by thus taking passage and 
 
5^ * 
 
 abandoning his property and interests as aforesaid, 
 he verily believs that he is escaping from the cer- 
 tainty of unprovoked outrages and personal dan- 
 gers. 
 
 Now, therefore, know all men by these presents, 
 that on the day of date hereof, comes the said Jas- 
 per N. Vannoy, and after stating the facts aforesaid, 
 hath protested. I, the said Consul of the United 
 States, at his special instance and request, do pub- 
 licly and solemnly protest against the act of the said 
 Francisco Espinoza Gorostiza, M. J. Cobos, and 
 against all and every person whom it may, doth or 
 shall concern, and especially against the Govern- 
 ment of the Republic of Mexico, whose agent and 
 representative the said Francisco Espinoza Goros- 
 tiza claims to be, for all losses, damages and injury 
 already incurred and sustained, or which may here- 
 after be incurred O'- sustained by the said J. W. 
 Vannoy, for, or bv reason of, or on account of the 
 said acts done and performed as aforesaid. 
 
 In testimony whereof, as well the said Jasper N. 
 Vannoy, as I, the said Consul, have hereunto set 
 our hands, and I, the said Consul, have affixed the 
 seal of the Consulate at Magdalena, this, the day 
 and year first herein written. 
 
 Jasper K. Vannoy, 
 
 r CONSULAR ^ r> T^ T^ 
 
 I f Drake De Kay, 
 
 < SEAL > 
 
 I OF THE u. s. j U. S. Consul at Magdalena. 
 
% 53 
 
 United States Consulate, 
 
 Magdalena, Lower California. 
 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul of the United States of 
 America, for the Port of iVlagdalena, personally ap- 
 peared J. P. Massie, an American citizen, and de- 
 clared: That whereas, J. N, Vannoy having come 
 to Magdalena as a colonist under a contract with 
 The Lower California Company and one Moises 
 Puck, for the purpose of settling in the country, 
 and after fulfilling his said contract, he prospected 
 the country and found a rich deposit of silver ore 
 which he located. 
 
 And whereas, afterwards said Vannoy went to 
 San Franciscp, California, to obtain the capital 
 necessary for developing the same, and upon his 
 representation, an association was formed in that 
 city, and a large amount of money was expended 
 for outfit, etc., for the purpose of developing said 
 deposit, and for prospecting and locating other 
 mines, in which said association, he, said Massie, 
 became largely interested. 
 
 And Whereas, he with two companions, T. J. 
 Reily and said J. N. Vannoy, came here for the pur- 
 pose of opening and working said mine, and further 
 prospecting. 
 
 And whereas, on the 28th day of October, 1871, 
 one Francisco Espinoza Gorostiza, a Mexican offi- 
 cial from La Paz, accompanied by one Manuel J. 
 Cobos, and a boat filled with Peons, all foreigners, 
 attacked and captured the Cina Greenwood, an Amer- 
 ican schooner engaged freighting in and about 
 
54 # 
 
 Magdalena Bay, then lying at anchor, and placed 
 the Captain, crew and passengers in confinement as 
 prisoners, without any provocation, and without 
 exhibiting any legal process or authority for such 
 proceeding, and claimed by force of arms absolute 
 control of said Bay. 
 
 And whereas, by the introduction on the day fol- 
 lowing of a large number of Mexican soldiers, and 
 by threats and other demonstrations of violence, 
 the only Mexican official at said Port, Francisco 
 Jimenez Mendizabal, Collector of Custom sunder 
 commission from the Supreme government, to- 
 gether with the United States Consul, under whose 
 flag he had sought protection, and with other unof- 
 fending persons were compelled to seek the protec- 
 tion of the British ship Comadre^ thereby emperilling 
 the lives and greatly alarming innocent men, women 
 and children. 
 
 And whereas, that on the 30th of October, 1871, 
 he with his said companions took passage on the 
 American sloop W. R. Allen at Man-of-War Cove 
 for the purpose of going to said mine. That after 
 getting under way, said sloop was chased by the said 
 schooner, Cina Greenwood^ officered and manned by 
 foreigners, natives of Equador, carrying a large 
 number of Mexican soldiers, under one Contreres, 
 Captain and Commandante, and captured at Cayuco 
 Bay. That notwithstanding the Captain ^of said 
 sloop exhibited a proper sailing permit from said 
 Collector, Mendizabal, said Commandante imper- 
 atively ordered and insisted upon her immediate re- 
 turn, forbidding at the same time all communica- 
 
55 
 
 tion with the shore, and threatening Wm. H.Troon, 
 also a passenger on board and bearer of despatches 
 from the United States Consul at Magdalena to 
 United States Consul at La Paz, that if he at- 
 tempted to deliver any letter or communicate 
 with any one on shore, he would bind him hand and 
 foot and carry him back a prisoner. Th.it he with 
 his companions, and every one on board, were 
 forcibly compelled to return in said sloop, pursued 
 by and under guard of said schooner and soldiers. 
 
 And whereas, by reason of such outrages, after 
 suffering great mental torture and extreme anxiety 
 for his personal safety, he is now compelled to 
 break up his occupation, abandon said mine and 
 other property and seize the only opportunity of 
 escaping from the country, and the horrors that a 
 continued stay would entail, by taking passage for 
 San Francisco along with thirty-five others, Amer- 
 icans, on board a schooner of only thirty-five tons 
 burden, chartered by the United States Consul for 
 that purpose, short of ballast and with only such 
 provisions and water as could be hastily put on 
 board. 
 
 And whereas, that by thus taking passage and 
 abandoning his property and interest as aforesaid, 
 he verily believes he is escaping from unprovoked 
 outrages and 'personal danger. 
 
 Now therefore, know all persons by these pres- 
 ents, that on the day of the date hereof, comes the 
 said J. P. Massie,]and after stating the facts afore- 
 said, hath" protested, as I, the said Consul of the 
 United States, at his special instance and request, 
 
56 
 
 do publicly and solemnly protest against the said 
 acts of Francisco Espinoza Gorostiza, M. J. Cobos, 
 and especially against the Government of the Re- 
 public of Mexico, whose agent and representative 
 the said Francisco Espinoza Gorostiza claims to be, 
 for all losses, damages and injury already incurred 
 and sustained, or which may hereafter be incurred 
 or sustained by the said J. P. Massie, for or by 
 reason, or on account of the said acts done and per- 
 formed as aforesaid. 
 
 In testimony whereof, as well the said J. P. Mas- 
 sie, as I, the said Consul have hereunto set our 
 hands, and I, the said Drake De Kay have affixed 
 the seal of the Consulate at Magdalena, this, the 
 day and year first herein written. 
 
 James P. Massie, 
 r Consular ) Drake De Kay, 
 
 ) r U. S. Consul, Magdalena, 
 
 OF the u. s. 1 ' & 
 
 United States Consulate, 
 
 AT Magdalena, Lower Cal. 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul of the United States of 
 America, for the port of Magdalena, personally ap- 
 peared Thomas J. Riley, an American citizen, " and 
 declared : " 
 
 That whereas, one J. N. Vannoy, having come to 
 Magdalena, as a colonist, under a contract with the 
 
57 
 
 Lower California Company and one Moises Puch, 
 for the purpose of settling in the country, and after 
 fulfiling his said contract, he prospected the country 
 and found a rich deposit of silver ore, which he lo- 
 cated. 
 
 And whereas, afterwards, said Vannoy went to 
 San Francisco, to obtain the capital necessary to de- 
 velop the same; and upon his representation an as- 
 sociation was formed in that city, and a large amount 
 of money was expended for outfit, etc., for the pur- 
 pose of developing said " deposit," and for pros- 
 pecting and locating other mines, in which said as- 
 o:iation he, said Riley, bscame largely interested. 
 
 And whereas, he with two companions, J. P. 
 Massie and said J. N. Vannoy, came here for the pur- 
 pose of opening and working said mine, and fur- 
 ther prospecting. 
 
 And whereas, on the 28th day of October, 1871, 
 one Francisco Espenosa Gorostiza, a Mexican offi- 
 cial, from La Paz, accompanied by one Manuel J. 
 Cobos, and a boat filled with armed peons, all for- 
 eigners, attacked and captured the "Cina Green- 
 wood," an American schooner, engaged in freighting 
 in and about Magdalena Bay, then lying at anchor, 
 and placed the captain, crew and passengers in con- 
 finement as prisoners, without any provocation, and 
 Nvithout exhibiting any legal process or authority for 
 such proceeding, and claimed by force of arms, ab- 
 solute control of said bay. 
 
 And whereas, by the introduction on the day fol- 
 owinCT of a large number of Mexican soldiers, and 
 by threats and other demonstrations of violence, 
 
5« 
 
 the only Mexican official of said port, Fr. Jimenez 
 Mendizabal, collector of customs, and under com- 
 mission from the supreme government, together 
 with the United States Consul, under whose flag he 
 had sought protection, and with other unoffending 
 persons, were compelled to seek the further protec- 
 tion of the British ship " Comadre," thereby im- 
 perilling their lives and greatly alarming innocent 
 men, women and children. 
 
 And whereas, that on the 20th day of October,. 
 1 87 1, he with his said companions took passage on 
 the American sloop " W. R- Allen," at Man-o-war 
 Cove for the purpose of going to said mine ; that 
 after getting under way said sloop was chased by the 
 said schooner' " Cina Greenwood," officered and 
 manned by foreigners, natives of Equador, carrying 
 a larore number of Mexican soldiers, under one 
 Contreras, captain and commandate, and captured 
 at Cayuco Bay ; that notwithstanding the captain 
 of said sloop exhibited a proper sailing permit from 
 said collector, Mendezabal, said commandate or- 
 dered and insisted upon her immediate return, for- 
 bidding at the same time, all communication with 
 the shore and threatening Wm. H. Troon, also a 
 passenger on board and bearer of dispatches from 
 the United States Consul at Magdalena to the Uni- 
 ted States Consul at La Paz, that "if he attempted 
 to deliver any letter or communicate with anyone 
 on shore, he would bind him hand and foot and car- 
 ry him back a prisoner. 
 
 That he with his companions and everyone on 
 b^ard were forcibly compelled to return on said 
 
59 
 
 sloop, pursued by and under guard of said schooner 
 and soldiers. 
 
 And whereas, by reason of such outragjes, after 
 suffering great mental torture and extreme anxietv 
 for his person at safety, he is now compelled to 
 break up his occupation, abandon said mine and 
 and other property, and seize the only opportunity 
 of escaping from the country and the horrors that 
 a continued story would entail, by taking passage 
 for San Francisco, along with ^S others (Americans), 
 on board a schooner of only ^^ tons burden, char- 
 tered by the U. S. Consul for that purpose, short 
 of ballast and with only such provisions and water 
 as could be hastily put on board. 
 
 And whereas, that by thus taking passage and 
 abandoning his property and interests as aforesaid, 
 he verily believes that he is escaping from the cer- 
 tainty of unprovoked outrages and personal dama- 
 ges, 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof, comes the said 
 J, P. M. (Thomas J. Riley), and after stating the 
 facts aforesaid, hath protested as I, the said Consul 
 of the United States, at his special instance and 
 request, do publicly and solemnly protest against 
 the said acts of the said Fr. E. Gorostiza, M. J. 
 Cobos, and against all and every person whom it 
 doth, may or shall concern, especially against the 
 Government of the Republic of Mexico, whose 
 agent and representative, the said Fr. E. Gorostiza, 
 claims to be, for all losses, damages and injury al- 
 ready incurred and sustained, or which may here- 
 
6o 
 
 after be incurred or sustained by the said J. P. M. 
 (Thomas J. Riley), for or by reason, or on account 
 of the said acts done and performed as aforesaid. 
 
 Kre'u.t'] Drake DeKay, 
 
 U. S. Consul at Magdalena. 
 
 United States Consulate, 
 
 Magdalena Bay, L. C. 
 
 On this 8th day of November, 1871, before me, 
 Drake DeKay, Consul of the United States of 
 America for the Port of Magdalena, personally 
 appeared Oliver E. Roberts, an American citizen, 
 " and declared " : That whereas, himself and family 
 arrived at Magdalena, Lower California, on or 
 about the 2d day of February, 1871, and has since 
 and up to the 28th d.iv of October, 1871, peaceably, 
 quietly and without molestation resided there, pur- 
 suing his legitimate occupation. And whereas on 
 said 28th of October, one Espinosa Gorostiza, a 
 Mexican official from La Paz, accompanied by one 
 Manuel J. Cobos, and a boat filled with armed 
 peons — all foreigners — attacked and captured the 
 Cina Greenwood, an American Schooner, engaged in 
 freighting in and about Magdalena Bay, then lying 
 at anchor, and placed the captain, crew and passen- 
 gers in confinement, as prisoners, without any 
 provocation, and without exhibiting any legal pro- 
 cess or authority for such proceeding, and claimed 
 by force of arms the absolute control of said bay. 
 
6i 
 
 And whereas, by the introduction, on the day 
 following, of a large number of Mexican soldiers, 
 by threats and other demonstrations of violence, 
 the only Mexican official at said port, Francisco 
 J. Mendizabal, Collector of Customs, under com- 
 mission from the Supreme Government, together 
 with the United States Consul, under whose flag he 
 had sought protection, and with other unoffending 
 persons were compelled to seek the further protec- 
 tion of the British ship Com adre, thereby imperilling 
 the lives of innocent men, women and children. 
 
 And whereas, by reason of such outrages, after 
 suffering great mental anxiety for his personal 
 safety and that of his family, he is now compelled 
 to break up his business and home, abandon his 
 property and avail himself of the only means of es- 
 caping from the country and the horrors that a con- 
 tinued stay would entail by taking passage for San 
 Francisco along with 35 others — Americans — on 
 board of a schooner of 35 tons burden, chartered by 
 the U. S. Consul for that purpose, short of ballast 
 and with what provisions and water could be hastily 
 put on board. 
 
 And whereas, by thus taking passage and aban- 
 doning his property and interests, as aforesaid, he 
 verily believes that he is escaping from a certainty of 
 outrage,to hazard the uncertainty of reaching a place 
 of safety, he considers himself damaged in the said 
 abandonment together with the extreme mental tor- 
 ture that he and his family have endured, for which 
 he seeks redress. 
 
 Now, therefore, know all men by these presents. 
 
6i 
 
 that, on the day of the date hereof, comes the said 
 Oliver E. Roberts, and after stating the facts afore- 
 said, hath protested, as I, the said Consul of the 
 United States, at his special instance and request 
 do publicly and solemnly protest against the acts of 
 the said Francisco E. Goristiza, M. J. Cobos, and 
 against all and every person whom it doth, may, or 
 shall concern, and especially against the Govern- 
 ment of the Republic of Mexico, whose agent and 
 representative the said Francisco E. Gorostiza 
 claims to be, for all losses, damages and injury 
 already received and sustained, or which may here- 
 after be incurred or sustained by the said Oliver E. 
 Roberts, for, or by reason, or on account of the 
 said acts as aforesaid. 
 
 In testimony whereof, as well the said Oliver E. 
 Roberts, as I, the said Consul, have hereunto set 
 our hands, and I, the said Consul, have affixed the 
 seal of the Consulate at Magdalena, this the day 
 and year first herein written. 
 
 Oliver E. Roberts. 
 
 r CONSULAR I Drake DeKay, 
 
 < SEAL V 
 
 OF THE u. s. ) ^' ^' Consul, at Magdalena. 
 
 U. S. Consulate 
 Magdalena Bay, Lower California. 
 On this 8th day of November, 1871, before me 
 Drake De Kay, Consul of the United States of 
 America for the Port of Magdalena, personally ap- 
 
63 
 
 peared John F. Sellender, an American citizen, and 
 declared: 
 
 That, whereas, he arrived at Magdalena, Lower 
 California, in the month of February, 1871, intend- 
 ing to make this country his permanent place of 
 abode, and has since and up to the 28th day of 
 October, 187 1, peacably and quietly and without 
 molestation, resided here pursuing his legitimate 
 occupation as a farmer. 
 
 And, whereas, that on the said 28th October, 
 one Francisco Espinoza Gorostiza a Mexican 
 official from La Paz, accompanied by one Manuel 
 J. Cobos, with a boat filled with armed Peons 
 attacked and captured the Cina Greenwood an Amer- 
 ican schooner engaged in freighting in and upon 
 Magdalena Bav, then lying at anchor at Man of- 
 War Cove, and placed ths Captain crew and pass- 
 engers, all Americans, in confinement as prisoners, 
 without any provocation and without exhibiting any 
 legal process or authority for such proceeding, and 
 claimed by force of arms the absolute control of 
 said Bay. 
 
 And, whereas, that by the introduction on the 
 day following of a large number of Mexican sold- 
 iers, by threats and other demonstrations of vio- 
 lence, the only Mexican official at said Port, F. J. 
 Mendizabal, Collector of Customs, under commis- 
 sion from the Supreme Government, together with 
 the United States Consul, untier whose Flag he 
 had sought protection, and with other unoffending 
 persons, were compelled to seek the further pro- 
 
64 
 
 tection of the British ship Ccmadre, thereby im- 
 periling the lives of inocent men, women and 
 children. 
 
 And, whereas, by reason of said outrages, after 
 suftering great mental anxiety for his personal safety, 
 he is now compelled to break up his home, aband- 
 on his farm and property, and avail himself of the 
 only means of escaping from the country and the 
 horrors that a continued stay wauld entail, by tak- 
 ing passage for San Francisco along with thirty 
 five others — Americans — on board of a. schooner o^ 
 but 2S ^°^^ burden, chartered for that purpose by 
 the U. S. Consul, short of ballast, and with what 
 provisions and water could be hastily put on 
 board. 
 
 And, whereas, by thus taking passage and 
 abandoning his property, and interests, as afore- 
 said, he verily believes that he is escaping from 
 imminent personal danger, and for which he seeks 
 reeress. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof,comes the said 
 John F. Sellender, and after stating the facts afore- 
 said, hath protested, as 1, the said Consul ot the 
 United States, at the special instance and request 
 do publicly and solemnly protest against the acts 
 of the said F. E. Gorostiza, M. J. Cobos, and 
 against all and every person whom it doth, may, 
 or shall concern, and especially against the Govern- 
 ment of the Republic of Mexico, whose agent 
 and representative the said F. E. Gorotiza claims - 
 to be, tor all losses, damages and injury already 
 
received and sustained, or which may hereafter be 
 incurred or sustained by the said John F. Sellender, 
 for, or by reason, or on account of the said acts 
 done and performed as aforesaid. 
 
 In testimony whereof, as well the said John 
 F. Sellender, as I, the said Consul, have hereunto 
 set our hands, and 1 the said Consul have affixed 
 the seal of the Consulate, at Magdalena, this the 
 day and year first herein written. 
 / ^ 1 ToHN F. Sellender, 
 
 CONSULAR SEAL V^ t^ t^ 
 
 i > Drake De Kay, 
 
 OF THE U. S. ' 
 
 "• ^ U. b. Consul at Magdalena. 
 
 United States Consulate, 
 Magdalena Bay, Lower California. 
 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul of the United States of 
 America, for the port of Magdalena, personally 
 appeared William W. Bennett, an Am.erican citizen, 
 and declared : 
 
 That, whereas, he arrived at Magdalena, Lower 
 California, in the month of February, 1871, intend- 
 ing to make this country his permanent place of 
 habitation, and has since and up the 28th day of 
 October, 1S71, peace.ibly and quietly and without 
 molestation resided there, pursuing a legitimate oc- 
 cupation. 
 
 And, whereas, on said 28th of October, one 
 Francisco Espenoza Gorostiza, a Mexican official 
 
66 
 
 of La Paz, accompanied by one Manuel J. Cobos, 
 and a boat filled with armed peons, all foreigners, 
 attacked and captured the Cina Greenwood, an Amer- 
 ican schooner, en^^aged in freighting, in and upon 
 Magdalena Bay, then lying at anchor, and placed 
 the Captain, crew and passengers in confinement as 
 prisoners, without any provocation, and without ex- 
 hibiting any legal process or authority for such pro- 
 ceeding, and claimed by force of arms the absolute 
 control of said Bay. 
 
 And, whereas, by the introduction, on the day 
 following, of a large number of Mexican soldiers, 
 and by threats and other demonstrations of violence, 
 the only Mexican official at said port, Francisco J. 
 Mendizabal, Collector of Customs, under commis- 
 sion for the Supreme Government, together with 
 the United States Consuls, under whose flag he had 
 sought protection, and with other unoffending per- 
 sons were compelled to seek the farther protection 
 of the British ship Comadre, thereby causing great 
 alarm and imperiling the lives of innocent men, 
 women and children. 
 
 And, whereas, by reason of such outrages, after 
 suffering great mental torture and anxiety for his 
 personal safety, he is now compelled to break up 
 his business, abandon his property and interests 
 and to seize the only opportunity of escaping from 
 the country and the horrors that a continued stay 
 would entail, by taking passage for San Francisco, 
 along with thirty-five others, Americans, on board a 
 schooner of only 35 tons burden, chartered by the 
 United States Consul for that purpose, short o^ 
 
67 
 
 ballast^ and with what provisions and water could 
 be hastily put on board. 
 
 And, whereas, by thus taking passage and aban- 
 doning his business, property and other interests, 
 as aforesaid, and without means or money, he ver- 
 ily believes that he is escaping from a certainty of 
 outrage and violence, and from a place in which, 
 under present circumstances, there exists no secu- 
 rity for life or property. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof comes the said 
 William W. Bennett, and after stating the facts 
 aforesaid, hath protested as I the said Consul of 
 the United States, at his special instance and re- 
 quest, do publicly and solemnly protest against the 
 acts of the said F. E. Gorostiza, M, J. Cobos and 
 against all and every person, or persons, whom it 
 doth, may, or shall concern, and especially against 
 the Government of the Republic of Mexico, whose 
 agent and representative the said F. E. Gorostiza 
 claims to be for all losses, damages and injury 
 already incurred and sustained, or which may here- 
 after be incurred or sustained by the said William 
 W. Bennett for, or by reason, or on account of the 
 said acts done and performed as aforesaid. 
 
 In testimony whereof, as well the said William 
 W Bennett as I, the said Consul, have hereunto set 
 our hands, and I the said Consul have affixed the 
 seal of the Consulate at Magdalena, this the day 
 and year first herein written. 
 
 Wm. W. Bennett, 
 
 CONSULAR SEAL ) DraKE De KaY, 
 
 OF THE u. s. j U. S. Consul at Magdalena. 
 
68 
 
 United States Constlate, 
 Magdalena Bay, Lower California. 
 
 On this 8th day of November, 1871, before me, 
 Drake DeKay, Consul of the United States of 
 America, for the port of Magdalena, personally 
 appeared Christoph Spreen, an American citizen, 
 and declared : 
 
 That, whereas, he arrived at Magdalena, Lower 
 California, in the month of February, 1871, intend- 
 ing to make this country his permanent place of 
 residence, and has since and up to the 28th day of 
 October, 187 i, peaceably and quietly and without 
 molestation resided there pursuing a legitimate oc- 
 cupation. 
 
 And, whereas, on said 28th of October, one 
 Francisco Espinoza Gorostiza, a Mexican official 
 from La Paz, accompanied by one Manuel J. Cobos, 
 in a boat filled with armed peons, all foreigners, at- 
 tacked and captured an American schooner, called 
 the Cina Greenwood, engao-ed in frei^htingr in and 
 
 ■'00 D O' 
 
 upon Magdalena Bay, then lying at anchor, and 
 placed the captain, crew and passengers in confine- 
 ment as prisoners, without any provocation, and 
 without exhibiting any legal process or authority, 
 for such proceeding, and claimed by force of arms 
 the absolute control of said Bay. 
 
 And, whereas, by the introduction, on the day 
 following, of a large number of Mexican soldiers, 
 and by threats and other demonstrations of violence, 
 the only Mexican official at said port, Francisco J. 
 Mandizabal, Collector of Customs, under commis- 
 sion from the Supreme Government, together with 
 
the United States Consuls, under whose flag he had 
 souo-ht protection, and with other unoffending per- 
 sons were compelled to seek the farther protection 
 of the British ship Comadre, thereby causing great 
 alarm and imperilling the lives of innocent men, 
 women and children. 
 
 And, whereas, by reason of such outrages, after 
 suffering great mental torture and anxiety for his 
 personal safety, he is now compelled to break up 
 his business, abandon his property and interests, 
 and to seize the only opportunity of escaping from 
 the country and the horrors that a continued stay 
 would entail, by taking passage for San Francisco, 
 along with thirty-five others, Americans, on board 
 a schooner of but i^c^ tons burden, chartered by the 
 United States Consul for that purpose, short of 
 ballast, and with what provisions and water could 
 be hastily put on board. 
 
 And, whereas, by thus taking passage and aban- 
 doning his business, property and other interests as 
 aforesaid, and without means or money, he verily 
 believes that he is escaping from a certainty of out- 
 rage and violence, and from a place in which under 
 present circumstances there exists no security for 
 life or property. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof comes the said 
 Christoph Spreen, and after stating the foregoing 
 facts, hath protested as I, the said Consul of the 
 United States, at his special instance and request 
 do publicly and solemnly protest against the acts 
 of the said F. E. Gorostiza, M. J. Cobos, and 
 
70 
 
 against all and every person, or persons, whom it 
 doth, may, or shall concern, and especially against 
 the Government of the Republic of Mexico, whose 
 agent and representative the said F. E. Gorostiza 
 claims to be, for all losses, damages and injury 
 already incurred and sustained, or which may here- 
 after be incurred or sustained by the said Christoph 
 Spreen, for, or by reason, or on account of the said 
 acts done and performed as aforesaid. 
 
 In testimony whereof, as well the said Christoph 
 Spreen, as I the said Consul have hereunto set our 
 hands, and I the said Consul have affixed the seal 
 of the Consulate at Magdalena, this the day and 
 year first herein written. 
 
 Christoph Spreen, 
 
 CONSULAR SEAL ) DraKE De KaY, 
 
 OF THE u. s. j U. S. Consul, at Magdalena. 
 
 U. S. Consulate, 
 Magdalena Bay, Lower California, 
 
 On the 8th day of November, 1871, before me 
 Drake De Kay, Consul of the United States of 
 America, for the port of Magdalena — personally 
 appeared, Robert Rushbrook, an American citizen 
 and declared. 
 
 That whereas, he arrived at Magdalena, Lower 
 California, in the month of February, 1871, in- 
 tending to make this country his permanent place 
 of abode, and has since and up to the 28th day of 
 
71 
 
 October, 1871, peaceably and quietly, and without 
 molestation, resided here pursuing a legitimate 
 occupation. 
 
 And, whereas, on said 28th day of October, one 
 Francisco Espinoza Gorostiza, a Mexican official 
 from La Paz, accompanied by one Manuel J. Co- 
 bos, and a boat filled with armed Peons, 
 attacked and captured the Cina Greenwood 
 an American schooner engaged in freight- 
 ing in and upon Magdalena bay — then lying at 
 anchor, and placed the captain, crew and passen- 
 gers in confinement as prisoners, without any pro- 
 vocation and without exhibiting any legal process 
 or authority for such proceedings, and claimed by 
 force of arms the absolute control of said bay. 
 
 And, whereas, by the introduction, on the day 
 following, of a large number of Mexican soldiers 
 and by threats and other demonstrations of violence, 
 the only Mexican Official at said port — Francisco 
 J. Mendizabal, Collector of Customs under com- 
 mission from the Supreme Government, together 
 with the United States Consul, under whose flag 
 he had sought protection, and with other unoffend- 
 ing persons were compelled to seek the further 
 protection of the British Ship Comadre, thereby 
 causing great alarm and imperrilling the lives of 
 innocent men, women and children. 
 
 And, whereas, by reason of said outrages, after 
 suffering great mental torture and anxiety for his 
 personal safety, he is now compelled to break up 
 his business, abandon his property and interests, 
 and to seize the only opportunity of escaping from 
 
72 
 
 the country and the horrors that a continued stay 
 would entail, by taking passage for San Francisco 
 along with ^S others — Americans — on board a 
 schooner of only 3 i; tons burden, chartered by the 
 U. S. Consul for that purpose, short of ballast and 
 with what provisions and water could be hastily put 
 on board. 
 
 And, whereas, by thus taking passage and aban- 
 doning his business, property and other interests, 
 as aforesaid, and without means or money, he 
 verily believes that he is escaping a certainty of 
 outrage and violence, and a place in which, under 
 present circumstances there does not exist any 
 security for life or property. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof, comes the said 
 Robert Rushbrook, and after stating the facts 
 aforesaid, hath protested, as I the said Consul of the 
 United States^ at his special instance and request, 
 do publicly and solemnly protest against the acts 
 of the said Francisco E. Gorostiza, M. J. Cobos, 
 and against all and every person or persons whom 
 it doth, may, or shall concern, and especially 
 against the Government of the Republic of Mex- 
 ico, whose agent and representative the said F. 
 E. Gorostiza claims to be, for all losses, damages, 
 and injury already incurred and sustained, or which 
 hereafter may be incurred or sustained by the said 
 Robert Rushbrook, for, or by reason, or on ac- 
 count of the said acts done and performed as afore- 
 said. 
 
 In testimony whereof, as well the said Robert 
 
73 
 
 Rushbrook, as I, the said Consul have hereunto 
 set our hands, and I the said Consul have affixed 
 the Seal of the Consulate at Maadalena, this the 
 day and year first herein written. 
 
 Robert Rushbrook, 
 
 rrhfu.t'] Drake De Kay. 
 
 U. S. Consul. 
 
 In testimony whereof, as well the said J. P. M, 
 (Thomas J. Riley), as I the said consul, have here- 
 unto set our hands, and I the said consul, have af-j / / , 
 fixed the seal of the Consulate of Magdalena, t\\\s) n^^ ^ 
 the day and year herein mentioned. 
 
 Thomas J. Riley, 
 Drake De Kay, 
 U. S. Consul at Magdalena. 
 
 United States Consulate, 
 Magdalena Bay, Lower Cal. 
 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul for the United States of 
 AmiCrica, for the port of Magdalena, personally ap- 
 peared Albert Kattenhorn, an American citizen, 
 " and declared : 
 
 That whereas, that himself and family arrived 
 at Magdalena, Lower California, on or about the 
 30th day of Jan'y, 1871, and has since and up to the 
 28th day of October, 1871, peaceably, quietly and 
 without molestation, resided there, pursuing his 
 legitimate occupation. 
 
74 
 
 And whereas, on said 28th day of October, one 
 Francisco Espinoza Gorostiza, a Mexican official 
 from La Paz, accompanied by one Manuel J. Co- 
 bos and a boat filled with armed peons — all foreign- 
 ers — attacked and captured the " Cina Greenwood," 
 an American schooner, engaged in freighting in and 
 about Magdalena Bay, then lying at anchor, and 
 placed the captain, crew and passengers in confine- 
 ment as prisoners, without any provocation and 
 without any legal process or authority for such pro- 
 ceeding, and claimed by force of arms the absolute 
 control of said bay. 
 
 And whereas, by the introduction on the day fol- 
 lowing of a large number of Mexican soldiers, and 
 by threats and other demonstrations of violence, 
 the only Mexican official of said port, T. J. Men- 
 dizabel, Collector of customs, under commission 
 from the Supreme Government, together with the 
 United States Consul, under whose flag he had 
 sought protection, were compelled with other unof- 
 fending persons to seek the further protection of 
 the British ship " Comadre," thereby imperilling 
 the lives of innocent men, women and children. 
 
 And whereas, by reason of such outrages he has 
 suffi^red great mental anxiety and bodily fear (for 
 himself and family), and is now compelled to break 
 up his home abandon his business and property, 
 availing himself of the only means of escaping from 
 the horrors that a continued stay would entail, by 
 taking passage to San Francisco, along with ^5 
 others — Americans — on board a schooner of only 
 2^ tons burden, chartered by the United States 
 
IS 
 
 Consul for that purpose, short of ballast and with 
 what provisions and water as could be hastily put 
 on board. 
 
 And whereas, by thus taking passage and aban- 
 doning his interests as aforesaid, he verily believes 
 that he is escaping from a certainty of outrages at 
 the hands of lawless men, and thereby saving the 
 lives of himself and family. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof, comes the said 
 Albert Kattenhorn, and after stating the facts afore- 
 said, hath protested as I the said Consul of the 
 United States, at his special instance and request, do 
 publicly and solemnly protest against the said acts 
 of the said Fr, E, Gorostiza, M. J. Cobos and 
 against all and every person whom it doth, may or 
 shall concern, and especially against the Government 
 of Mexico, whose agent and representative the said 
 Fr. E, Gorostiza claims to be, for all losses, dama- 
 ges and injury incurred and sustained, or which may 
 hereafter be incurred or sustained by the said Al- 
 bert Kattenhorn, for or by reason, or on account of 
 the said acts done and performed as aforesaid. 
 
 In testimony whereof, as well the said A. Katten- 
 horn, as I the said Counsel have hereunto set our 
 hands, and I the said counsel have affixed the seal 
 of the Consulate at Magdalena, this the day and 
 year first herein mentioned. 
 
 Albert Kattenhorn, 
 Drake De Kay, 
 U. S. Consul at Magdalena, 
 
76 
 
 United States Consulate, 
 
 At Magdalena Bay, Lower Cal. 
 
 On this 8th day of November, 1871, before me, 
 Drake De Kay, Consul of the United States of 
 America, for the port ot Magdalena Bay, personally 
 appeared John Nimmo, an American citizen, "and 
 declared : " 
 
 That whereas, himself and family arrived at Mag- 
 dalena, Lower Cal., on or about the 2d day of Feb- 
 ruary, 1 87 1, intending to make this country his fu- 
 ture home, and has since and up to the 28th day of 
 October, 1871, peaceably and quietly, and without 
 molestation, resided there pursuing a legitimate 
 occupation. 
 
 And whereas, on said 28th of October, one Fran- 
 cisco Espinoza Gorostiza, a Mexican official, from 
 La Paz, accompanied by one Manuel J. Cobos and 
 a boat filled with armed peons — all foreigners — at- 
 tacked and captured the " Cina Greenwood," an 
 American schooner, engaged in freighting in and 
 about Magdalena Bay, then lying at anchor, and 
 placed the captain, crew and passengers in confine- 
 ment as prisoners, without any provocation and 
 without exhibiting any legal process or authority for 
 such proceeding, and claimed by force of arms the 
 absolute control of said bay. 
 
 And whereas, by the introduction on the day fol- 
 lowing of a large number of Mexican soldiers, and 
 by threats and other demonstrations of violence, the 
 only Mexican official of said port, Francisco J. 
 Mendizabel, Collector of Customs, under com- 
 mission from the Supreme Government, together with 
 
77 
 
 the United States Consul, under whose flag he had 
 souo-ht protection, and with other unoffending per- 
 sons were compelled to seek the further protection 
 of the British ship " Comadre," thereby causing 
 great alarm and imperilling the lives of innocent 
 men, women and children. 
 
 And whereas, by reason of such outrages, after 
 suffering great mental torture and anxiety for the 
 safety of himself and family, he is now compelled 
 to break up his home, adandon his business, prop- 
 erty and interests, and to sieze the only opportuni- 
 ty of escaping from the country and the horrors 
 that a continued stay would entail, by taking pas- 
 sap-e to San Francisco, along with ^S others — Ameri- 
 cans — on board of a schooner of only ^S tons bur- 
 den, chartered by the U. S. Consul for that purpose, 
 short of ballast, and with what provisions and water 
 as could be hastily put on board. 
 
 And whereas, by thus taking passage and aban- 
 doning his business, property and other interests, 
 as aforesaid, and without means of subsistence, he 
 verily believes that he is escaping from a certainty 
 of outrage and violence, and from a place in which 
 under present circumstances, there exists no securi- 
 ty for life or property. 
 
 Now, therefore, know all men by these presents, 
 that on the day of the date hereof, comes the said 
 John Nimmo, and after stating the facts aforesaid, 
 hath protested as I the said Consul of the United 
 States, at his Special request, do publicly and sol- 
 emnly protest against the acts of the said Fr. E. 
 Gorostiza, M. J. Cobos, and against all and every 
 
7« 
 
 person or persons whom it doth, may or shall con- 
 cern, and especially against the Government of the 
 Republic of Mexico, whose agent and representa- 
 tive the said Fr. E. Gorostiza claims to be, for all 
 losses, damages and injury already incurred and sus- 
 tained, or which may hereafter be incurred or sus- 
 tained by the said John Nimmo, for or by reason, 
 or on account of the said acts done and performed 
 as aforesaid. 
 
 In testimony whereof, as well the said John Nim- 
 mo, as I the said Consul, have hereunto set our 
 hands, and I the said Consul have affixed the seal 
 of the Consulate at Magdalena, this the day and 
 year first herein written. 
 
 John Nimmo, 
 Drake De Kay, 
 U. S. Consul at Magdalena. 
 
 Magdalena Bay. 
 November, 2d, 1871. 
 Col. Drake De Kay, 
 
 U. S. Consul, 
 
 Sir : 
 
 It becomes my 
 duty to report to you an outrage committed on the 
 American Sloop W. R. Allen^ under my command, 
 by an armed force under orders, as reported, from 
 one Gorostiza, who it seems by force of arms has 
 declared himself Administrador at Man-of-War 
 
79 
 
 Cove. The circumstances are as follows : I left 
 Man-of-War Cove on the 30th of October at 10- 
 30 P. M,, with a moderate breeze from N. N. W, 
 nothing of note occuring until the morning of 31st; 
 at 6 A. M., a sail was discovered astern and evi- 
 dently in chase, the wind at this time being light, 
 we had recourse to sweeps to prevent drifting in 
 the Lee bay. At 8 a. m. a whale boat seemingly 
 crowded with men hove in sight ; gaining on us 
 rapidly, at 8—30. a. m. the boat stopped about fifty 
 yards from the Sloop, hailed and ordered the 
 Sloop to be kept away for Man-of-War Cove; the 
 Sloop's position then being one mile S. W. from 
 Cayuco. (I forgot to state above that I was bound 
 to Cayuco^ a distance of thirty five miles from 
 Man-of-War Cove, for beef cattle and water, the 
 people at Man-of-War Cove being very short of 
 provisions and water.) I demanded of the ofiicer 
 in charge by what authority T was thus prevented 
 from proceeding on my voyage. The officer in 
 charge replied that he was acting under orders from 
 Gorostiza, Administrador at Man-of-War Cove; 
 I replied to him that I knew of no Administrador 
 at Man-of-War Cove but Senor F. J Mendizabal, 
 from whom I had a regular permit such as the 
 vessels on the Bay and Lagoons receive from him. 
 This the officer in command replied he had nothing 
 to do with; my orders, said he, are preemptory. 
 He then ordered his boat alongside and took a line, 
 there were nine armed soldiers in the boat and an 
 officer, and three of boats crew. 
 
 My passengers loudly protested against not be- 
 
8o 
 
 ino- allowed to go on shore, that they had nothing 
 whatever to do with the vessel, but were private 
 citizens on their way to Magdalena Island. The 
 officer remarked that if the vessel was caught, that 
 his orders were, that no one should go on shore. 
 I pointed out to him the consequences of detaining 
 a vessel on the high seas, and ot the importance it 
 was to me to reach my destination, to procure t)eef 
 cattle, provisions and water; all of which he said 
 misht be true, but that I must return with the 
 Sloop immediately. I reluctantly returned under 
 convoy of the schooner Cina Greenwood, with some 
 twenty Mexican soldiers keeping close to me to 
 Man-of-War Cove, at 1-30 a. m. ist November. 
 
 Trusting that you will make the necessary report 
 to our Government, 
 
 I Remain, Very Respectfully, 
 Your Obedient Servant, 
 
 J. Collins, 
 Commander Sloop W. R. Allen. 
 J. P. Massie, 
 T. J. Reily, 
 J. N. Vannoy, 
 John Mott, 
 Wm. H. Troon, 
 
 Passengers. 
 
A true copy of letters original, received at, and 
 on file in this Consulate, on boatd Sehconers 
 Ellen and Catherine. 
 
 Drake Ds Kay, 
 •U. S. Consul. 
 Magdalena Bay, November 2, liyi. 
 
 [Consular Seal"] 
 of the U. s. J 
 
 Eleven individual Protests of Citizens 
 not yet printed. 
 
GoBiERNO Politico y Comandancia Mil 
 
 I Y Comandancia Militar ) 
 DE La Baja California. j 
 
 Ha sido nombrado por el Supremo Gobierno 
 Contador de la Aduana Maritima de la Magdalena 
 de este Territorio, el Sr. D, Francisco Jimenez 
 Mendizabal, quien sale hoy de esta ciudad para 
 dicho puerto a encargarse con tal caracter de la 
 expresada Aduana, por haber renunciado el Sr. D. 
 Francisco E. Gorostiza el nombramiento que en su 
 persona se hizo, de Administrador de aquella 
 oficina. 
 
 En consecuencia, se le guardaran al propio Sr. 
 Mendizabal todas las consideraciones que demanda 
 el caracter oficial que lleva, a cuyo fin este Gobierno 
 ha dispuesto dirigirle a V. la nota presente que 
 abierta le entregara el mismo Sr. Jimenez. 
 
 * ^^: ♦ >i: :;-: ;;; * 
 
 Independencia y libertad. La Paz, Junio 30 de 
 
 1871. 
 
 (Firmado) B. Davalos. 
 
 Ramon Martinez, Secretario. 
 
 Sr. Secretario de la Compania Colonizadora de los 
 Terrenos de la -Baja California, Puerto de la 
 Magdalena. 
 
84 
 
 Magdalena, SetiembVe 8 de 1871. 
 Sr, D. Francisco Jimenez Mendizabal, Adminis- 
 trador de Aduana, etc. — Sirvase Vd. permitir que 
 la balandra Americana TV. R. Allen, su capitan 
 Collins, pase de Man-of-war Bay a Cayuco y los 
 esteros de la bahia para conducir viveres a los tra- 
 bajadores, agua y herramientas, y conducir orchilla 
 por este deposito por los vapores, etc. 
 
 Por el Capitan Isham, 
 Superintendente General (Ausente), 
 (Firmado) Drake De Kay. 
 
 Aduana Maritima de la 
 
 Bahia de la Magdalena. 
 
 Permitase a la balandra Allen pasar las veces que 
 quiera a los putitos indicados. 
 
 Jimenez Mendizabal. 
 
 Aduana Maritima de la 
 
 Bahia de la Magdalena. 
 
 Interin el Supremo Gobierno de la Nacion, a 
 quien tengo dada cuenta de los actos de esta 
 Aduana, que es a mi cargo, resuelvelo conveniente, 
 suplico a v., como Consul de los Estados Unidos 
 en este puerto, que ampare bajo su bandera ameri- 
 cana, tanto mi persona, como los intereses que ad- 
 ministro, de la Hacienda publica, de cualquier 
 acto arbitrario, y sin ley espresa que lo autorice, de 
 las autoridades politica y civil del Territorio, 
 
 Como dejo espuesto, esto solo durara, mien- 
 tras el Supremo Gobierno General de la Na- 
 
85 
 
 cion, ordena lo que debe hacerse, y a quien 
 igualmente le doy cuenta de este aconteci- 
 miento, pues mi intencion no es otra que evitar un 
 atropellamiento ocasionado por la escandalosa con- 
 ducta que esta observando Cobos y Monroy, ante 
 aquellas autoridades, para nulificar los procedimien- 
 tos de esta oficina, en su contra como contrabandistas, 
 considerado por los articulos de la ordenanza gene- 
 ral maritima, en su ultima importacion de efectos, 
 sin documentos legales, que han hecho en la goleta 
 Ecuatoriana Amelia. 
 
 Dignese V. contestar de enterado de este asunto 
 a esta oficina, para normar sus actos, y de aceptar 
 las protestas de mi distinguido aprecio. 
 
 Independencia y libertad. Man-of-war, Octu- 
 bre 9 de 1871. 
 
 El Administrador Interino, 
 
 (Firmado) Francisco Jimenez Mendizabal. 
 
 C. Consul de Estados Unidos Americanos en este 
 puerto de Magdalena. 
 
 ADUANA MARITIMA DE LA BAHIA DE LA 
 MAGDALENA, 
 
 CIRCULAR. 
 
 Habiendo sido ocupado en la mafiana del dia 28 
 del actual este puerto jxDr una partida de tropa 
 acaudillada por Cobos y Gorostiza, quienes no han 
 presentado titulos legales del Supremo Gobierno 
 General de la Nacion, y siendo como lo es publico 
 y notorio el caracter hostil con que en virtud de la 
 
86 
 
 fuerza armada ban tornado posecion, desde luego la 
 Aduana de mi cargo, cumpliendo con lo prevenido 
 en la Circular del Supremo Gobierno, espedida en 
 22 de Febrero de 1832, en su articulo primero que 
 dice : 
 
 " El Gobierno declarara cerrado para el comercio 
 extrangero y de escala y cabotaje, cualquier puerto 
 de la Repiablica que este 6 eatubiere ocupado por 
 fuerzas que no le obedezcan." 
 
 En consecuencia al haber atropellado a esta ofi- 
 cina, el C. Gorostiza, queriendo ejercer sus fun- 
 ciones sin titulo legal, solo apollado en la fuerza de 
 las armas, y siendo como es que el que suscribe 
 tiene todo el caracter que le dan las leyes con titulo 
 del Supremo Gobierno de la Nacion, por esta 
 misma causa, mientras la fuerza armada ocupe la 
 parte de tierra de esta isla, donde he establecido 
 la Aduana Maritima, se considerara comprendida 
 en lo dispuesto por el articulo ya citado, quedando, 
 entretanto vienen ordenes supremasde la capital de 
 la Republica y del Gobierno General, establecida la 
 verdadera oficina 6 Aduana, a bordo de la fragata 
 inglesa Comadre protegida y amparada por los pabe- 
 llones de Inglaterra y Estados Unidos de Norte 
 America; no debiendo U. obedecer mas ordenes 
 que las que emanen de esta Aduana, que desconoce 
 toda autoridad legal en el C. Gorostiza. 
 
 Independencia y libertad. Bahia de Magdalena, 
 
87 
 
 a bordo de la Fragata Inglesa Comadre^ Octubre 30 
 de 1871. 
 
 El Administrador Interino, 
 (Firmado) Francisco Jimenez Mendizabal. 
 C. Consul de Estados Unidos de Norte America, 
 residente en este puerto, presente. 
 
 BENITO JUAREZ, 
 
 P residente Constitucional de los Estados Unidos 
 Mexicanos. 
 
 Vista la patente que el Presidente de los Estados 
 Unidos de America expidio con fecha primero de 
 Junio ultimo al Senor Drake De Kay, nombrandolo 
 Consul de los Estados Unidos en Magdalena, Baja 
 California, le concede el presente Exequatur, con 
 arreglo al articulo cuarto delaley de 26 de Noviem- 
 bre de 1859 ; en cuya virtud el Senor Drake De 
 Kay puede entrar al ejercicio de sus funciones. 
 
 Dado en la ciudad de Mexico, firmado de mi 
 mano, autorizado con el sello de la nacion y refren- 
 dado por el Secretario de Estado y del Despacho 
 de Relaciones Exteriores, a veintiocho de Julio de 
 mil ochocientos setenta. 
 
 (Firmado) Benito Juarez. 
 
 (Firmado) S. Lerdo de Tejada, 
 
 Ministro de Relaciones Exteriores. 
 (Sello de la Nacion.) 
 
 En la manana del dia 28 de Octubre proximo 
 
pasado una partida de tropa, mandada de La Paz, 
 y acaudillada por D. Manuel Cobos, ciudadano del 
 Ecuador, y el contador de la Aduana de La Paz, 
 Francisco Espinosa y Gorostiza, han venido a este 
 puerto maritimo de la bahia de la Magdalena, y lo 
 han ocupado, atropellando mi autoridad, como ad- 
 ministradoj- interino y contador nato, que soy, 
 nombrado por el supremo gobierno de la capital de 
 Mejico. Como las aduanas maritimas estan sola- 
 mente sometidas al Ministerio de Hacienda, sus 
 ordenes las reciben por la tesoreria general de la 
 Nacion. En consecuencia, ninguna oficina tiene 
 ingerencia en ellas. Al cometer este acco atentato- 
 rio el C. Gorostiza, tuve presicion de ampararme, 
 con la oficina que es a mi cargo, de los pabellones 
 de los Estados Unidos de Norte America, y de la 
 Gran Bretana, puesto que ninguna otra autoridad 
 mejicana existia en el puerto que ocupaba mi ad- 
 ministracion, Este paso no fue bastante para con- 
 tener el atropellamiento que despues se cometio, 
 poraquel funcionario y sus complices Cobos, y Su- 
 sano Rosas, administrador del papel sellado de La 
 Paz, respecto al Consul de los Estados Unidos del 
 Norte y sus nacionales, residentes en aquel Puerto, 
 hasta el grado de haber tomado a viva fuerza, ha- 
 ciendo uso de las armas, a balazos, una goleta ame- 
 ricana llamada Cina Greenwood, sino que tambien a 
 bordo de la fragata inglesa Comadre, se cometio las 
 faltas de pasar, los sitados indiv^iduos y sus solda- 
 dos armados, para perseguir al Consul que tomo 
 asilo en la citada fragata. El Consul americano y 
 sus nacionales, en lo que han sido posible (sin que- 
 
89 
 
 rer por parte de ellos comprometer a ambas repuli- 
 cas), se han manejado perfectamente bien, y han 
 procurado ayudarme a poner a salvo mi persona e 
 intereses de la Nacion Mejicana. Pero como han 
 sido atropellados, personalmente, y sus pabellones 
 lo mismo, han elevado por los organos oficiales sus 
 reclamaciones contra estos atentados, al Ministro 
 de Estados Unidos de Norte America residente en 
 Mejico, quien la hara dando conocimiento al gabi- 
 iiete de Washington. Y como Vd. se encuentra 
 ejerciendo las funciones de ministro mejicano cerca 
 de ese gobierno he creido oportuno y necesario po- 
 nerlo al tanto de estos acontecimientos para que 
 pueda llevar a buen terreno esta cuestion interna- 
 cional, llegado el caso, no obstante que, me dirijo 
 a la capital de la republica, a dar cuenta de mis ac- 
 tos, ante el C. Ministro de Hacienda y Credito 
 Publico. 
 
 Esta ocasion me proporciona por la primera vez, 
 la de ofrecerme a sus ordenes. 
 
 Independencia y libertad. San Francisco, Cali- 
 fornia, Diciembre 6 de 1871. 
 
 (Firmado) Francisco Jimenez Menuizabal. 
 
 C. Ministro Mejicano, residente en Washington. 
 
 Aduana Maritima de la 
 
 Bahia de la Magdalena. 
 
 La Compania de la Baja California tiene pagados 
 (en oro) hasta esta fecha, novecientos noventa y 
 nueve pesos y setenta y dos centavos, por pilotaje, 
 anclaje, faro y toneladas, asi mismo, de varios dere- 
 
90 
 
 chos de efectos que ha importado; todos estos dere- 
 chos con arregJo al arancel de aduanas maritimas 
 vigente de la Republica Mejicana. ($999 72.) 
 Cayuco, Setiembre 30 de 1871 
 
 El Administrador Interino, 
 
 Francisco Jimenez Mendizabal. 
 
 Aduana Maritima de la \ 
 
 Bahia de la Magdalena. I 
 
 La Compania de Baja California tiene pagados 
 (en oro) a esta Aduana, la cant-idad de mil setecien- 
 tos setenta y cuatro pesos cuarenta y dos centavos; 
 esta suma es, por anclaje, pilotaje, faro y toneladas, 
 lo mismo que por varios derechos de efectos que 
 ha importado incluyendo en esta cantidad el valor 
 del papel sellado y correo; quedando por consi- 
 guiente hasta esta fecha, sin deuda alguna con la 
 Aduana, ($1,764 42.) 
 
 Bahia de Magdalena, Octubre 22 de 1871. 
 El Administrador Interino, 
 
 Francisco Jimenez: Mendizabal. 
 
LIBRARY OF CONGRESS 
 
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