The San Francisco Call. Newspaper, October 21, 1898, Page 1

Call to be the Li “This Paper not ’ taken from brary.» t¢¢ VOLUM SAN FRANCISCO, FRIDAY, OCTOBER 21, 1898. DO THE PEOPLE OF SAN FRANCISCO WANT BARCLAY HENLEY, AN ALIEN OF MEXICO, FOR THEIR DISTRICT ATTORNEY? PPPPOPOPROPPIOOOEPPOPPPIPSOP0060606060 PRICE FIVE CENTS. 0090000000000 000000000000000000000900909000900006000600005 z;\gfg; g S2XRERETEEEE S g @gog22;3:3:::::::::::::00000000000000000@0000000000000000@00000006600000000000000«9@0000000009000009000006@60@0:: Is Barclay Henley a citizen of the United States or is he an alien who has no country and who has renounced alle- 3 ¢t giance to the land that gave him birth? In 1864, fearing arrest at the hands of the Federal authorities, he went to Mexico, :: :* which country was then under the rule of Emperor Maximilian, where he renounced allegiance to the Government of the :: . United States and became a naturalized citizen of Mexico. He has never renounced his Mexican citizenship and has never :: o > = 3 3 : 3 : s . . o :: legally announced his intention of again becoming a citizen of the United States. He is now a candidate for the office of :: ;2 District Attorney of the City and County of San Francisco on the Democratic ticket, having been nominated for that position :: X by Mayor Phelan’s self-appointed convention of one hundred job-chasers. 3 :::\Aa, ® 6 0000 PPPPVOIVO 2000 PPCEOOODOPVP000009000000008028000008600060800800000606066060 0606000666660 000060006000006006000066606060000060606000°° “4’;~!~§;-;€':z:ég:é:fi\zioeo0éé-®@évi@@@é’@é@é»"@@@@@000@@@00000000690'-\0000006000000000000 o000 Oe 2P0 900000000000V 000PDP0099000000000060000000*® B e R e o sem e 000000000000000000000000C000000000000 ke €0 know Whether Wi arw expoct | the 60, £ bave sl fhotn ps of immigrating from bis natv lund and of briging bis family and (;r p, :(nf :]:c;r:lei \Sn:ix; . | “1' “?li’\?; 1;1":.;‘1;“%3“)4;"%:?&{ l;l: :::”G,;n:nm:;f,a;:’:i:anioam;’::‘coun;; of America Mlfi offers g EVEHYWH[HE enship has been Sakea ber b‘;a::m‘lhiori‘-?rléa:afieggnceurmfs; the greatest advantages and most guarantee to an enterprising and © | e \r‘irsr, \‘;?fl::um;;fi;.’ : sppmi e '"";“;::;“i‘j hard-working colonist. But the undersigned, having all of his prop-~.© given an Now that Mayor P aminer, twin models hed for the high p 1 worth of thet ct Attor to the public at this m ca so that every ity to form a | tion of the | s of the Civil War | laration concerning with the Confederacy the attention of the | tary authorities of this | se officials could take e action concerning the ent to Mexico. Ar- addressed the following , the original of which is still | ne official archives at the | City of Mexico, to Emperor Maximilian, ‘ then the ruling sovercign of Mexico: PETITION. The undersigned, Barclay Henley, a native of Charleston, Indiana, United States of America, has the honor of very respectfully stating to your imperial Majesty that, having | come here with the idea of immigrat- ing from his native country and bringing his family and his fortune, | he has become convinced that, under | the auspices of the new government | Mexico is the country of America that offers the greatest advantages and most guarantees to an enterpris- | ing and hard-working colonist. But the undersigned having all of his| property in California is under the necessity of returning there in order to bring his family and to turn into cash his movable and immovable property, and then, owing to the| strong animosities which have been occasioned by the civil war between the partisans of the North and those | of the Bouth, he fears that on ac-| count of his Southern opinions that, as an American citizen, he will meet, | on the part of the authorities of Cali- fornia, with more or less obstacles to bis immigration, which his character | as a Mexican subject will place him beyond their precautions. The undersigned, therefore, takes the liberty of very respectfully solic- iting from your imperial Majesty to grant him naturalization papers by virtue of the power vested in your Majesty, and as you have deigned to do with other foreigners. Hoping that this petition will be | favorably received the undersigned has the honor, sire, of remaining, | with the most profound respect, your imperial Majesty’s very humble and most obedient servant, (Signed) BARCLAY HENLEY, Tturbide Hotel, Room 43. To the Emperor. Attached to the petition is the follow- 1 ing certificat “We, the rsigned, are acquainted | with Mr. B: y Henley, an American citizen, and know that he conducts him- | | self well and lives hone and for the uses which may be necessary, we sign this paper In Mexico on the 24th of De- Signed.) ANO DEGALLODA, W, LD, “FRANCISCO MULLINS, t it be issued. December 24, 1864." ster of State and Foreign returned Mr. Henley’s petition lowing indorsement: Henley, whose petition to Excellency is pleased to | to me, marked with the number | presented himself to the | r to flll the requisites of force relating to naturali- | cember, 1884 ( N g the law zation papers That he did comply with the requi- sites of the law is shown by the fol- lowing: M XICO, December 24, 1864. ; I ninclose herewith to your Excellency, the papers which H. M. the Emperor has been pleased to grant in favor of Mr. | Barclay Henley, 5o that you may deliver | them to said gentleman when he calls | for them at your office. If the said party has already called and left his address your Excellency may please forward to | him the said documents wherever he may | Dbe: but if he has not given his address, you will forward the same to the Political Prefect of San Blas, where the interested party is to go.” Mr. Henley, having left the City of Mexico before receiving his naturali- | papers, and feeling that as a citizen of [ A | friendship which I have reason to be- Prefect of sald port, who shall ob- in corresponding receipt to be transmit- to your Excellency in due time “ertifled to by Mariano Romero, Su- perior Political Prefect, District of Guanajuato.” Having received his naturalization Mexico he had nothing to fear from the civil and military authorities of Cali- fornia, Mr. Henley returned to this State. His arrtval here, however, was quickly noted, and the following letter was addressed to him by Provost Mar- shal General John F. Mason: Office A. A. Provost Marshal General of | California and Nevada Ter., San| Francisco, C: ruari‘ 7, 1865, Mr. Barclay Henley—Sir: It is reported that you are here as an agent or repre- sentative In some form of Dr. Wm. M. Gwin, formerly U. 5. Senator from this State. Major General McDowell requests | me to ask you If this is so, or if it is not | true. 1 have the honor to be, very re- spectfully, your obedient servant. | J. F. MASON, | Brig. Gen. Vols. and A. A. P. M. G. Cal. | and Nevada. | Officlal: JOHN GREEN, Capt. and A-| € . War Department, June 22, 1865. (Certified.) A true copy, JOHN TWEEDALE, Chief lerk. lerk. To this Mr. Henley made the follow- ing reply, being careful, as will be noted, to announce his Mexican citizen- ship and claim the protection . due a subject of a foreign power: S. F., Cal, Feb. 7, 18%. John F. Mason, A. A. Provost Marshal General—General: In response to your communication bearing the date of the 6th inst., inquiring of me whether I am or am not ‘‘an agent of representative in some form of Dr. Wm. M. Gwin, formerly U. 8. Senator from this State,” I have the onor to state briefly my true position in reference thereto: Some months ago I was employed by some gentlemen (whose names will be given upon request) to proceed to the City of Mexico for the purpose of obtain- ing from the government a grant of land somewhere in Northern Mexico, with a view of engaging in the cultivation of cotton, tobacco, etc. On my arrival in conformity with my Instructions, I sub- mitted the papers and business generally to Mr. Gwin, by whose opinion I had been previcusly told to be governed, it having been understood that he (Gwin) would be found in this city. Mr. Gwin promptly informed me that a grant of land of this character could not be obtained and it would be useless for me to apply for it, saying, however, that small grants of land, in the shape of pre-emption claims, somewhat like the American pre-emption plan of gfving land to @ could be obtalned. win, in conjunction with the Mar- de Montholo the French Embassa- in Mexico, also gave me some other in relation to the contem- occupation of Northern al settlers, qu promise of permanent nt {n that country. These assurances, together with the natural inaucements held out by the country, induced me to take up my abode there, in pursuance of which I applied to the Mexican Gov- ernment for letters of naturalization, which were duly issued to me, the evidence of which fact is now in the hands of the French Consul of this city, to whom you are hereby re- | ferred. In justice to the gentlemen who sent | me to Mexlco, and in order that they might be placed in full possession of the facts, and also to arra nd close up my own private af ifornia and have ma gentlemen. 1 see no reason why mark here, as is due to the friend pe: turned to Cal- ny report to these I should not re- candor, that I am of Mr. Gwin, a sonall; lieve is reciprocated, and I would not hes- | itate to aid him in any honorable, lawful and legitimate er prise in which he | may be engaged. These being our rela. tions on leaving Mexi ir. Gwi quested of me that whilé on my v this country and engaged in the se ment of my own business affairs, I would furnish to those desiring it such informa- tion in reference to the French occupa- tion of Northern Mexico as I had from | intercourse with himself and M. Montho- lon possessed myself of, and in this cop- nection I have sometimes said, and per haps writtten, that 1 was sent here by Dr. Gwin, intending thereby only to con- vey the idea that whatever information 1 gave was obtained from sources en- titling it to credit—that is to say, from himself or the French Minister. As before remarked, 1 came here from Mexico to seitle up my private affairs, reparatory to leaving, and incidentally ave, upon all proper occasion, endeav- ored 'to give all who come to See me or have written me such information in ref- erence to the soll, climate, commercial advantages, government, etc., as the dat. with which I have been provided wil able me to do. The business that brotm.at me here is about concluded, and 1 shall be ready to return by the next steamer. I have not come here to engage myself in anything improper, unlawful or fnimical in any degree to this Government. I have had and have now no secrets and am ready at all times and have been to teil the military authorities of this coast everything that I know in reference to the matters or reports that I presume provoked your communication of yester- day. I havle l;he honor, ‘-n:méi'vtn ‘be very respectfully your obedient servant, = ;3 %ARCLAY HENLEY. This letter is now a part of the officlal g me of French protec- | i ™ m'zln"‘”f“ o & P N V.3 f fi‘\\\‘“\b\\\\\\\\ i i w 73 BARCLAY HENLEY, THE EXAMINER'S precautions. signed to do for other foreigners. respect, your imperial Majesty’s servant. 0900000000000 0000000000VOOO0O000000000 “SWORD OF DAMOCLES,” BOWS TO MAXIMILIAN I, erty in California, is under the necessity of returning thera in order to bring his family and to turn into cash his movable and immovable property, and then owing to the strong animosities which have been occasioned by the civil war between the partisans of the North and of the South, he fears on account of his Southern opinions that, as an American citizen, he will meet, on the part of the authorities of California, with more or less obstacles to his immigration which his character as a Mexican subject would place him beyond their The undersigned therefore takes the liberty of very respectfully soliciting from your imperial Majesty to grant him naturalization papers by virtue of the power vested in you and as you have de- Hoping that this petition will be favorably received the under- signed has the honor, sire, of remaining, with the most profound 0000000000060000OOOOOOOOOOOOOQODQOO | very humble and most obedient BARCLAY HENLEY. 000000000000000000000000 records In the office of the Secretary of ‘War at Washington, D. C. It may be that Mr. Henley will claim that by the provisions of the treaty of 1868 between the United States and Mexico he was absolved from his alle- glance to Mexico. The treaty reads: “Article IV. If a citizen of the United States naturalized in Mexico renews his residenceship in the United States without intent to return to Mexico he shall be held to have renounced his naturalization in Mexico. Reciprocally, if a citizen of Mexico paturalized in the United States renews his residence in Mexico without intent to return to the United States he shall have renounced his naturalization- ship in the United States. The intent not to return may be heid to exist when the Person naturalized in one country resides n the other country more than two years, but this presumption may be rebutted by evidence to the contrary.” In the same year a treaty was nego- tiated between the United States and Bavaria. Because of some doubt'as to the meaning of the terms, the follow- ing protocol was added: The citizen naturalized abroad must first apply to be received back into his original country in the man- ner prescribed by its laws and regu- lations, and must acquire citizenship anew, exactly as any other alien. Mr. Henl.s 1s not a naturalized citi- zen of the United States. The decision Of the Supreme Court in 1821 in the case of Captain Clayton, an Amerfcan citizen who had taken the oath of allegiance to a revolutionafy government at Buenos . Ayres, Chief Justice Marshall said: The individual who divests him- self of the obligation of a citizen loses the rights which are connected with those obligations. He becomes an alien. His lands, if he has any, are escheatable. He cannot recover those rights by residence, but must go through the process which the law prescribes for the naturalization of an alien. This being so, it would appear to the lay mind that Mr. Henley is not now a citizen of the United States, and that he has no right to vote or hold office or to enjoy any of the rights and liberties that are the exclusive privileges of the subjects of this free country. The following from the News Letter of August 15, 1885, referring to the sub- ject of Mr. Henley’s citizenship, may not prove uninteresting: He was known to be unpopular with his neighbors and for very ob- vious reasons. He was unneighborly, a land-grabber, a filcher of Indian soil, a trafficker in the spoils that are always to be found around “poor Lo’s” reservation, on the border of which he lived; an aider and abettor of Maximilian’s ill-starred effort to throttle republican tiberty over a large section of this continent dedi- cated to the Monroe doctrine; a dis- gruntled, unappeased and disloyal American who has never been recon- structed and has never accepted the inevitable, but is secretly to-day as much an imperialist as when he fled to Mexico sympathizing with Maxi- milian’s usurpation, eschewed the | broad aegis of American freedom, forsook his Americanship and grov- eled in the dirt and begged and be- seeched to be allowed the poor priv- ilege of wearing the servile livery of the direst and darkest monarchy that foreign coin and mercenary arms have ever attempted to foist upon any portion of the free soil of this liberty- loving continent. Such was and is Barclay Henley. And this 1s the man that the Exam- iner refers to as the “Sword of Damocles”—the man whose candidacy is “bringing fear to the heart of every wrongdoer” within the confines of the city of San Francisco. This “‘sword of Damocles” is the same man who fled to Mexico during the hour of his na- tion’s peril; who swore alleglance to a forelgn power in order to escape ar- rest upon his return to his own coun- try; who Las never renounced his al- legiance to that foreign power, al- though he has for years been enjoying the fruits of the libery that was bought by the blood of the heroes whom he de- spised and reviled; who has sought and is seeking office at the hands of citizens whose claim to citizenship is as clear as their love for thelir country is strong s It may be that the good Republicans and good Democrats of this city who have watched the brave boys of the gallant First California Volunteers march away to fight a foreign foe will vote for this man who fled across the border when men were needed to fight the nation’s battles. Perhaps the Grand Army veterans whose empty sleeves ! otic ad and bent forms testify to the part they took in the struggle to maintain the na- tion’s integrity will vote for Mr. Henley. This is the man Mayor Phelan has se- lected to administer the laws of the loyal State of California to the good cit- izens of San Francisco. The choice is worthy of the man who made it. The A. B. Treadwell Club. There was a large and enthuslastic meeting held at Scottish Hall last night on the occasion of the first meeting of the ‘Western Addition A. B. Treadwell Club. Thomas Coleman, president of the club, introduced Judge Willlam Caldwell as chairman of the meeting. After a review of the achievements of the Republican party in the recent troub- lous times, Judge Caldwell introduced County Clerk Curry as the first speaker of the evening. Mr. Curry explained that he was not present to further his iInterests as candi- date for Secretary of State but to let the people of the city know that he wanted A. B. Treadwell upon the Police bench. He made some very pointed remarks about a man who, while occuxyln a high position, tore u{ tracks in order t cor- orations might not have to pay for pav- i sge"l‘(:hdwell the nominee for Poli Judge ‘and the guest of the Qvlninffl .3 f an the next speaker. He thanked his friends for the demonstration in his behal d ledged himself, If elected, to temper judgment with marcg‘ He also paid a igh compliment to the rest of the nomi- nees on the local Republican ticket. _ The Treadwell quartet, composed of Miss_Annie Jensen, May Griffin, Charles eréd a very catchy ditty, en re gmmm Sal AJtler ‘r'hlch M. 5 ones, James Nealon onel John Roberts Qelivered patri- pa an |52 Nevada County Greets Standard-Bearer. ROUSING MEETINGS HELD MANY FRIENDS GAINED BY THE REPUBLICAN - STALWARTS. The Coming Governor Is Aided by Mr. Neff and General Barnes in His Campaizn of Truth and Victory. B Spectal Dispatch to The Call. NEVADA CITY, Oct. 20.—When Henry T. Gage, Jacob H. Neff and General W. H. L. Barnes sought their respective rooms at Auburn last night for a few hours’ rest the cheering Republicans continued the great Placer County demonstration. While waiting for out- g8oing trains the bands played and the young people danced on the platform at the Freeman Hotel. At daylight this morning the Repub- lican standard-bearer, accompanied by Mr. Neff and General Barnes, boarded the train for Colfax, connecting there with the narrow-gauge train for Grass Valley and Nevada City. In anticipa- tion of the early arrival of the distin- guished party a large throng of citi- zens assembled at the Nevada City depot. Among those to greet the stand- ard-bearer were Sherman Marsh (chair- man of the Republican Committee), B. N. Shoecraft, Frank Wadsworth, Morgan, J. C. Dean and Henry Lane. The speakers were escorted to the N&- tional Exchange Hotel, where they met many of the people of Nevada County. In homnor of the arrival of Mr. Gage a Governor's salute of seventeen guns was fired. The daylight meeting in the theater of Nevada City this afterncon was an- other remarkable demonstration, match- ing in point of public interest and Re- publican enthusiasm the great daylight rallies which rendered the towns of the San Joaquin Valley so memorable. The spacious theater was crowded to its ut- most capacity at 2 p. m., the hour ap- pointed for the speaking. A procession was formed at the hotel, and, headed by Goyne’s band, the col- umn of cheering Republicans marched to the meeting place. The vast audi- ence was called to order by Sherman Marsh, who introduced ex-Senator E. M. Preston as the presiding officer of the occasion. Mr. Marsh named the following vice presidents: M. L. Marsh, Charles E. Mulloy, N. P: Brown, W. T. Monk, Thomas Daniels, W. E. Meser- vey, R. C. Walrath, David Richards, Dr. R. M. Huat, J. S. Gregory, Richard Plummer, Rev. J. Sims, P. G. Scadden, L J. Rolfe, J. S. McBride, Joseph O'Con- nell, Fred Zeitler, J. C. Rich, F. L. Cooper, Ed J. Baker, Charles Guenther, J. C. Dean, J. 8. Goodwin, A. Folene, J. M. Buffington, B. N. Shoecraft, D. E. Morgan, E. A. Tompkins, H. K. Shockiey, A. Tam, J. J. Hanley, John Evans, A. B. Wolf, B. F. Snell, Judge Walling, George Nihill, John Watters, John T. Reddenick, John Caldwell, Judge F. S. Nilon and A. C. Cooper. Mr. Preston, in accepting ‘he duties of presiding officer, made, a brief speech, in which he mentioned a political speech recently made by Governor Budd in San Francisco in which the Governor said: ‘“We are now lined up against the common enemy.” Mr. Preston asked: “To whom does the Governor refer when he gpeaks of the common enemy? The Republican acknowledges no enemy but the enemies of our flag and the enemlies of prosperity. The Re- publican party has no uncompromising way of dealing with its enemies, as we will again demonstrate on the Sth of November.” (Great cheers.) Jacob Neff, Republican nominee for Lieutenant Governor, was the first speaker introduced. He received a tre- mendous ovation from the audience. In a few words he thanked the people for the cordial greeting. As at Auburn last night he resented the attacks Maguire on the integrity and inteMi- gence of the Republican State conven- tion. He predicted a triumph for the Republican party and assured the peo- that an honest administration of