Mr. Seward to Mr. Geofroy
Sir: I have the honor to acknowledge the receipt of your note of the 3d instant, in which you inform me that you have received a second despatch from M. Drouyn de l’Huys, pointing to new facts in relation, as I am left to infer, to the proceedings which took place at Matamoras in the case of Mr. Pierce, the consul at that place, and which have been made the subject of recent correspondence, on your part, with this department. I shall with pleasure receive the promised information when the state of your health shall be such as to enable you to visit me, and I sincerely regret the cause by which such a visit is delayed. Since my last note to you on the Matamoras affair was written, I have learned that General Cortinas, with his forces, is certainly adhering to the government of the United States of Mexico. In view of this fact, it is not now apparent to this government that France—being in our view only a belligerent in Mexico, and having no forces at or near Matamoras when the transaction in regard to the consul occurred there—can reasonably expect explanations concerning it from the United States.
You inform me in the note now before me that, on hearing of that transaction in January last, General Bazaine took the measures necessary to protect the Mexican territory in the direction of Matamoras against any further invasion; and you suggest that, in consequence of that proceeding, Major General Banks, and the officers serving under his orders, may be again called to a strict observance of the instructions which I gave to that general on the 23d of November last. Passing over the words “further invasion” as an accidental assumption of a fact which this government has not conceded, and is not yet prepared to concede, I have had no hesitation in informing Major General Banks of the purpose of General Bazaine, and enjoining the United States general to a strict and faithful observance of the instructions of November, which require him to forbear from any form of intervention in the war between France and Mexico.
You also inform me in your last-mentioned note that French forces have been directed towards Sonora, and you bring to my knowledge rumors that a very considerable number of emigrants from California have lately disembarked at Guaymas, and have established themselves in the country in virtue of grants [Page 213] which were made to them, by President Juarez, whom you describe as ex-President; you further state that the mission of the French forces is to prevent, in Sonora, the taking possession of estates under such grants, the lawfulness of which, you say, will never, be admitted; and you suggest to me the expediency of making this information known to American citizens who might be destined to allow themselves to be drawn into such speculations.
While I appreciate the frankness and the good will which the Emperor’s government manifests in thus communicating its views and purposes on the subject mentioned, it nevertheless remains my duty to say that this government has long recognized, and still does continue to recognize, the constitutional government of the United States of Mexico as the sovereign authority in that country, and the President, Benito Juarez, as its chief. This government, at the same time, equally recognizes the condition of war existing in Mexico between that country and France. We maintain absolute neutrality between the belligerents, and we do not assume to judge, much less to judge in advance, of the effect of the war upon titles or estates. We have no knowledge of such an emigration from California to Sonora as you have described in your note; but if such an emigration has taken place, those persons who thus emigrate will of course be regarded as subjecting themselves to the authority and laws by which the rights of citizens of Mexico are governed; and while it seems unnecessary for the President to assume that such emigrants will claim the protection of this government for any estates of whatever kind they may attain or attempt to attain in Mexico, it would certainly be presumptuous to attempt now to decide upon the validity of such claim.
Peaceful emigration from the United States is entirely free from restraint or influence of the government. Emigrants themselves are generally well informed concerning their rights. Under these circumstances, any interference of the government concerning such emigration would be as inexpedient as it would be without precedent. The case would be different if the act of emigration was attended with preparations and purposes hostile to Mexico, or to either belligerent party, or to any other nation, and therefore incompatible with the laws of the United States or with the law of nations. It is believed that the government of the United States has already sufficiently indicated the views it must take in such a case if it should occur, which, however, there seems no immediate reason to apprehend.
Accept, sir, the renewed assurance of my high consideration.
Mr. L. de Geofroy, &c., &c., &c.