Mr. Seward to Mr. Bigelow

No. 43.]

Sir: I transmit a copy of a despatch, and of its accompaniments, of the 22d of November last, addressed to this department by F. B. Elmer, esq., United States consul at La Paz, in Mexico, relative to the removal of powder from the United States schooner William L. Richards on, while on a voyage from San Francisco to the mouth of the Colorado river, by the commander of the French war steamer Diamant. The powder referred to is shown by the papers to have been consigned to Paul Heller, at Tucson, in Arizona Territory, and is alleged to have been intended for mining purposes in that Territory.

The belligerent right of the French to prevent contraband of war from reaching Mexican territory during the existence of hostilities in that country may be conceded. That right, however, cannot be allowed to interfere with perfect free trade in all commodities between ports of the United States. You will consequently present this case to Mr. Drouyn de Lhuys, and in your note upon the subject you will say that, if the facts should, upon investigation, turn out to be as set forth in the papers, the value of the powder, and such other reparation as the case may call for, will be expected by this government.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

John Bigelow, Esq., &c., &c., &c.