Mr. Seward to Mr.
Dayton
No. 525.]
Department of State,
Washington,
April 7, 1864.
Sir: I have received your despatch of March 25,
No. 442, which informs me of the completion of the loan to the Grand
Duke Maximilian, and of his anticipated embarcation for Mexico. In order
that you may understand the condition of affairs in that country, as
fully as they are understood here, I have given you a copy of a
communication which has lately been received from our consul at
Matamoras.
I give you also, for your information, a copy of a note which has been
received from Mr. Geofroy on the subject of the protection which was
extended to the consul at that place by Major General Heron, and of my
answer to that paper. This correspondence embraces some other incidental
subjects. It is proper to say that Mr. Geofroy proposes to communicate
to me a statement of another distinct subject of complaint, in regard to
proceedings on the frontier, under instructions from Mr. Drouyn de
Lhuys, and that I have engaged to bestow due consideration upon it.
I send you a copy of a resolution which passed the House of
Representatives on the 4th instant, by a unanimous vote, and which
declares the opposition of that body to a recognition of a monarchy in
Mexico. Mr. Geofroy has lost no time in asking for an explanation of
this proceeding.
It is hardly necessary, after what I have heretofore written with perfect
candor for the information of France, to say that this resolution truly
interprets the unanimous sentiment of the people of the United States in
regard to Mexico. It is, however, another and distinct question, whether
the United States would
[Page 357]
think
it necessary or proper to express themselves in the form adopted by the
House of Representatives at this time. This is a practical and purely
executive question, and the decision of it constitutionally belongs, not
to the House of Representatives, nor even to Congress, but to the
President of the United States. You will, of course, take notice that
the declaration made by the House of Representatives is in the form of a
joint resolution, which, before it can ac quire the character of a
legislative act, must receive first the concurrence of the Senate, and,
secondly, the approval of the President of the United States; or in case
of his dissent, the renewed assent of both houses of Congress, to be
expressed by a majority of two-thirds of each body. While the President
receives the declaration of the House of Representatives with the
profound respect to which it is entitled, as an expression of its
sentiments upon a grave and important subject, he directs that you
inform the government of France that he does not at present contemplate
any departure from the policy which this government has hitherto pursued
in regard to the war which exists between France and Mexico. It is
hardly necessary to say that the proceeding of the House of
Representatives was adopted upon suggestions arising within itself, and
not upon any communication of the executive department, and that the
French government would be seasonably apprised of any change of policy
upon this subject which the President might at any future time think it
proper to adopt.
I am, sir, your obedient servant,
William L. Dayton, Esq., &c., &c., &c.
Accompaniments:
Mr. Geofroy to Mr. Seward, April 3, 1864.
Mr. Seward to Mr. Geofroy, April 6, 1864.
Resolutions of House of Representatives, April 4, 1864.
[Translation.]
Mr. Geofroy to Mr.
Seward.
Legation of France to the United
States,
Washington,
April 3, 1864.
Sir: As I have had the honor to inform you,
I have transmitted to my government the documents which your
excellency submitted to me, on the subject of the affair at
Matamoras. The documents can scarcely have reached Paris at this
moment.
While awaiting the answer they will occasion, I this morning received
a second despatch from Mr. Drouyn de Lhuys, pointing to new facts on
which I shall have the honor to confer with your excellency on the
earliest day my health will permit me to go out; but there is a
point which seems to be of importance to bring immediately to your
notice. It would appear that on the news of the events of the month
of January last, General Bazaine took the measures necessary to
protect, in the direction of Matamoras, the Mexican territory
against any further invasion. Whatever may be the opinion we may
form upon past events, you will comprehend, sir, how necessary it
is, to avoid all complication in the future, that General Banks, and
the officers serving under his orders, may be again called to the
strict observance of the instructions given the 23d November, 1863,
from your excellency’s department.
I should not, either, leave you in ignorance that the French troops
must also have been directed to Sonora, where, according to reports,
more or less founded, a very considerable number of emigrants from
California must lately have disembarked at Guaymas, and have
established themselves in the country in virtue of grants which were
made to them by the ex-President, Juarez.
[Page 358]
The mission of our forces is to prevent, in Sonora, all these;
takings of illicit possession, if they be really attempted; and, in
any case, the lawfulness of concessions which shall have emanated
from Juarez will never be admitted. Your excellency will probably
judge proper to make this known to American citizens who might allow
themselves to be drawn into such speculations.
I seize this occasion to renew to your excellency the assurances of
my high consideration.
Hon. William H. Seward, &c., &c., &c.
Mr. Seward to Mr. Geofroy
Department of State,
Washington,
April 6, 1864.
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 Mr. Drouyn de Lhuys,
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 con cede, 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 faith ful 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 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 disposed to allow themselves to be drawn into
such speculations.
While I appreciate the frankness and the good will which the
Emperor’s government manifest in thus communicating its views and
purposes on the subject mentioned, it nevertheless remains my duty
to say that this government
[Page 359]
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 tor 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 premature to
attempt now to decide upon the validity of such claims.
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
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.
