[With two enclosures.]

Mr. Bigelow to Mr. Seward

No. 66.]

Sir: I have received a “note verbale” from his excellency Drouyn de Lhuys, in reply to my note of the 9th instant, and in defence of the seizure of one hundred casks of powder in the gulf of La Paz, on board the United States schooner W. L. Richardson, by a French vessel-of-war. I enclose a copy and translation;

And am, sir, with great respect, your obedient servant,

JOHN BIGELOW.

Hon. William H. Seward, Secretary of State, &c., &c., &c.

Verbal note.

[Translation.]

The minister of foreign affairs has had the honor of receiving the note addressed to him by M. the chargé d’affaires of the United States, on the 9th instant, concerning one hundred casks of powder seized in the gulf of La Paz, on board of the United States schooner Wm. L. Richardson, by a vessel of the French division, on the Pacific station. The information received direct by the department of foreign affairs on this subject leaves no doubt that that seizure was made under the rule explained last year to Mr. Dayton, Circumstances were as follows:

A certain number of merchants at San Francisco had asked, through the medium of the legation of the United States, to be authorized to send every month to the ports of Chayatlan and La Paz powder destined for the working of the mines at Charique. Upon reflection the imperial government decided that it was the less disposed to depart from the rule, that so long as there is fighting going on at any point, it must consider any invoice of powder shipped to that point as essentially a contraband of war, inasmuch as it had ascertained that such operations had already been carried on for the benefit of its adversaries, from Mexican points on the Pacific coast. An answer to this effect was therefore returned to Mr. Dayton in May last by a verbal note, which is doubtless still to be found among the records of the legation.

The schooner Wm. L. Richardson having taken a cargo of powder to the port of La Paz, fell, necessarily, under the provisions of the rule recalled above, and there was all the less reason to depart from it, as reliable information had denounced this fresh invoice of powder to the French authorities as destined for the “guerillas” whom M. Veza was at the time endeavoring to raise in the States of Sonora and Sinaloa.