Mr. Romero to Mr. Seward
Legation of Mexico In The United
States Of America, New
York,
November 14, 1865.
Mr. Secretary: I have the honor of
transmitting a copy of a note from the consul of the Mexican
republic in San Francisco, dated on the 17th of October last, which
I received to-day, with the annexed documents.
It appears from these that General McDowell, commanding the military
department of California, issued a General Order, No. 17, on the
11th of last October, containing a declaration in regard to the
exportation of arms that will certainly cause a violation of the
neutrality the United States wishes to observe in the present war on
Mexican territory. The order is contrary to the laws of this
country, which allow the export of arms and munitions of war for
belligerent nations, when the United States are neutral; and you
sent me these laws in your communication of the 24th of November,
1862, in reply to mine of the same month, informing your department
that several French officers had visited New York and New Orleans
for the purpose of purchasing articles contraband of war for the
French army invading Mexico. And, moreover, I have no doubt that
these laws or declarations are the only ones now in force, as
applicable to the exportation of arms from this country to Mexico,
since the revocation of the order prohibiting the exportation of
arms from the United States; for Mr. Hunter, in charge of the
Department of State, told me so in the President’s name, in his note
of the 12th of May last.
Now, the instructions given by the Secretary of the Treasury, Mr.
Hamilton, the 4th of August, 1793, of which you sent me a copy with
your note before mentioned, authorize the exportation of those articles, and I understand exportation to mean sending out of the
country, whether by land or sea. So, if any distinction is made in
the interpretation of this law to the injury of Mexico, I sincerely
hope the government of the United States will remove it, so as to
preserve the bona fide neutrality it intends
to maintain in this war, of which the Mexican republic is now the
stage.
As General McDowell did not deem it proper to revoke his order on the
representations of the Mexican consul in San Francisco, I am
compelled to appeal to your excellency, and ask you to forward to
that general the necessary instructions for the preservation of the
neutrality proclaimed by his government in the department consigned
to his command.
This appeal to you is the more urgent, as the papers of to-day
publish a telegram, apparently from good authority, asserting that
the United States government will extend the effect of General
McDowell’s order, intended only for his department, along the entire
frontier.
I cannot for a moment believe that this is true; and I hope you will
enable me to give my government the necessary explanations to quiet
apprehension
[Page 708]
in this
particular, and not shake the confidence it has in the honest
intentions of the United States as a neutral.
I embrace this occasion of renewing to you, Mr. Secretary, the
assurances of my distinguished consideration.
Hon. William H. Seward, &c.
[Enclosure No. 1.]
Consulate of Mexico In San
Francisco, San
Francisco,
October 17,
1865.
Sir: After calling twice at General
McDowell’s office, I had the good fortune to meet him
yesterday.
I told him his order of the 11th instant, published with
evidences of displeasure in the city papers, had attracted my
attention; that the order disturbed (violated) the strict
neutrality proclaimed by the President of the United States
between belligerent parties in Mexico, as it favored the French,
now holding the Pacific ports.
General McDowell said, as he always has done, that he felt the
profoundest sympathy for Mexico; that he wanted the republic to
triumph in this struggle; but the neutrality laws compelled him
to act in the manner he did. He said I might complain to his
superior. I then told him I thought it best to apply to him
first, before writing a note about the affair, and learn the
reasons he had for issuing the order in question; and afterwards
I would appeal to General Halleck, his superior, as he advised
me.
In accordance with this understanding with General McDowell, who,
during our interview, was most polite and courteous, I addressed
him yesterday the note of which I send you a copy, and also a translation of the order referred
to; and I now await his reply to forward it to you.
I protest my esteem and distinguished consideration.
Citizen Matias Romero, Envoy Extraordinary and Minister
Plenipotentiary of Mexico in Washington,
[Enclosure No. 2.]
Consulate of Mexico In San
Francisco, San
Francisco,
October 16,
1865.
The undersigned, consul of the Mexican republic in this port, has
the honor of calling be attention of General Irvin McDowell,
commander-in-chief of the department of California, to his order
of the 11th instant, published in the papers of this city. By
that order the sending of arms and munitions of war into México
across the United States border is prohibited, in regard to the
neutrality towards the belligerents in Mexico.
As the exportation of arms is now allowed by the government in
Washington, that order seems to the undersigned to favor one of
the parties—namely, the French; for, as the ports on the Pacific
are held by the invader of Mexico, the constitutional
government, the only one recognized by the United States, has no
other way than the frontier, which is now closed. Thus, general,
the strict neutrality, so often announced by the government at
Washington, ceases; and the consequence is, the usurping party,
which the brave people of this great republic are endeavoring to
drive out, is favored.
The consul undersigned hopes General McDowell will please revoke
his order of the 11th instant, in conformity with the
declaration of the President of the United States, permitting
the export of arms and munitions of war. This is what the
undersigned told General McDowell in the interview to-day.
The undersigned assures General McDowell of his esteem and
distinguished consideration.
JOSÉ A. GODOY.
General Irvin McDowell, Commander-in-chief the Department of
California,
San
Francisco,
October 16, 1865.
A true copy:
[Page 709]
[Enclosure No. 3.]
California neutrality in
Mexican affairs.—A specimen of British neutrality on the
Pacific. —The United States authorities conniving at the
furnishing of arms to Maximilian.—They refuse to allow any
to pass the frontier to the liberal party,
&c.
[Our San Francisco
correspondence.]
San
Francisco,
October 13,
1865.
I have already informed you of some of the measures taken by the
liberalists of Mexico to supply themselves with arms from San
Francisco. It would seem that the proclamation of the withdrawal
of the prohibition of the shipment of arms to other countries by
the United States government was to be twisted, after all, so as
to mean really nothing, the benefits being all given to the
French, who are allowed to carry away what they please, while
the Mexicans are, as usual, to have no chance to help themselves
The western coast being in the hands of the French, of course no
more arms can be introduced by the Mexicans by water, and the
overland route was the only one left them. The presence of
Juarez at El Paso was favorable to their plan of introducing
arms through Arizona, but it would seem that the commander of
the department of California, to which the district of Arizona
is attached, has arrived at the conclusion that it is his duty
to interfere and negative the orders of the War Department, a
course of action highly beneficial to the French and ruinous to
the Mexicans. His order, which I have been permitted to copy
from the official document, is as follows:
[General Orders No. 17.]
Headquarters Department of
California,
San Francisco, California,
October 11, 1865.
It is made the duty of the officers commanding the districts of
Arizona and southern California—while keeping in view the recent
orders allowing the exportation of arms and munitions of war—to
instruct the commanders on the southern frontiers, within the
department, to take the necessary measures to preserve the
neutrality of the United States with respect to the parties
engaged in the existing war in Mexico, and to suffer no armed
parties to pass the frontier from the United States, or suffer any arms or munitions of war to be
sent over the frontier to either belligerent. This is
not to prevent individuals from passing with arms for their
personal protection.
By command of Major General McDowell.
R. C. DRUM, Assistant Adjutant
General.
The words of the order are copied verbatim, the italics only being mine.
It will be seen at once that this order strikes directly at
Juarez and at no me else. Maximilian
can, of course, get all the supplies he wants by sea, and we
have already had two of his ally’s war steamers (the French
frigate Victoire and armed steam transport Rhine) fitted up
and furnished throughout with everything required for
immediate service at the United States navy yard at Mare
island.
