Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
Mr. Romero to Mr. Seward
Mr. Secretary: Referring to the note which I had the honor to address you on the 14th instant, in relation to General McDowell’s order of the 11th of October last, prohibiting the exportation of arms over the California frontier, contrary to the laws of this country, I now find occasion to remit to your department the copy of a note I have just received from the Mexican consul in San Fran cisco, with six accompanying documents, that your department may take them into consideration while arriving at a determination upon the subject, agreeably to the request contained in my note of the 14th instant.
I avail myself, with pleasure, of this occasion to tender to you, Mr. Secretary, the assurances of my most distinguished consideration.
Hon. William H. Seward, &c., Washington, D. C.
[Enclosure No. 1.]
Sir: I have the honor of sending you copies of the notes, from 1 to 6, written to me by General McDowell, commander of the department of California, in answer to one from me, of which I sent you notice, and my last, informing him that I bad notified my government and your legation.
From the documents I enclose you will perceive that the order of the President of the United States prohibiting the exportation of arms and munitions of war has been disregarded by the subordinate authorities, to the incalculable injury of our cause.
Is it showing impartiality to belligerents when one is permitted to import all necessaries, by land or sea, and the other denied importations, even by land, the only way they can get them? The French, having possession of all the Mexican ports, can introduce arms, or whatever they please; we are denied the privilege of carrying arms across the frontier, to repel the invaders of our country.
As you are accredited to the government of the United States, you will act as you may deem it proper in this matter and to the greatest advantage to the holy cause which we defend.
Receive, sir, the assurances of my high consideration.
Citizen Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of Mexico in Washington.
[Enclosure No. 2.]
Consul Godoy to General McDowell.
The undersigned, consul of the republic of Mexico at this port, has the honor to call the attention of General Irvin McDowell, military commander of the department of California, to the effect of the General Order issued by him on the 11th instant, which has been published in the city papers. The object of the order referred to is to prevent arms and munitions of war being sent through the United States frontier, in fulfilment, as it is expressed, of the duties of a neutral power towards the two parties that are now waging the war in Mexico.
As the government of Washington has permitted by official decree the exportation of arms, the undersigned begs to say that the order referred to, if carried out by General McDowell, must evidently work in favor of one of the two belligerents—that is to say, in favor of the French; for as the Mexican ports on the Pacific coast have been taken possession of by the latter, it closes the only channel through which the constitutional government of Mexico, the only one recognized by the United States, can now get arms.
Thus, general, the strict neutrality proclaimed by the government of Washington on different occasions ceases, and the usurping party, which the noble people of this great republic have no sympathy for, is directly favored.
The undersigned would suggest that General McDowell might withdraw his order of the 11th instant, if he thinks he could be justified in so doing, conforming to the decree of the President of the United States, which permits the exportation of arms and munitions of war.
At the interview he had with General McDowell the undersigned expressed the hope that his observations would be duly taken into consideration.
The undersigned protests to General McDowell the assurances of his most distinguished consideration.
General McDowell, Commander Department of California, San Francisco.
San Francisco, October 20, 1865.
A true copy:
[Enclosure No. 3.]
Sir: I have the honor to acknowledge the receipt of your note of yesterday, calling my attention to the effect of my General Order of the 11th instant with respect to the neutrality to be observed towards the two parties at war with each other in the republic of Mexico, and prohibiting the passage of arms and munitions of war across the frontier of the belligerents.
You conceive this order to be at variance with the orders from Washington, allowing the export of arms and munitions of war, and the effect of it to be advantageous to the French for the reason that they have possession of all the ports, and the Mexicans have no other channel by which to obtain arms than over the frontier, which channel this order now closes to them.
It is undoubtedly true that the possession of the seaports gives the French great advantage in the war; but this is a misfortune for Mexico for which the United States are not responsible, and it certainly could not justify them in sanctioning the use of their territory and frontier for the benefit of the Mexican government in a contest in which they have declared themselves neutral.
As it may be inferred from the tenor of your letter that you suppose that, under the order permitting arms to be exported from the United States, they could be sent to the French at any of the Mexican ports now in their possession, thus placing them on a more favored footing than the Mexicans, I beg to enclose you copies of my correspondence with the collector, by which you will see that it is not only by land that arms and munitions of war are not allowed to go to the seat of war, but by water as well; and that, so far as the United States authorities are concerned, the French in the seaports will be treated the same as the Mexicans on the frontier.
I regret deeply, señor consul, that any official act of mine should be thought by you or any one to work harm to your country, for which I have so warm a sympathy, and it is with real pain that I have to say that I do not feel that I would be justified in withdrawing the order of which you. complain.
I have the honor to be, señor consul, with great respect, your most obedient servant,
Señor J. A. Godoy. Mexican Consul, San Francisco, California.
San Francisc October 20, 1865.
A true copy:
[Enclosure No. 4.]
Sir: I beg to ask if you would consider it your duty, under existing instructions, to permit arms and munitions of war to leave this port for a port of the republic of Mexico, such port being in the possession of the French forces, and you knowing that the arms and munitions of war were for the use of those forces in the existing war with Mexico, the United States being at peace with both belligerents.
Would you please let me know what has been your official action with respect to the neutrality of the United States in the existing war of the French against Mexico.
I have the honor to be, very respectfully, your most obedient servant,
Charles James, Esq., Collector of the Port of San Francisco, California.
San Francisco, October 20, 1865.
A true copy:
[Enclosure No. 5.]
General: In the case put in your note of this date, in respect to the shipment of arms and munitions of war to Mexico, I should refuse clearance, and submit the case to the Secretary of the Treasury.
I enclose copies of two orders, dated respectively the 15th and 26th ultimo, which indicate the policy which I have deemed it my duty to pursue in respect to the subject of your inquiries.
With great respect, your most obedient servant,
CHARLES JAMES, Collector.
Irvin McDowell, Major General, Commanding Department.
Washington, November 18, 1865.
A true copy:
IGNO. MARISCAL, Secretary.
Francisco, October 20, 1865.
A true copy:
[Enclosure No. 6.]
Sir: I have information that a vessel will leave this port to-night with arms and munitions of war, in violation of the act of Congress of April 20, 1818. The vessel is described as a small coaster—name not reported. You will take an advantageous position, and bring to and search any suspected vessel, and if you find any arms and munitions of war on board detain her and report.
Respectfully,
CHARLES JAMES, Collecor.
Lieutenant H. H. Andrews, Commanding Revenue Cutter Shubrick.
San Francisco, October 20, 1865.
A true copy:
[Enclosure No. 7.]
Sir: You will be vigilant, and see that no warlike expedition or vessels laden with arms and munitions of war leave this port in violation of the neutrality law.
Respectfully,
CHARLES JAMES, Collector.
Lieutenant G. W. Moore, Commanding Revenue Gutter J. Lane.
San Francisco, October 20, 1865.
A true copy:
[Enclosure No. 8.—Translation.]
The undersigned, consul of the Mexican republic in this port, has the honor of acknowledging the receipt of General Irvin McDowell’s note of yesterday, with the accompanying documents.
He thinks proper to lay his correspondence with the commanding general of the department of California before his government and the minister plenipotentiary of Mexico in Washington, that both may know how to act in the case.
[Page 713]Before closing this note, the undersigned believes it his duty to inform General McDowell that he has never doubted for a moment his sympathy for the republic of Mexico, and for which he is thankful, as he told him at the interview on the 16th instant. The request for the repeal of the order of the 11th of this month was made because he believed it prejudicial to the national cause in Mexico.
The undersigned protests to General Irvin McDowell the assurances of his distinguished consideration.
General Irvin Mcdowell, Commander of the Department of California, in San Francis
San Francisco, October 20, 1865.
A true copy:
[Enclosure No. 9.]
The outrageous order issued by General McDowell, cutting off the last hope of the Mexican liberals for obtaining arms from this side of the continent, a copy of which I sent you last week, has called out a correspondence between Consul Godoy and General McDowell, copies and translations of which I enclose. What adds to the hardship of the case, although it does not appear on the face of the documents, is the fact that the arms which were to leave by the schooner referred to by Collector James were intended to be landed at a point on the lower coast not occupied by the French, and were for Mexican use, as the collector knew, so that his seeming impartiality is verily all on one side. You will see from the reading of this correspondence that the removal of the restriction on the exportation of arms has been practically nullified by the War Department as represented on this coast.