[Translation.]
Mr. Romero to Mr.
Hunter
Mexican Legation in the United
States of America, Washington,
January 29, 1866.
Mr. Acting Secretary: Referring to my notes of
the 14th and 18th of November and the 28th of December last, to your
department, concerning the order issued by General McDowell on the 11th
of October previous, prohibiting the exportation of arms over the
southwestern border of the United States, I now have the honor to
transmit to you the copy of a note on this same subject, which I
received yesterday from Mr. Lerdo de Tejada, minister of foreign
relations of the Mexican republic, dated at El Paso del Norte, the 23d
of December last, with a copy annexed, expressing the views of the
Mexican government on the same subject.
Although the discussion caused by that order has been satisfactorily
settled by the revocation of the same, I think proper to send you, for
the information of the government of the United States, a copy of these
documents for the purpose of making the opinions of my government known
on that subject.
I take this occasion to renew, sir, the assurance of my distinguished
consideration.
Hon. William Hunter, &c., &c., &c.
No. 1.
[Translation.]
DEPARTMENT OF FOREIGN RELATIONS AND GOVERNMENT—AMERICAN
SECTION—No. 413.
Paso del Norte,
December 23, 1866.
I send you the copy of a note which I address to-day to the consul of
the republic in San Francisco, Upper California, in relation to the
order of the 11th of October previous, published
[Page 62]
in the papers of that city, issued by
General I. McDowell, commander of the department of California,
prohibiting the passage of armed forces, and arms and munitions, to
either of the belligerents, over the Arizona border, or through
Lower California, in Mexico.
For fear that you may not have received the consul’s communications
on the subject, I send you this copy to use as you please, to the
greatest advantage.
Accept my attentive consideration.
Citizen Matias Romero, Envoy Extraordinary and Minister Plenipotentiary of the
Mexican Republic in Washington.
No. 2.
[Translation.]
DEPARTMENT OF FOREIGN RELATIONS AND GOVERNMENT OFFICE
OF RELATIONS— AMERICAN SECTION—No. 67.
Paso del Norte,
December 23, 1865.
Prohibition to export arms from the
United States across the Arizona and southern California border
into Mexico.
I have received the duplicate of your note of the 20th October last,
with the eight enclosed copies, relating to the order issued by
General I. McDowell, commander of the department of California, on
the 11th of October, forbidding to send arms and munitions of war,
over the Arizona and California border, to either of the
belligerents in Mexico.
You have sent me copies of the correspondence on the subject between
you and General McDowell, who said he thought he was not authorized
to revoke or modify that order.
It seems that the laws of the United States on neutrality prohibit
the organization of armed expeditions within their borders for other
countries, but do not forbid the free trade in arms and ammunition,
or any other articles called contraband of war.
It seems, also, that the order of President Johnson repealing the
laws that prohibited the export of arms and ammunition was issued on
account of the civil war in the United States, and not because it
was considered as a duty of neutrality, for the laws do not oppose
the free trade in articles of war. If this is so, General McDowell’s
order would conform to the laws of the United States, so far as the
prohibition of the passage of armed forces over the border was
concerned; but it would not agree with President Johnson’s order,
which does not prohibit the crossing of arms and ammunition.
Moreover, neutrality would also comprehend arms and ammunition,
military transports, the repair of vessels and naval transports of
war, or any other articles or goods to be used as means of making
war.
The application of these principles of neutrality in the United
States, prohibiting the exportation of arms and ammunition not
needed by the French, but much needed by the republicans in Mexico,
has been very injurious to the republican cause in Mexico; but these
same principles of neutrality have not been applied to war
transports and repair of all kinds of vessels in the United States,
needed by the French, but not wanted by the republicans of
Mexico.
The citizen President is pleased with your conduct in this affair,
and I have only made these observations that you may communicate
them privately and confidentially to General McDowell, if you think
proper under the circumstances; but as you have communicated the
affair to the citizen minister plenipotentiary in Washington, he
will settle it in the most proper manner with that government.
I assure you of my attentive consideration.
LERDO DE TEJADA.
Citizen José M. Godoy,
Consul of the Mexican Republic in San
Francisco, Upper California.
A true copy:
JUAN VALDES, First
Officer.
