[Extract.]

Mr. Otterbourg to Mr. Seward.

No. 8.]

Sir: General Porfirio Diaz’s secretary is here, authorized to enter into an arrangement with Marshal Bazaine which shall facilitate the occupation of Puebla and Mexico by the liberal forces. He offers guarantees for the life and property both of foreigners and Mexicans; assurance against persecution on account of political opinion and judgment, by any process except trial by law, according to the constitution of 1857. This officer mentioned to me this morning that he would await Bazaine’s decision until the 2d of next month. The marshal would readily come to an arrangement with General Diaz, but up to the present moment has done nothing, from the restraint imposed by Maximilian’s presence, who still retains the crown, under his compromise with the church party and motives of revenge against the French. The French, on their part, neglect no measure by which they hope to influence Maximilian’s abdication. To this end has been published a circular to the French military in the Mexican service, (Enclosure No. 1,) and the provisions of article 21 of the Code Napoleon, (Enclosure No. 2,) advising French subjects of the consequences to which service under a foreign flag exposes them. From good authority, however, I am informed, that instructions under date of January 10th were received from Paris not to coerce Maximilian in any manner, but to expedite as much as possible the evacuation of Mexican territory. My own opinion, as I have been led to form it, is that the archduke will, before the French abandon Mexico [Page 352] altogether, decide to leave the throne and the country. The intention is just now to withdraw the rear guard of the French army from the capital between the 4th and 6th of the next month, the circumstance of a kind of tacit armistice between the liberal and French forces being most favorable to that gradual retirement of the latter.

Great fear is entertained on account of the city in case that a peaceful occupation by the liberal troops can not be effected, and under the influence of this alarm French citizens are organizing and secretly arming themselves. I have invited the American residents here to the consulate, advising them not to join any organizations which might compromise their neutrality. All of them have registered their names and residences, in readiness to respond to my call in case of emergency. I can of course not decide to-day what measures events may compel me to take, in case the fears entertained should be verified. I will, under all conditions, endeavor to act with prudence, and at the same time be careful not to compromise the honor of our flag.

Enclosures Nos. 3 and 4 are an anonymous communication, and the remedy for the abuses complained of dictated by his Majesty the Emperor. They illustrate to the full extent the little real power exercised by Maximilian, and what change has been wrought in official administration by the imperial regime during four years of existence in Mexico.

* * * * * * * *

The forced loan imposed by the finance minister to the amount of $1,000,000, called for by the exigencies of the treasury, has produced the net result of $49,000.

I have the honor to be, very respectfully, your obedient servant,

MARCUS OTTERBOURG, U. S. Consul in charge of United States Legation.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Translation.]

Communications of Marshal Bazaine.

The journals of San Luis and Zacatecas bring us the following:

“EXPEDITIONARY CORPS OP MEXICO.—HEADQUARTERS DEPARTMENT OP THE STAFF, NO. 1354.—THIRD CABINET CIRCULAR TO ALL MEXICAN CORPS, RELATIVE TO THE MILITARY OF FRENCH NATIONALITY.—CIRCULAR.

“The marshal, commander-in-chief, has received from Paris a telegraphic despatch, dated 13th of the present month, according to which the intention of the French government is to make, not only the foreign legion, but also all the military of French nationality return to France, who having been before authorized to enlist in the service of the Mexican government, actually form a part of the different corps of the Mexican army. Notwithstanding, such of the military who have a knowledge of the foregoing disposition and may desire to continue in the service of Mexico, are authorized to do so, and to remain in consequence in the Mexican corps to which they actually pertain.

“As repects the French, whatever be their present rank in the Mexican army, officers, subalterns, or soldiers, who manifest a wish not to continue in the service of Mexico, those who are still connected with the French corps will be placed in the foreign legion, where they shall again obtain their former grades, and the others shall return to their native country at the expense of the French government.

“In consequence, in each Mexican corps a list will be made out of air the French who may serve in it, and this list will be remitted to the marshal commander-in-chief, upon each one of such military inscribing after his name the course he voluntarily takes, be it to remain or not in the Mexican service; the military who may adopt the first course shall join the nearest French detachment on the first secure occasion that offers.

“BAZAINE, “The Marshal Commander-in-chief.

“Copy:

A. De ASMONT, “The General-in-chief of the Department of Staff.
[Page 353]

“Expeditionary Corps of Mexico.–Headquarters department of the staff, No 1351– Third Cabinet.–Relative to the French military in the service of the Mexican army.

Dear General: A telegraphic despatch of the 13th instant, which I have just received from Paris, informs me that it is the intention of the French government to cause not only the foreign legion, but likewise all the military of French nationality to return to France, who, having been authorized to enlist in the service of the Mexican government, actually form a part of the corps of the Mexican army; nevertheless, those who with a knowledge of the foregoing may desire to continue in the service of Mexico are authorized to do so, and to remain therein in their actual position.

“In compliance with this order of my government, I give immediate instructions to the battalions of chasseurs and the companies of gendarmes, in order that the French military, be their grade what it may, may adopt the course which suits them, and in order that those who desire to follow the French flag may do so without delay on addressing themselves to the French garrisons. I notify, at the same time, his excellency the minister of war of Mexico, of the means which I take respecting this measure. But independently of the corps of chasseurs and gendarmes, which contain the majority of the French engaged in the Mexican service, there exist moreover in the Mexican army French subalterns employed as officers, and a certain number of soldiers, likewise French, who accompany the former as orderlies.

“It is equally necessary that these two classes of military, of whose actual position to some extent I am ignorant, be advised of the intentions of the French government, and be enabled to join the expeditionary corps if they desire it.

“I request you to contribute to this object by prescribing to the commanders of the corps under your orders, to communicate to all the French of whatever grade the accompanying circular, designed to acquaint them with the state of matters which I have just set forth; and exact the determination which they shall adopt.

“I implore you furthermore, to give your orders to the effect that each chief shall remit me a list of all the French who serve in his corps, noting after each name whether the individual decides to serve or not in the Mexican army. Those who determine to follow the French flag will take the shortest road to Queretaro, and will continue to advise me of their being on the way.

“All these measures are indispensable on account of the report which I have to make to my government.

“Dear general, I hope with due appreciation of the urgent and indispensable nature of these measures, you will contribute to their execution in the most prompt and efficacious manner.

“Accept, dear general, the assurances of my high consideration.

“BAZAINE,” “The Marshal in Chief.

“General Mejia,Commander of the Third Corps, San Luis Potosi.

[Untitled]

The marshal reminds the French in Mexico of the provisions of the 21st article of the Code Napoleon, conceived in the following terms:

“The Frenchman who without authority of the government enters foreign military service, or connects himself with a foreign military organization, shall lose his character as a Frenchman. He shall not return to France without permission of the government, or regain his status as a Frenchman, except on compliance with the conditions imposed on strangers becoming citizens; all without exemption from the penalties declared by the criminal law against Frenchmen who have borne or may bear arms against their native country.”

[From the Diario del Imperio.—Translation.]

Liquidation of the bills of the civil list.

An anonymous document has been circulated in this capital, in which are published different complaints of the failure of payment to various creditors of the civil list.

The impression was presented to his Majesty by a person of the imperial house, and its contents have caused him the greatest surprise and disgust, for which his Majesty ordered immediately that a commission should be charged with the liquidation of the outstanding debts, and enter into an investigation of the conduct of the persons intrusted with the administration of the business of the imperial house.

[Page 354]

The Emperor of has placed at the disposal of the commission all his plate, that with its products they may pay the debts of the civil list, whose estimate the state, on account of its circumstances, has not been able to cover. Besides, his Majesty has provided that if this measure be not sufficient to meet the debt pending, his private property shall be disposed of to the extent necessary, in order that all creditors might be paid, since his Majesty does not wish to avoid any sacrifice in favor of the parties alluded to in the complaint.

The commission, by order of his Majesty, is actually engaged in the fulfilment of the generous determination of the Emperor, as well for effecting the payment as for investigating all kinds of abuses committed at any time and by any class of persons.

The anonymous communication to which we refer is inserted as follows by mandate of his Majesty:

One proof more of the little confidence which exists among themselves.

“It has reached our knowledge that drafts upon the custom-house of Vera Cruz were given to several of our poor citizens; not only were they compelled to disburse from their own capital to obtain the drafts—for instance he to whom $800 were due had to deliver into the intendency $200, and received in paper (bad) an order for $1,000, so that we did not know a good method, not only of not paying what one owes, (notice to speculators in your neighbor’s property,) but of getting money out of one’s creditors. Have you ever seen justice in equity? A private individual, never mind what he be, draws or accepts a draft on maturity which if not paid is protested, and the tribunals compel him to make payment, selling for the poor devil who falls into their clutches all perhaps that constitutes his fortune. But how two weights and two measures? Does the intendent of the civil list not know this principle of sound and good morality? Does the Emperor know nothing of this? Is he ignorant, perchance, that money is due to a multitude of persons of all classes who have served him, some with their liberal professions, others with the sweat of their brow, and in short even to the poor Indian, vender of fowls, butter, fruit and vegetables?

“Hundreds of people can prove it. How is it that the Emperor is so badly served and his orders disobeyed, when the signature of the under secretary is attached to the bills? How do they in the custom-house at Vera Cruz, which is in the hands of (Messrs.) the French, refuse to and discredit a government they pretend to sustain? As we above said, they are discredited among themselves as the wolf and the lamb.

“Let him who can, understand. Nor is this all. These unhappy creditors are received by these despots in the most brutal manner; deceived and insulted as it is not possible to be believed of persons unworthy of these offices of trust.

“Who knows but what the heart of the unhappy artisan, who suffers such insults, be more gentle and patriotic than is believed of him? All these men raised one universal cry, for in the gloomiest period of the nation the journeyman has been always paid, whose labor is the only honest means of living for himself, and for many poor beings who surround the upright artisan. We await the result, and if this has no effect we shall enter into particulars, which will not do much honor to the imperial house.”

[From the Diario del Imperio.—Translation.]

Sale.

By order of his Majesty the Emperor, there will take place on the 29th, 30th, and 31 st of the present month the sale of several carriages, horses, mules, and other articles appertaining to the service of the court.

Persons interested in purchasing can apply to the subscribers, in charge of the sale.

The objects can be seen, in the palace at Mexico, every day from 8 o’clock in the morning until 4 in the afternoon, on application to the porter of the palace.

PEDRO C. NEGRETE.

COL. SHAFFER, Commandant Pradillo.