Mr. Otterbourg to Mr. F. W. Seward

No. 36.]

Sir: Since the occupation of this capital, embraced in the military division under his command, General Porfirio Diaz has administered affairs with moderation and prudence. His acts, in expectation of the President and his cabinet, who are announced to arrive tomorrow, have been confined chiefly to the preservation of order and the acquirement of means for the support of his army, which stood greatly in need of everything necessary to the soldier.

[Page 435]

The payment of a voluntary loan, furnished through my intervention, to meet the most pressing wants of the army, as communicated to the department in despatch No. 35, has been, I am enabled to say, provided for in a manner satisfactory to the contributors.

A general and deep anxiety has displaced the excitement consequent on the trial and execution of Maximilian, and the impression caused by the news of this tragic event in the United States is eagerly looked for. The disquietude proceeds from a persuasion that Mexico, while not satisfactorily assured of the course which the United States might pursue, cannot be secure from an intervention of the combined European powers, whose attempts to revenge Maximilian’s death she does not fear, provided her powerful neighbor and sister republic lends them no support by her countenance or action.

To my doubts as to the propriety, in a political point of view, of Maximilian’s execution, the authorities, by whom the opinion had been elicited, responded that, on mature deliberation, the government had refused, from reasons of policy, to pardon the archduke and remand him to Austria, for the conservative, imperial party were giving, in their speeches and writings, every evidence of a determination never during that prince’s life to cease from advocating his claims to the crown of Mexico, and from disturbing the quiet of the country by agitating his return.

The minor press, before the reappearance of periodicals of tone and standing, indulged in intemperate remarks upon the theme of Minister Campbell’s letter relating to the same all-absorbing subject. Their articles, addressed to sustain the enthusiasm and action of the party which claims to have freed their native land from a foreign invasion, have been disavowed and rebuked by all reflecting and respectable liberals.

The Austrians who, in compliance with the terms of a convention (enclosure No. 1) with General Diaz, locked themselves in the palace on the night of the 20th June, were, to the number of 700, sent under escort to Puebla. It has been communicated to me by letter since their departure that the conditions entered into have not been fulfilled by the Mexican officers charged to place them in Vera Cruz. In other respects the foreign prisoners have been shown every kindness and consideration by those to whom their safety and conveyance were committed; and I do not doubt that every stipulation will be strictly complied with, to the satisfaction of all parties to the convention.

The French minister has been making preparations to leave the country, accompanied by other European representatives, and, designing to take with him, at the expense of his government, all French subjects who might be desirous of abandoning Mexico, applied to General Diaz to provide the due security on the roads. The government at San Luis replied, as I learn, to General Diaz’s inquiry upon this application, that the matter would be determined on its arrival at the capital. In a conversation with me upon the subject, General Diaz expressed his regrets that the application had been made to him, since he never, in the absence of orders to that effect, would interpose any obstacles to Mr. Dano’s departure, but that, as the reference had been made to the government, he was desirous that Mr. Dano would save him the odium of executing the orders to detain him, should he carry out his intention of leaving the city.

On account of a difficulty with a French subject, the same minister had been likewise detained under writ from a minor judge, and summoned to appear in court. On my opinion, expressed to the political chief, Mr. Baz, that Mr. Dano, according to the letter and spirit of the law of nations, enjoyed, until he reasonably departed from Mexican soil, the immunities of an envoy and minister, that authority caused the suspension of all legal proceedings commenced with the design of gratifying personal animosities and of extorting money.

In enclosures Nos. 2, 3, will be seen the result of my representation to the political chief of injuries to the American cemetery, during the siege, by the [Page 436] fire directed against the city from the liberal camp. The repairs are to be made at the expense of the authorities, prompted by a spirit of friendship towards the United States.

General Vidaurri was this morning taken from his place of concealment, and, in accordance with the law condemning those who neglected to present themselves, was shot this afternoon at 4 o’clock. The general-in-chief, deeply moved at the necessity of executing this sentence upon General Vidaurri, has granted an additional term of twenty-six hours to those who shall present themselves and abide a trial by law. The execution of Vidaurri has caused a sensible impression in the community, to which may be attributed the resolution, conveyed to me from the highest sources, not to carry into effect the law which subjects to trial military and political prisoners, with the exception of a few marked individuals. Neither will the confiscation act—enclosure No. 4—be rigorously enforced, if any of its provisions be applied to exceptional cases.

The 4th of July was celebrated at this consulate in the midst of a large assemblage of American citizens. General Felix Diaz, brother of the general-in-chief, lent the band of music for the occasion; and the enclosure No. 5, though unimportant, shows the spirit manifested by the authorities.

Inquiries respecting Mr. Dougall have been set on foot, and their success shall be duly reported to the department.

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

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

Hon. F. W. Seward, Assistant Secretary of State, Washington, D. C.

[Translation.]

Baron Von Lago to Count Kherenhueller.

In reply to your honored letter of the 17th instant, I inform you, and through yon all the officers of Austrian nationality, officially, of the following final conditions set down by General Porfirio Diaz:

1. The ground basis of the present negotiation is that the Austrians abstain at once from every further participation in any hostilities against the republican army,

2. If they will leave the city by the 21st instant in the morning and present themselves on this side, General Porfirio Diaz guarantees to them all transportation at the expense of the republican government, and under safe conduct (for their personal protection) to Vera Cruz. He also guarantees to them their personal property. The officers will be permitted to retain their sidearms and private horses; all other weapons and horses must, however, be left with the general-in-chief.

3. If they allow the above period to pass without taking advantage of these concessions, but, having complied with the ground basis of section 1, assemble in the palace and raise the white flag near some permanently located camp, General Porfirio Diaz guarantees to them, in case of the taking of Mexico, only their lives, and the republican government will provide for the rest.

4. Individuals who, in one of the previous cases, desire to continue in the country, will receive from General Porfirio Diaz the desired guarantee of their persons and private property.

5. The circumstance that some individuals who are on duty at a distance cannot be informed in time will be taken into consideration until the morning of the 21st instant only. Later than that, the conditions set down in section 3 for those who may withdraw to the palace will apply to them.

6. The conditions set down for Austrians apply also to all others serving under their command not Mexicans. In regard to the Mexicans serving under them, General Porfirio Diaz cannot anticipate the decision of the republican government by accepting conditions which would constrain its final determination.

7. General Porfirio Diaz desires in your own interest that in case of your departure from Mexico you would inform him of that intention in time, in order to be able to aid your coming over in every way.

In doing myself the honor to bring the foregoing to your knowledge, I await your final [Page 437] decision and answer by the bearer of this official communication, and deem it my duty-insisting still on all the points of my official letter of the 16th instant—to add that his majesty the emperor Maximilian explained to me repeatedly at Queretaro that General Marquez was the greatest traitor.



[l. s.] BARON VON LAGO, Royal Imperial Chargé d’ Affaires, Royal Imperial Austrian Mission.

His Excellency Colonel Count Kherenhueller, In Mexico,

P.S.—A Spanish translation of the above points is in the hands of General Porfirio Diaz.

[Translation.]

Señor Baz to Mr. Otterbourg

By express order from headquarters I have the honor to declare to you that, although in the belief that there is no obligation to indemnify the injuries caused in this city by the fire upon it during the late siege, be who he may the person who has suffered thereby, nevertheless, and merely as a proof of the sympathy which the Mexican government entertains for the people of the United States and whatever pertains to them, the citizen general-in-chief of the army of the east has thought proper to accord that you have the goodness to direct the injuries caused thereby in the American cemetery to be repaired, and remit to this office the bill of expenses for immediate payment.

Independence and liberty!

JUAN J. BAZ.

The Consul of the United States of America.

Mr. Otterbourg to Señor Baz

I have the honor to acknowledge the receipt of the communication in which you inform me that the general-in-chief of the army of the east has thought proper to accord that I direct the injuries done to the American cemetery, by the fire upon the city during the late siege, to be repaired, and remit the account of expenses to the office of the political chief.

In reply, I beg to say that I shall with pleasure report to my government this prompt action in the matter on the part of the general-in-chief of the army of the east, and that the spirit which dictated this measure of reparation is duly recognized; in response to which the repairs at the cemetery shall beat once commenced, and the bill remitted for just payment to the office designated in your note.

MARCUS OTTERROURG, United States Consul,

Juan José Baz, Political Chief Capital of Mexico.

[Translation.]

Señor Baz to Mr. Otterbourg

By your note of to-day I have learned that you will tomorrow hoist your flag over the consulate, in celebration of the anniversary of the independence of the United States of America.

This office, in view of the good relations which Mexico entertains with that republic, has thought well to direct that, in celebration of that event, the national flag be hoisted on the public buildings of this capital; which I have the honor to say to you for your intelligence and in due reply to your note.

Independence and liberty!

JUAN J. BAZ.

The Consul of the United States of America.

[Page 438]

Mr. Otterbourg to Señor Baz

The consul of the United States has the honor to notify Señor Baz, political chief, that he will, as is customary, hoist his flag over this consulate tomorrow, the ninety-first anniversary of the Declaration of Independence of the United States of America.

MARCUS OTTERBOURG, United States Consul.

Juan J. Baz, Political Chief, Mexico.