Mr. Otterbourg to Mr. Seward
No. 7.]
Legation of the United States,
City of Mexico,
August 21, 1867.
Sir: I have the honor to transmit herewith a
representation in behalf of General O’Horan, enclosure No. 1, addressed
officially to the President of the republic of Mexico, and presented
personally by me, accompanied by General Porfirio Diaz.
The motives for ray intercession are fully explained in that
representation, to which, as will be seen by a copy of the reply,
enclosure No. 2, the President did not find himself at liberty to
accede. I trust that the department, on reference to former despatches
mentioning General O’Horan’s good offices exercised to the advantage of
Americans, will approve of my course in this instance.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
P. S.—General O’Horan was executed this morning at 6 o’clock.
M. O.
[Untitled]
To his Excellency the President of the republic of
Mexico:
While the undersigned is persuaded that a representative of the
United States should not interfere in the internal affairs of the
country to which he is accredited, and that he should by no means
exercise an influence through which the decision of the laws might
be averted, he fears that by silence he would prove false to a
sentiment which, though its expression shall prove ineffectual, must
still be respected by his Excellency the President and government of
Mexico.
When, some six years ago, the undersigned was sent as consul to the
city of Mexico, his government confided to him the flag of the
United States, secure in the belief that it would be preserved from
insult by the constitutional government of Mexico and its agents.
During the contest of that government with a foreign intervention,
the flag was kept in the city of Mexico; but when, during the reign
of terror that preceded the liberation of this capital, the
undersigned found himself helpless to shield the banner of the
United States from insult, he applied to the general-in-chief of the
army of the republic, then besieging the city, and received the
gratifying assurance that in the event of an outrage upon the flag
of the United States, General Porfirio Diaz would hasten to the
defence of the United States consulate and property of the American
legation. Such protection would have proved a remedy, but could not
have secured the flag from insult. Responsible to the government and
people of the United States for the preservation of the flag from
insult, the undersigned sought to know from General O’Horan, then
political prefect of the city of Mexico, whether he would prevent an
indignity to the United States should the military power attempt to
carry into effect their threats of interference with the liberties
and rights of the American population and their representative
there.
There exists in the archives of this legation a reply in every
respect similar to the assurance which had been verbally given from
the general-in-chief of the army of the east. If the undersigned
attached greater interest to the assurance of the political prefect,
it was to be
[Page 451]
attributed to
the reflection that the general-in-chief could have arrived in time
only to chastise the offence, while the political prefect, who
exercised an authority not recognized by the government of the
United States, was ready and pledged to prevent the menaced
insult.
In view of these facts, from which it is undeniable that General
O’Horan has, by an open manifestation of his readiness to protect
their flag from outrage and insult, rendered a high service to the
government and people of the United States, the undersigned is
called upon by every sentiment of honor and gratitude as a gentleman
and an official to intercede for the life of General O’Horan, and to
implore the exercise of executive clemency, the right of which the
constitution of Mexico, for wise purposes of state, bestows upon the
President of the republic.
Neither will his Excellency the President, nor the people of Mexico,
misinterpret the intercession of the undersigned did he declare that
he would indeed neglect to represent the spirit of gratitude
entertained by the American people were he to remain silent on this
solemn occasion, when there is a quest on of the life of the man who
was ready to shed his blood in defence of the honor of their
country’s flag, and of the lives and property of their
fellow-citizens.
The undersigned expresses the earnest hope that the foregoing
representation in its words and meaning may meet the approval of his
Excellency the President, so that he may grant the petition of the
undersigned, who avails himself of this opportunity to express to
his Excellency the assurances of his profound respect and
esteem.
[Translation.]
Señor Lerdo de Tejada to
Mr. Otterbourg
Department of Relations,
Mexico,
August 20, 1868.
Sir: The President of the republic has
charged me to address you this communication relative to the
petition which you presented this afternoon, with the object of
obtaining the pardon of D. Thomas O’Horan, condemned to death by a
council of war.
Before you presented to the President your petition the pardon sought
by other persons had been already denied, in view of serious
considerations for not being able to concede it.
In fact, several grave circumstances concur wherefore the government
does not believe it possible to grant a pardon; and if it had
believed it possible, it would have regarded as one of the motives
most worthy of attention for the concession the interposition of
your good offices, for it will be always gratifying to the
government to take advantage of occasions of demonstrating its just
consideration for the representative of the United States.
Be pleased to accept the assurance of the highest consideration, with
which I am, your very respectful and obedient servant,
His Excellency Marcus Otterbourg,
Mexico.
