Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Fortieth Congress, Part II

Mr. Plumb to Mr. Seward

No. 28.]

Legation of the United States, City of Mexico, November 4, 1867.

Sir: A general order commuting the sentences heretofore promulgated against those who have taken part in the late so-called imperial regime, has just been issued by the minister of war, by direction of the President of the republic, and was published in the official paper of the 2d instant.

I enclose a copy and translation herewith.

By the terms of this general order, the penalties now remaining imposed for connection with or participation in the late foreign invasion and attempted overthrow of republican institutions and establishment of a monarchy in this country are as follows:

1. Banishment, subject to trial whenever returning.

2. Banishment, not to return except with previous permission of the government.

3. Imprisonment for classified terms of two, three, and four years.

4. Restriction of residence to such places as may be designated within the republic, for classified terms of two and four years.

5. Subjection to the vigilance of the authorities, for classified terms of two, three, and four years.

6. Simple expulsion from the territory of the republic for all foreigners under the grade of general

To the first penalty, of banishment, subject to trial if they return, there are liable only the ministers and acting secretaries of state who signed the decree of October 3d, 1865, (which condemned to death within twenty-four hours all who continued to defend republican institutions,) the regents and the presidents of the council of ministers; say, in all, some fifteen persons in number.

To the second penalty of banishment, not to return except with previous permission of the government, are subject the ministers of state and under secretaries who have acted at any time as ministers, and those who served as ministers plenipotentiary and special agents abroad.

Of this class there may be in all twenty-five.

The third penalty of imprisonment is imposed:

1. The highest term of four years solely upon generals who have rendered active service in that rank.

2. The term of three years solely upon those who have acted as imperial commissaries, and under secretaries of state not having served as ministers.

3. The term of two years solely upon those who have acted as president of court-martial. Of this class there may be fifty in all.

The fourth penalty, of restriction of residence to such places as may be designated within the republic, is imposed as follows:

1. The highest term of four years upon generals who have rendered only passive service, and upon colonels who have rendered active service.

2. The term of two years upon those who have served as councillors of state and political prefects.

Of this class I am informed there will not exceed one hundred and fifty in all.

There are therefore only about two hundred and fifty persons in all subject to the preceding penalties.

The fifth penalty, of subjection to the vigilance of the authorities, is imposed:

1. For the term of four years, at such place as may be designated, upon those who have rendered passive service holding the rank of colonel.

2. For the term of three years upon lieutenant colonels and majors.

3. For the term of two years upon captains, lieutenants and second lieutenants, and finally upon all persons, not previously named, who have in any manner served the so-called imperial government.

The sixth and final penalty of simple expulsion from the territory of the republic is imposed upon all foreigners without distinction of grade (except that of general, but one only being classed in that grade, Señor Salm Salm) who have been in the military service of the so-called empire.

All foreigners, therefore, who have been held as prisoners since the termination of the war, for their service under the so-called empire, are now, with the single exception of the general named above, at liberty to leave the country.

With regard to the penalty of confiscation, which in addition to personal liability has heretofore been imposed, I am assured by Mr. Lerdo de Tejada that it has now in principle been abandoned by the government, there remaining only certain cases in which it may yet be partially enforced, but in the nature of a fine.

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

E. L. PLUMB.

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

General Amnesty Order.

[Translation.]

DEPARTMENT OF WAR AND MARINE—SECTION FIRST.

The citizen President of the republic, in use of the extraordinary powers with which he is invested, has been pleased to commute the personal penalties to which those have been condemned who served the so-called imperial government in the civil and military branches, as follows:

1. Those who served with the rank of generals will suffer the penalty of four years imprisonment at such place as may be designated. Those of equal rank who were only waiting orders, or that the service rendered by them was passive service, will suffer the same term of restriction of residence.

2. Those who served with arms with the rank of colonels, four years of restriction of residence at such places as may be designated; and those of the same rank who rendered only passive service, or were waiting orders, the same term subject to the vigilance of the authorities at such place as may be designated.

3. Lieutenant colonels and majors, whether of infantry or of cavalry, will remain for three years under the vigilance of the authorities, and captains, lieutenants, and second lieutenants, for two years.

4. Foreigners who as generals lent their services to the so-called empire will suffer the same penalty as that imposed upon native citizens of the same rank. All other foreigners, without distinction of rank, including privates, will leave the republic.

5. The ministers and under secretaries who signed the decree of October 3, 1865; the regents and presidents of the council of ministers will be exiled, and shall be subject to trial whenever they return. The ministers and under secretaries who officiated at any time as ministers, ministers plenipotentiary, and special agents abroad, shall also leave the national territory, and shall not return except with the previous permission of the government.

The under secretaries who have not officiated as ministers, and the imperial commissaries will suffer the penalty of three years’ imprisonment.

6. Those who acted as presidents of courts-martial will suffer two years’ imprisonment.

7. The councillors of state and political prefects will remain confined for two years to such places as may be designated.

8. All other individuals not comprehended in the preceding articles, and who in any manner have served the so-called imperial government, will remain for two years subject to the vigilance of the authorities.

This disposition does not include those whose trials are pending, nor those who having been sentenced, have obtained a commutation of the penalty; but will include all other individuals who served under the so-called empire; notwithstanding there may not have been any disposition made regarding them.

Those to whom the government has already assigned a more favorable penalty will remain subject only to that.

I communicate the same to you for due compliance.

Independence and Liberty! Mexico, October 31, 1867.

MEJIA.

The Commanding Officer at ———.