Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Fortieth Congress
Mr. Romero to Mr. Seward
My Dear Sir: I have the honor to send you, for your information, a copy of the official report which General Corona, chief of the army of the west, of the Mexican republic, made to his government on the 2d of February last, communicating the taking of the city of Colima, capital of the State of the same name, which has placed at the disposal of the national government of Mexico another important state and some war material.
I am, sir, your very obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
[Extract from the News Bulletin of the western army, Colima, February 5, 1867.]
On the morning of the 31st of January last, I joined the citizen General Amado Antonio Guardarrama, chief of the united brigades of Jalisco and Colima, at a place called Alcaraces, seven leagues from this city, and on the evening of the same day reached the principal entrance of the city; then, acting in combination with the citizen General Julio Garcia, who held the western portion of the town with the cavalry under his command, I proceeded to place my forces in a line parallel to the fortified radius of its circumvallation. At seven o’clock on the morning of the 1st instant I ordered a surrender, when General Felipe N. Chacon, the chief in command, proposed a parley for an. arrangement of terms.
In the mean time, I made known to the besieged that I would only suspend my firing in front, and continue the mining I had begun early, to bring me nearer the perimeter of the fortified city.
The day was passed in parley, fixing the terms of surrender, which were, that I should occupy the place at noon next day with the troops I had brought for that purpose; and I did so.
From the communications I have the honor to enclose in copy, numbered from one to six, you will learn the tenor of the correspondence that took place previous to the surrender of the place; and if it appears that I made more concessions than necessary, considering the superiority of my forces, I had two reasons for it: first, I wanted to gain time for the expedition into the interior, and I have already advanced citizen General Marquez, with the vanguard of the division; and second, I wanted to utilize the elements of war contained in this city, and leave those in Manzanillo for future emergencies, and in both cases to act with honor to the republican arms and to the glory of the nation. While the enemy was evacuating the city, an unpleasant incident disturbed the order of proceedings: The three hundred men that were to occupy the garrison, on defiling in front of the fort, began to shout viva la republica, and were fired upon by the enemy. The result of this disturbance was four killed in the fort, and one on our side, a young lieutenant named Juan Nepomuceno Suro, belonging to my staff, who had advanced to restore order.
On account of that grievous occurrence, only General Chacon and a few of his officers were allowed to leave. I then deemed it my duty to escort them as far as Lagos, as I had agreed to do; and now the legitimate authority of the republican government is re established in the state.
On that occasion 932 men remained in my power. I found 263 muskets in the garrison, nine field pieces and one siege gun, and all the provisions and war material given below.
In my operations for circumvallating the fortified line of the city, I must mention the following losses: Citizen Jose Diaz Vivar, second captain of artillery, killed; Crescendo Aguilar, ensign: citizen Juan Ortiz, corporal; and three soldiers—Nicolas Escamilla, Rafael Munguia, and Ignacio Benancio. My wounded were citizens Enrique Aragon and Jose Maria Rodrigues, both artillery lieutenants; ensign citizen Rafael Villaseñor; citizens Vicente Rivera, Manuel Gusman, and Ines Gonzales, second sergeants; corporal of cornets, citizen Dolores Hernandez, and citizen soldiers Geronimo Garcia, Juan Bueno, Francisco Güizar, Antonio Lopez, and Celso Vazquez. All the citizens, chiefs, and officers belonging to the army that I have the honor to command, and who took part in the operations I have just detailed, did their duty.
Please have the kindness, citizen minister, to communicate this report to the President of the republic, and congratulate him in the name of the army of the west and its general-in-chief on the victory in this city yesterday, gained by the national arms, thus closing the war against the foreign invaders of this state, which they compelled us to prosecute.
The Citizen Minister of War and Marine, at San Luis Potosi.
No. 1.
Citizen General: In respect to humanity, I address you the following: All resistance on your part, since I have reached the city gates, would only increase the number of victims, already too many, that have been sacrificed in the most unjust of causes.
Reflect upon it well, and accept the liberty I give you to choose either a foreign pass for yourself and all your chiefs and officers, or a safe conduct, with an escort, to present yourself to the citizen President of the republic. Life is guaranteed to the troops up to the rank of sergeant.
It is now 7 o’clock in the morning, and I will suspend hostilities till noon, to await your answer.
General Felipe Chacon, Colima.
No. 2.
General: In reply to your note of this date, I agree with you that it is best not to increase the number of victims in this war that divides the country, and I propose an armistice till commissioners may arrange terms of capitulation, assuring you all I ask is respect to the military honor of this garrison. As a proof of my honorable intentions, I send two copies of proposals for an amicable arrangement.
General Ramon Corona, Colima.
No. 3.
I have just received your despatch of to-day, and a copy of one addressed to me at Gaudalajara, on the 21st ultimo. I send Lieutenant Colonel Bibiano Hernandez and Mr. Augustin Caravantes to treat with you about the first.
I have ordered hostilities to cease on the line of communication with the city, expecting you to do the same along your entire fortified line.
General Felipe N. Chacon, Colima.
No. 4.
General: Instructed by your despatch of to-day of the deference you have paid to mine of the same date, I learn that, to treat of the affair to which the said note refers, you have named on your part Lieutenant Colonel Bibiano Hernandez and Licenciado Augustin Caravantes; in virtue whereof, and considering that you have ordered firing to cease till I on my part fix the hour for suspension, I must say to you that it will be at 4 o’clock this evening, expecting you will do the same, according to the laws of war, and suspend at the same time all work upon the line, as well as prevent any advance of your troops from their present positions, and I will do the same.
General Ramon Corona, Present.
No. 5.
General: I acknowledge the receipt of your despatch of to-day, written at three-quarters after two o’clock this afternoon.
The same citizen commissioners return near you from these headquarters to treat with you, and citizen Ignacio M. Escudero, the quartermaster in the army under my command, accompanies them. The present serves as a credential that accredits the official character of all, and authorizes them to fix the terms of the surrender of the troops that you have under your command, for which they carry instructions serving for a basis of the conditions laid down in my first communication of this morning, reserving to myself the right to approve what is agreed upon.
I have already given the command necessary for the complete suspension of firing along the entire line of circumvallation.
General Felipe N. Chacon, Present.
No. 6.
CONVENTIONS OF COLIMA.
The progress of political events in the country have reached such a point in this city that the forces of the army of the west, under the command of the citizen General Ramon Corona, find themselves in front of the garrison troops of the fourth territorial military division, under the command of citizen General Felipe N. Chacon.
Both parties being in hostile positions, and firing beginning, the first mentioned general addressed a communication to the fort, proposing a convention to avoid the effusion of blood. The proposal was accepted, an armistice ordered, and the following commissioners appointed: On the part of General Ramon Corona, citizen Colonel Ignacio Maria Escudero, quartermaster of the western army, Lieutenant Colonel Bibiano Hernandez, and Licenciado Augustin Caravantes, auditor of war in the same army; and on the part of Aeneral Chacon, citizens General Antonio Alvarez, major general in the division in the place, and Colonel Ignacio Esparza.
Said commissioners, after a reasonable discussion, agreed upon the following:
1. The city of Colima shall be evacuated by the forces that garrison it, and shall remain at the disposal of citizen General Corona.
2. The troops shall march out with drums beating and colors flying, provided with two rounds for each man and his necessary baggage.
3. The number of men to march out shall be 300, selected at the will of General Chacon, and all the chiefs and officers of his division.
4. These troops shall take up their line of march on the road chosen by both generals, till they are out of the state of Jalisco, towards the interior, in which march they shall not be harassed by the forces under the command of the citizen General Corona.
5. If, during the march of these troops, news comes that Miramon has been defeated, Chacon shall give up the arms of his 300 men, and continue only with his chiefs, officers, and Unarmed men, who shall have an escort in that case as far as the state line of Jalisco, which is the town of Lagos.
6. The evacuation of the city shall take place at noon to-morrow, after the adverse troops have been withdrawn from their lines of occupation, and the appointed commissioners, named for that purpose on the part of General Corona, shall have taken formal possession of the place, with all that it contains.
7. At the hour specified the troops that the citizen General Corona shall designate for the occupation of the city shall march into the public square, and the troops that are to evacuate shall take up their line of march as already specified.
8. The commissioners that are to receive the place shall enter upon the discharge of their duties as soon as they make their appearance.
9. The commissary of the army of the west shall furnish the chief officers and men with provisions for their journey to the city of Lagos, and till they leave that place.
10. The foregoing articles, signed by said commissioners, shall have full effect as soon as they shall be ratified by both generals-in-chief.
Inventory of ordnance and accoutrements found in the place.
One eight-inch field-piece, with its complete sets of implements; 9 mounted mountain howitzers; 9 swords; 9 levers; 9 rammers; 7 charges of canister shot; 1 sight-screw and 2 hooks of sets of arms are wanting; 28 half used pack-saddles, wanting several traces and sweat cloths; 1 complete harness, only wanting one saddle and a girth; 8 haversacks; 7 provision bags; 7 punches; 4 flagstaffs; 4 halyards for same; 4 books; 5 trace lines.
INVENTORY OF MUNITIONS IN STORE.
Eleven charges of canister shot; 4 haversacks; 3 provision bags; 3 cartridge boxes; 2 trace lines; 4 traces; 2 punches: 2 casks for making powder, one yard long and eighteen [Page 544] inches diameter; 1 cask three-fourths of a yard long and eighteen inches diameter; 1 cask two-thirds of a yard long and eighteen inches through; 1 barrel made for the same use as the casks; 2 trays of three yards in circumference, with nitre; 1 tray of the same size, containing cannon powder; 1 tray containing three pounds of sulphur; 2 kettles containing seventy-five pounds of gunpowder; 2 tin sieves: 1 scale; 2 willow baskets; 1 kettle containing gum for glazing; 99 muskets; 56 rifles; 1 pair of measures; 25 lances; 500 empty shells of twenty-four inches; 762 common eight-inch cannon balls; 308 empty hand grenades of twenty-four inches; 88 empty hand grenades of thirty-six inches; 50 hand grenades, loaded, of twelve inches; 129 loads of grape shot, twelve pounds; 29 common shot of eight pounds; 3 tons of loose grape shot; 48 balls for rifled cannon, in boxes; 1 howitzer, by Vergaza, twelve-pounder, a new invention; 4 machine wheels for grinding metallic ores; 3 swords; 42 pounds of gunpowder, in bulk; 40 gun covers; 3 boxes of empty cartridges; 1 box of powder; 8 loads of grape shot, twelve-pounders; 18 six-pound balls; 14 six-pound balls, with sabots; 36 signal lights; 2 jars of powder; 1 cask of caps; 4 loads of twelve-pound grape shot; 12 punches; 3 cartridge boxes; 1 empty box; 1 box three feet square, containing percussion caps for guns; 10 empty boxes; 1 box containing one hundred and seventy-iive pounds of half-ounce rifle balls; 35 cannon primers; 1 Turkish bullet mould; 73,000 one-ounce cartridges, in sixty-three boxes; 900 projectiles for twelve-pound howitzers and eight-pound cannons.
Note.—There was no port-fire in the magazine. There are several planks and empty boxes of different sizes, several leather thongs, many ropes, and small pieces of machinery.
Memorandum.
Mr. Romero said that he read with attention the memorandum of the Examiner of Claims of the department, handed to him by Mr. Seward; that Mr. Romero thinks it very reasonable, so far as it admits that a government has the right to impress the money of the residents, when in extreme need of it, just as it can impress horses, ships, &c, this right being one of eminent domain; that Mr. Romero has no instructions from his government to begin or enter into negotiations with the government of the United States for the purpose contemplated in said memorandum; but that he will submit that paper to the Mexican government, and will ask for instructions on the subject, and that, in the meanwhile, the negotiation may be considered as commenced.
Forced loans in Mexico.
Our treaties with Mexico do not contain any direct stipulation against the levying of forced loans from American citizens. The third article, however, of the treaty of 1831, (8 Stat., 410) provides that “they shall not pay higher or other duties, imposts, or fees whatsoever than those which the most favored nations are or may be obliged to pay; and shall enjoy all the rights, privileges, and exemptions, with respect to navigation and commerce, which the citizens of the most favored nations do or may enjoy.” A forced loan is not strictly included within the terms “duties, imposts, or fees;” and if immunity should be claimed under the clause securing such “privileges and exemptions” as the citizens of the most favored nations enjoy, it might be alleged, with some plausibility, that “privileges and exemptions, with respect to navigation and commerce,” do not necessarily include exemptions in respect to taxation, or to loans enforced as a necessity, arising from inability to procure funds by taxation. I think, however, this is no more than plausible. A loan, properly speaking, is a commercial transaction. It does not, as it seems to me, lie in the mouth of the Mexican government to allege that it is taken out of that category because it is enforced. It is not the less a bargain because one party enters into it against his will, as against those who apply the duress.
If this be so, then our citizens are protected from such impositions, because Mexico guaranteed to British subjects, by the 10th article of her treaty with Great Britain of December 26, 1826, (3 Hertslet, 252,) that “no forced loans shall be levied upon them.”
It seems to me, however, not wise, if it can be avoided, to allow the right of our citizens to [Page 545] immunity from such a contribution to rest upon argument. To my mind the capacity of a nation, in case of extreme necessity, (and of this, in the nature of things, it must be the exclusive judge,) to possess itself of any property within its territorial jurisdiction, subject only to an equitable obligation to restore the property, or its value, is a clear and invaluable attribute of sovereignty. I cannot doubt that, as a government wanting horses or ships may take the horses or the ships where it finds them, without regard to the objection that it imposes a burden upon the owners from which others are exempt, and is, therefore, unequal; so it has good right to impress the money of those who happen to have coin, without regard to the objection that those whose property consists of ships or horses escape the contribution for the time being. Any limitation upon this ultimate right of eminent domain ought to be expressed in the most unmistakable terms. This is done in the 10th article of our treaty with the Argentine Confederation, concluded July 27, 1853, (10 Stat., 1009,) in these terms :
“The citizens of the United States residing in the Argentine Confederation, and the citizens of the Argentine Confederation residing in the United States, shall be exempt from all compulsory military service whatsoever, whether by sea or by land, and from all forced loans, requisitions, and military exactions; and they shall not be compelled, under any pretext whatever, to pay any ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respectively.”
The British treaty with Honduras, of August 27, 1856, (10 Hertslet, 875,) contains, in article XV, a provision identical with the preceding, except a transposition which makes the exemption from “all forced loans or military exactions or requisitions;” and the insertion of words so as to make the exemption from paying “any ordinary or extraordinary charges, requisitions, or taxes, other or higher than those that may be paid by native subjects or citizens.” This is a little more careful expression of the sense of the Argentine treaty, and may well be adopted as the model for an article to be proposed to Mexico.