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
Mr. Secretary: Referring to the note which I had the honor to address to you on the 27th of March last, relative to the enlistments that were being made in the island of Cuba of Spanish soldiers whose time had expired, for the service of the rebels of Mexico shut up in Vera Cruz, I remit to you to-day the copy of a communication which I have received from the commercial agent of the Mexican republic in Havana, dated the 5th instant, and of the documents annexed to it, all relating to the affair referred to.
At the same time I have seen in the New York papers of yesterday the news of the arrival at Vera Cruz of the Spaniards that left Havana in the steamer Paris; the most of them bring artillerymen, recruited to manage the cannon that keep that city in the power of the rebels. (No. 6.)
[Page 547]Wishing to keep the government of the United States informed of these events, I take the liberty to remit, to you the above-mentioned documents.
I take advantage of this opportunity to renew to you, Mr. Secretary, the assurances of my very distinguished consideration.
Hon. William H. Seward, &c., &c., &c.
No. 1.
Citizen Minister: Enclosed I have the honor to send you an open package for the citizen minister of foreign relations of the republic, which I entreat you to have the kindness to transmit to its place of destination, after having informed yourself of its contents. I allow myself to call your attention respecting the affair of which I treat in it, on the enlistment of people in the so-called consulate of the empire, so that you may be able to proceed in the most proper manner, so as to avoid, as far as possible, the said act of open hostility on the part of the superior government of the island, as it has been proved to me that the captain general approves of it and protects it.
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Be pleased to accept, Mr. Minister, the assurances of my particular consideration.
Citizen Minister Romero, Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic in Washington.
No. 2.
Citizen Minister: On the 16th of March last, as you must be aware, the national territory was definitely evacuated by the French army. When the French left Vera Cruz they gave up the custom-house to the traitors, as well as all the war material to be found in that place; a certain Antonio Robledo acting as political prefect, and a man named Perez Gomez doing the duty of military commander. There are 1,200 men garrisoned in the city. The government forces, amounting to about 2,000 men, under the command of General Benavides, held the city strongly besieged, so that no fresh provisions could come in, and had already begun to throw grenades; but I learn that General Benavides is sadly in want of heavy artillery, so he can effect nothing decisive. The strictest vigilance is exercised in the city; nobody dares to speak, and incarceration and exile is the order of the day. On the 2d day of March 20 persons were immediately imprisoned, or banished to Yucatan; among them were Ramon V. Vila, Juan Pastorisa, Ramon Laine, Eduardo Herrera, Rafael Zamora, Manuel Diaz Miron, Lorenzo Portilla, and another, who were embarked in a schooner. Those individuals, on getting out to the open sea, bound the captain, and obliged him to put into Alvarado, where they are now to be found.
Many other persons are now in this city, who have emigrated for fear of the persecution to which all republicans are now subject there.
The recent news here is that Puebla is besieged, and had been several times assaulted, half of the town being held by General Porfirio Diaz. There is absolutely no news from the interior, and more than a month has passed since letters were received from the capital.
I have a very important piece of news to communicate to you from this place. As soon as the siege of Vera Cruz was known here the so-called consul of the Archduke Maximilian opened a recruiting office at his place of business, to enlist armed men and send them to Vera Cruz to sustain the pretended empire. As soon as I learned the fact I endeavored to investigate the affair, and found out it was true beyond a doubt, when I immediately repaired to the consul general of the United States in this city, with the annexed communication, marked No. 1. I had an interview the next day with that gentleman, who told me he had seen the captain general on the subject, and he told him he had no knowledge of the facts, but would send and find out about it, and if it were true he would take measures to have it stopped; yet, after all this, the recruiting has continued publicly, so that everybody knows of it, and in fact two lots of men, 50 in number each, have already been shipped to Vera Cruz; and I learn from various sources that the captain general, far from trying to prevent it, actually approves of it. In view of this I have procured undoubted proof, which I send [Page 548] you, marked number 2, as well that the supreme government of the nation may have an exact knowledge of the fact, so as to know how to act, as that the United States consul general may be convinced of the truth of my assertion. I had another interview with the same consul yesterday, showed him my evidence, and begged him to see the captain general once more upon the subject, which he promised to do to-day, telling me to come back in the evening to hear what the captain general should say. At the same time I requested him to inform his government of the fact, so that the government of the United States might demand of Spain a rigorous observance of strict neutrality. All of this I equally place in the knowledge of the citizen minister plenipotentiary of Mexico in Washington.
I must also inform you, that you may communicate it to the citizen President, of the animosity that the captain general of the island entertains towards our government, and to do this I enclose to you, marked No. 3, various documents, calling your particular attention to the letters of Mr. Fernandez de Coca.
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Haying nothing more to impart at present, I beg you to place this communication in the knowledge of the citizen President, and I supplicate you, Mr. Citizen Minister, to accept the assurances of my very distinguished consideration.
Citizen Sebastian Lerdo de Tejada, Minister of Foreign Relations of the Mexican Republic.
No. 3.
Sir: Understanding that proof is required of the fact that recruiting is now going on in the house of Mr. Carvallo, agent of the government of the Mexican empire, I see no impropriety in telling you that I went one day this month to that house to enlist as a soldier, and the conditions proposed were to give me $20 on embarking, and a dollar a day for a year, in favor of the service of the government of the empire and against the government of the republic, they paying the passage—that is, the imperial agents—to which I did not consent.
And that is all I can truthfully say on the subject.
Yours, &c.,
PEDRO BELTRAN.
Señor Don Antonio Hoffmann y Urquia, Commercial Agent of the Government of the Republic of Mexico in Havana.
On this date Don Pedro Beltran presented himself at this commercial agency, at the request of the subscriber, to swear to his signature, which he does in the presence of the undersigned witnesses.
Then comes a seal with the following inscription:
Commercial agency of the Mexican republic, Havana.
Witnesses:
G. M. Islas,
José Valente Baz.
No. 4.
Sir: I inform you that Mr. Carvallo, consul of the Mexican imperial government in this city, has opened a register to recruit persons of all sorts who are willing to enlist in the service of the empire against the republic. This is a public and notorious fact, and I this day give my testimony to corroborate it by stating that I went to enlist myself at that person’s office.
The conditions proposed were these: Engagement as a soldier in the service of the empire, to fight against the republic for one year, for the sum of $20 on embarking, and $1 per day for the space of one year, to which I answered it did not suit me, and retired. And this is al I know about it, and I communicate to you accordingly.
Yours, &c,
PRUDENCIO DE LA CRUZ VALDEZ ALVAREZ.Señor Don Antonio Hoffmann y Urquia, Commercial Agent of the Government of the Republic of Mexico in Havana.
On this day appeared Don Prudencio de la Cruz Valdez Alvarez in this commercial agency, on petition of the undersigned, to attest his handwriting, which he does in the presence of the subscribing witnesses.
Then follows the seal:
Commercial agency of the Mexican republic, Havana. Attest:
G. M. Islas,
Jose Valente Baz.
No. 5.
Sir: In reply to the interrogatories you were pleased to make, I say: It is true that in the house where the imperial Mexican consulate of this city is established, recruiting has been going on for some days, to engage men to go to Vera Cruz to serve in arms in Maximilian’s army. That I know this from various individuals who enlisted for that purpose, who told me they had received $20, with the promise of a free passage to Vera Cruz, and the pay of $1 per day, from the time they land in Mexico; and I also know certainly that two lots of men thus recruited have left this port for Vera Cruz, one in the steamer Paris and the other in the steamer Solent, all of which is public and well known in this city, and many persons can testify to it.
Yours, &c,
R. DE ZAYAS.
Senor Don Antonio Hoffmann, Commercial Agent of Mexico, Present.
Havana, April 3, 1867.
On this day appeared Don Rafael de Zayas in this commercial agency, at the request of the undersigned, for the purpose of attesting his signature, which he does in the presence of the undersigned witnesses.
Then follows a seal which says:
Commercial agency of the Mexican republic, Havana.
Attest:
G. M. Islas,
José Valente Baz.
No. 6.
The siege of Vera Cruz is still in progress, and we are getting anxious for some determinative action on the part of the contending forces.
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The Spanish steamer, which arrived from Havana to-day, brought 30 artillerists, who have been placed at the guns upon the walls of the city and in the forts. It is stated that they came as passengers, but well understood that they were recruited in Havana for service here in the imperial army, under such inducements as are usually offered in similar cases. Seventy or more are expected by the English steamer from Havana, now due. This will make a valuable addition to the garrison, especially as their own people cannot be trusted, and the officers well know it. Only a night since 45 men, with arms and ammunition, deserted and went to the liberal forces, by slipping over the wall, and the most stringent regulations are in force to prevent too frequent repetitions.
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[Untitled]
Affairs here remain unchanged. The siege of Vera Cruz is still in progress, with but little prospect of its speedy termination.
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Those who are not interested here in the empire are anxious to know what view the United States will take of the enlistment of men for the empire in Havana. As stated in a previous letter, the first instalment has arrived, and the English steamer from Havana, now due, is expected to bring more. Spain cannot protest if the United States allow enlistments for the liberal army, or the fitting out of privateers under the same flag, for the capture of the imperial gunboat Tabasco.
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Mr. Diaz to Mr. Romero
(With compliments of Matias Romero.)
Mr. M. Romero, Mexican Minister, Washington, D. C.
Miramon dead; imperial forces disbanded; Marquez defeated; Queretaro taken; Maximilian hidden.
Memorandum.
Mr. Romero called on Mr. Seward to-day to inform him that he received a communication yesterday from his government, enclosing a copy of Mr. Lerdo de Tejada’s reply of the 22d of April last, to Mr. Campbell’s letter to him from New Orleans on the 6th of the same month, in accordance with instructions from the Department of State, to intercede for the ex-Archduke Ferdinand Maximilian and his partisans in Mexico. A Spanish copy of said reply is appended to this memorandum.
Fearing that the government of the United States might be misinformed in regard to what had occurred in Mexico concerning the shooting of certain persons, Mr. Romero said he was instructed to inform Mr. Seward of the antecedents, of the war, of all that had occurred during its existence, and what might be considered the duties of the Mexican government; that although Mr. Romero was satisfied that the government of the United States was aware of all, as he had taken particular care to communicate events in writing, even to minuteness, he thought proper, in fulfilment of his instructions, to make the following explanations :
The government of Mexico has not adopted the system of shooting the prisoners it takes from its enemies. Laying aside the question of the right to shoot them under peculiar and aggravating circumstances, such as have occurred during this war, and especially after the departure of the French, up to the present time, they have not been shot from the mere fact that they are fighting against Mexico.
While the French carried on the war, they shot most all the prisoners they captured, either by court-martial, by executing them secretly, or in virtue of the so-called decree of the usurper Maximilian of the 3d of October, 1865. The government of Mexico never desired to make reprisals; on the contrary, it often [Page 551] expressed its willingness to accept a system of exchange, to be extended to all prisoners captured on both sides. The French would never agree to this, and only when they wished to exchange a particular person, would they make application for a partial exchange, which was never refused by the Mexican generals. In the correspondence which Mr. Romero has sent to the Department of State are several cases where the Mexican government treated its prisoners of war with great lenity, particularly French and Belgians.
Mr. Romero has no knowledge of the execution of prisoners of war, except those at San Jacinto, and a few chiefs and officers at Puebla. In regard to the first it is known that the number of prisoners taken at. San Jacinto was five or six times as many as were executed, and of course the majority were not executed, and those that were killed were not killed merely because they were making war against Mexico, but because they had committed crimes of all kinds in Zacatecas during the three days they remained there.
In regard to the executions at Puebla, although Mr. Romero has received no official information to confirm them, supposing them to be true, he believes, taking into consideration the well-known integrity of General Diaz, they were visited upon military chieftains who deserved the penalty by the laws of war, as for instance, if, belonging to the army of the republic, they betrayed their flag and carried their forces over to the enemy. When persons of that sort are captured by the forces they desert, it is not strange they are treated with all the severity of military law common to all nations.
Mr. Lerdo de Tejada to Mr. Campbell
Sir: Yesterday I had the honor to receive your communication of the 6th from New Orleans.
In it you gave the reasons why you were prevented from presenting your credentials as envoy extraordinary and minister plenipotentiary of the United States of America to the President of the republic of Mexico, and why you remained in New Orleans since December last. The government of the republic regrets that those reasons prevented you from presenting your credentials and commencing official relations, for it would be very agreeable to the government to receive you in your character as representative of the United States.
You also informed me that the satisfaction of the government of the United States at the withdrawal of the French forces from Mexico, and the advance of the government army towards the capital, was disturbed by the report of cruelty to the prisoners of war taken at San Jacinto. You also expressed the desire of the government of the United States, in case the Archduke Maximilian and his partisans were captured, that they would be treated humanely as prisoners of war.
The enemies of the republic, wishing to injure it as much as possible, were eager to exaggerate facts, and circulate untruthful reports concerning the prisoners in San Jacinto. The greater portion of them were pardoned, and those that were executed by the chiefs of the republican forces were not shot as prisoners of war, but as guilty by the law of nations and by the laws of the republic. They had given themselves up to untold crimes in the city of Zacatecas, because they were fighting as rangers without country or flag, as mercenaries hired to shed the blood of Mexicans who were defending their liberty and their institutions.
No small number of these foreigners taken in San Jacinto were carried to Zacatecas and there treated with as much benevolence as those taken in Jalisco, who were not near so guilty.
It has been the constant practice of the government of the republic, and the commanders of its forces, to respect life and treat the French prisoners with great consideration, while they, by supreme command, assassinated the prisoners taken from the republican forces. French prisoners were often set at liberty without being exchanged.
Many of the principal French chiefs had entire towns burned. Inhabitants were murdered by courts-martial, and often unarmed persons were executed from mere suspicion, without form of trial. Boys and old men, unable to bear arms, were ruthlessly butchered; yet the government of the republic and its chiefs did not resort to reprisals, though sufficient provocation was offered, but have always observed a humane conduct, with examples of the greatest generosity. For that reason the republican cause of Mexico has excited the sympathy of all civilized nations.
After the withdrawal of the French forces, the Archduke Maximilian persisted in his useless [Page 552] attempt to shed more Mexican blood. With the exception of two or three cities which he holds by force, he has seen the whole republic rise up against him. Notwithstanding this, he wants to continue his work of ruin and desolation by an aimless war, surrounded by men well known for their robberies and assassinations, and the deepest dyed in crime of any in the republic. When such persons are captured it is not reasonable to suppose they could be considered as simple prisoners of war, for they are responsible to the law of nations and amenable to the laws of the republic.
The government, which has given numerous proofs of its humanitarian principles and of its sentiments of generosity, has also the obligation to consider, according to the circumstances of the cases, what is required by the principles of justice and its duties to the Mexican people.
The government of the republic hopes that, by the justification of its acts, it will preserve the sympathies of the people and government of the United States, that have always had the greatest esteem for the people and government of Mexico.
I have the honor to be your most respectful and obedient servant,
LERDO BE TEJADA.
His Excellency Hon. Lewis D. Campbell, Envoy Extraordinary and Minister Plenipotentiary from the U. S. of America to the U. S. of Mexico, New Orleans, Louisiana.
Sax Luis Potosi, April 22, 1867.
A true copy: