The correspondence between Mr. Romero and the United States, concerning
the exportation of arms by Mexico, and that of wagons and mules from New
York by French agents, for the use of the French army in Mexico, had, as
I
[Page 1238]
am informed, been
transmitted to the state department of Mexico some time be fore the
receipt of your despatch of December 19, 1862.
This correspondence and the decision of the American government on the
points it involves has, I am sure, caused quite an unfriendly feeling in
the minds of the Mexican cabinet towards the United States. The decision
of our government is regarded here in the very light in which Mr. Romero
has endeavored to place it, that is, as simply denying to Mexico rights
which we concede to France; and from this postulate they easily reach
the conclusion that our government has disregarded, to the prejudice of
Mexico, those obligations which international law imposes upon neutral
powers. However erroneous this view may be, I have no reason to expect
that it will be changed. I have had no conference, with the minister of
foreign affairs on the subject, nor has he named it to me, either
verbally or by written communication. As I regard your note to Mr.
Romero as presenting all the reasons for the course our government has
adopted, I shall not, of course, seek to transfer the controversy from
Washington to this city, but shall use all proper means, on proper
occasions, to satisfy the Mexican authorities of the propriety of the
course my government has deemed it proper to take.
On the 9th day of February the Prussian minister, being about to leave
Mexico, addressed to me a note, a copy of which I transmit herewith,
requesting me to assume the protection of all French, Spanish, Prussian
and Belgian subjects residing in Mexico.
On the withdrawal of the French legation from Mexico, the duty of
protecting the foreigners above named was committed to Baron Wagner, the
Prussian minister. I thought proper, at that time, to decline the office
and duties proposed, for the reasons assigned in my note to the Prussian
minister under date of the 16th of February, a copy of which I send you
herewith.
On the 18th day of February I received from Baron Wagner another note, a
copy of which I also enclose, proposing to commit the protection of the
resident subjects of the four powers named above to the whole foreign
diplomatic corps remaining here. This note was dated the day before the
departure of Baron Wagner, and was not received by me until the next
morning, and after he had left the city. I deemed it proper, in
compliance with his request, to inform the other members of the corps
now here of it, and ask their opinion as to the course proper to be
adopted by us. I have received notes on the subject from the diplomatic
representatives of the republic of Ecuador and Peru, and also from the
consul general of Venezuela, copies of which are herewith transmitted.
It will be observed that, at this time, no European power is represented
here by any agent above the rank of consul, nor have any of the American
republics a diplomatic representative here, except the United States and
the three governments named above. Whilst I entertain no doubt that I
might have accepted the powers proposed to be conferred upon me by the
Prussian minister, without giving any just cause of offence to the
government of Mexico, I thought such a step on my part imprudent, under
existing circumstances, unless the request to do to should first be
made, through the proper channels, to the President of the United
States, and his approval obtained and transmitted to me; I also
entertain as little doubt that the diplomatic corps, collectively, or
any one of them, might, in a proper case, and in a respectful manner,
interpose to protect the rights of any foreigner, without any express
power given by the government to whom the allegiance of such foreigner
might be due. This, it seems to me, would be my duty, since the same
course of proceeding pursued towards a Prussian or Belgian subject
resident here would, under like circumstances, be adopted towards a
citizen of the United States residing here
It will be seen by the copy of a letter from the state department of
Mexico, under date of December 4, 1861, which is forwarded with this
despatch, that when the French minister, on withdrawal from Mexico,
committed the protection
[Page 1239]
of
the French and Spanish subjects in Mexico to the minister of Prussia,
the Mexican government accepted and approved that arrangement. It is
notorious that the Prussian minister has exercised that power, without
objection, up to the time of his withdrawing the Prussian legation, on
the 18th of February, 1863.
On the 24th of February, 1863, and before I had informed the Mexican
government of the correspondence of Baron Wagner with myself and the
diplomatic corps, I received the note, a copy of which is enclosed, from
Mr. Fuente. To this I have, on the 7th day of March, 1863, given a
reply, a copy of which is herewith transmitted. I shall act in
conformity with the principles laid down in that note till otherwise
instructed. I beg the early attention of the State Department to this
whole subject. I have stated the reasons by which I was guided in
declining the protection of the subjects of the four powers, as proposed
by the Prussian minister, and have forwarded the opinions of the several
members of the diplomatic corps respecting the collective protection of
those subjects, as required by the note of Mr. Wagner of the 17th of
February, 1863, upon all of which I ask the opinion of the President,
and such instructions as may be deemed necessary for the regulation of
my future action.
The French forces are concentrated at a point about five miles from
Puebla, but as late as yesterday had made no attack upon that city, nor
had they made any forward movement in the direction of this place. I
think, from all I can learn, that the Mexican army is quite confident of
victory should Puebla be attacked.
[Exhibit accompanying despatch No. 39.]
A.
1. Note of Prussian minister, requesting protection of the American
legation for Prussia, French, Spanish, and Belgian subjects resident
in Mexico.
2. Reply to the same.
3. Note of the Prussian minister, placing said subjects under the
protection of the diplomatic corps generally, and the American
minister, as its dean, particularly.
4. Note of American minister, calling a meeting of the diplomatic
corps, to consider the request of the Prussian minister.
5. Reply of chargé d’affaires of Peru.
6. Reply of chargé d’affaires of Ecuador.
7. Reply of the consul and confidential agent of Venezuela.
B.
1. Communication from minister of foreign affairs of Mexico,
protesting against the acceptance of the powers proposed to be
conferred by the Prussian minister upon the diplomatic corps.
2. Reply of the American minister.
[Page 1240]
C.
Reply of the official mayor of the department of foreign affairs of
Mexico to note of the Prussian minister, informing the department
that he had taken under his protection the French, Spanish, Italian,
and Swiss subjects, resident in Mexico.
A 1, No. 39.
Mr. Wagner to Mr. Corwin
Prussian Legation, Mexico,
February 9,
1863.
Sir: Having solicited a temporary leave
of absence, and my government having granted me permission to
leave Mexico, I intend to start in a few days for Berlin.
Your excellency is aware that the protection not only of the
German, but also of the French, Spanish, and Belgian subjects,
has been confided to this legation.
I trust that during my absence the Prussian, Spanish, and Belgian
consular authorities will be able to afford all due protection
to their respective countrymen, as they have already done on
many occasions; and whilst I hope that their intercession in
favor of the interests confided to them will avoid the necessity
of often troubling your excellency, still I beg, at the same
time, to take the liberty of recommending them, in case of need,
to the kind and more effective protection of the United States
legation, confident, as I am, that your excellency will be
pleased to grant to the above-mentioned consulates, as well as
to the French residents who may appeal to your excellency, such
aid and assistance as may be possible under the present critical
circumstances.
The French consul, M. Morineau, having left Mexico with the
imperial legation, M. Farine had previously been appointed his
substitute, in order to take charge of the consular archives and
to keep the civil register of marriages, births, &c.,
&c. The Mexican government had, at the time, been informed
of this circumstance.
I have the honor to remain, with the highest consideration, sir,
your excellency’s most obedient, humble servant,
Hon. Thomas Corwin, &c., &c.
A 2, No. 39.
Mr. Corwin to Mr. Wagner
Legation of the United
States of America, Mexico,
February 16,
1863.
Sir: The undersigned has the honor to
acknowledge the receipt of your excellency’s note, under date of
the 9th instant, asking the undersigned to extend the diplomatic
protection of the United States government to French, Prussian,
Spanish, and Belgian subjects resident in Mexico. The
undersigned has given to the subject of your excellency’s
request his earnest attention, and is compelled, under existing
circumstances, to decline the acceptance of the duties and
responsibilities which a compliance with your excellency’s
request would impose upon him. Were such request addressed to
the cabinet at Washington,
[Page 1241]
and its objects approved, and proper
instructions given to the undersigned, he should then, and only
then, deem it proper for him, in obedience to such instructions,
to discharge, to the best of his ability, the duties they might
impose. The undersigned has not, at this time and place, the
means of searching for precedents, but his memory furnishes him
with no instance where a minister of the United States has,
under circumstances like the present, assumed to extend
diplomatic protection to foreign citizens, resident within the
territories of the government to which he is accredited, without
express instructions to do so from the President of the United
States. In regard to the proposed protection of the subjects of
his Imperial Majesty the Emperor of the French, there are
reasons for the course the undersigned has adopted, which might
not apply with equal force to the other nationalities specified
in your excellency’s note. The French empire and Mexico are at
war. Between these two belligerent powers the government of the
United States occupies a purely neutral position. Should the
government of the United States assume the right and duty of
protecting the subjects of one of the belligerent powers against
the supposed wrongs to be inflicted upon them by the government
of the other, it is easy to foresee that cases might arise which
would tend strongly to disturb these peaceful relations with one
or both the belligerents, which it is the object of perfect
neutrality to preserve inviolate.
I have the honor, also, to acknowledge the receipt of your
excellency’s note of the 13th instant, relating to this subject,
and enclosing correspondence relating thereto between your
excellency and the minister of foreign relations for Mexico. The
undersigned finds nothing in this last note and accompanying
papers which, in his judgment, should affect the conclusion
which he had come to in relation to the proposition contained in
your excellency’s note of the 9th instant.
I avail myself of this (probably the last that may ever occur)
occasion to renew to your excellency the assurance of my
esteem.
His Excellency Baron E. D. Wagner,
Minister of Prussia, Mexico.
A 3, No. 39.
[Translation.]
Mexico,
February 17,
1863.
Mr. Envoy: Your excellency having
considered it your duty, by your note of to-day, to refuse the
protection I had solicited in favor of Prussian subjects, and
Germans, French, Spanish, and Belgians, resident in Mexico, I
now find myself under the necessity of placing these foreigners
under the friendly protection of the diplomatic corps, convinced
that all its members, were it only from a sense of humanity,
would not refuse, under the grave circumstances which may
present themselves, their aid and good offices to the many
foreigners whose governments have not at this time
representatives in Mexico.
I pray your excellency will have the kindness to inform the
representatives of the other American republics, who are now at
this capital, of the very pressing instances I make to the
diplomatic corps, and each of its members in particular, to lend
their assistance in favoring protection to foreigners who may
address them directly, or to your excellency as their dean.
As neither your excellency or your colleagues will certainly ever
ask anything unjust from the Mexican government, the latter has
as much interest as the other American States, that it cannot be
said that foreigners are intentionally abandoned to the
discretion of the government, and without any diplomatic
[Page 1242]
protection. I
appeal, then, once more with earnestness, and in the most formal
manner, to the feelings of humanity of your excellency, and of
the other members of the diplomatic corps, in recommending the
foreigners above mentioned to their special protection.
Please accept, Mr. Envoy, the assurance of my high
consideration,
Hon. Thomas Corwin, Envoy Extraordinary and Minister
Plenipotentiary of the United States of America, and
Dean of the Diplomatic Corps in Mexico.
A 4, No. 39.
Legation of the United
States of America, Mexico,
February 21,
1863.
My Dear Colleague: On the day of the
departure of the Prussian minister, but after he had left the
city, I received from him a note, a copy of which I enclose
herewith.
In compliance with the request contained in the note of the
Prussian minister, I have to ask that you will meet the members
of the diplomatic corps, now in this city, at my rooms, (Calle
Donceles, No. 23,) on Monday, the 23d instant, at 12 o’clock m.,
there and then to take into consideration the request contained
in Mr. Wagner’s note.
I have the honor to be your friend and colleague,
A 5, No 39.
[Translation.]
Mexico,
February 21,
1863.
My Worthy Colleague: I have had the
honor to receive your esteemed communication, by which you
invite me to assist at a meeting of the diplomatic corps which
is to take place at the United States legation on Monday at
noon.
I have no certainty of being in the city on the day and hour
indicated, because I must go to-morrow into the country; but,
made aware of the object of the meeting through the despatch of
the minister of Prussia, which you were pleased to send me in
copy, I can make up my opinion on the matter, which is, that the
diplomatic corps, to whose good offices the minister of Prussia
has appealed in favor of European subjects who are at present
without a representative in Mexico, would be able to render
purely friendly private services, in accordance with the laws of
the republic, in cases in which, in conformity with
international law, diplomatic action might be interposed, and
especially when the Mexican government, by its courteous
concessions, should accept such offices which do not
legitimately spring from the mission of representatives of
nations, to whom the subjects treated of have no relations.
Please so expound my opinion to the diplomatic corps, and accept
the assurances of consideration and respect which I have the
honor to subscribe myself your very respectful, humble
servant.
MANUAL NICHOLAS CORPANCHO.
His Excellency the Hon. Thomas
Corwin, Dean of the Diplomatic
Corps, &c., &c., &c.
[Page 1243]
A 6, No. 39.
[Translation.]
Mexico,
February 24,
1863.
Mr. Minister: As I proposed yesterday,
I have the honor to acknowledge receipt of your communication,
dated 21st instant, in which you are pleased to send in copy
that which was on the 17th addressed to you by his excellency
Baron Wagner, placing, for reasons expressed therein, the
Prussian, Russian, French, Spanish and Belgian subjects,
resident in Mexico, under the protection of the diplomatic
corps, and of each of its members.
Confining myself, Mr. Minister, to the side note of his
excellency Mr. Wagner, I think that the respective consuls of
the subjects to whom it relates will suffice to protect the
interests of their countrymen; and for those Europeans who, by
force of circumstances, find themselves without representatives,
either consular or diplomatic, it is to be expected that the
enlightened Mexican cabinet will grant them the proper
protection given to every peaceable foreigner. Moreover, I think
I ought to say to your excellency that if any of the first, as
well as the second, should come to me asking aid and assistance,
I shall believe myself bound to interpose, as far as might be
possible, my good and friendly offices with the Mexican
executive government, which I hope will look with pleasure upon
the frank statements I might make to it in respect of peaceful
and inoffensive foreigners.
By this occasion I have the honor to repeat to your excellency,
my colleague, that I am your obedient servant,
His Excellency Thomas Corwin, Envoy Extraordinary and Minister
Plenipotentiary of the United States of
America.
A 7, No. 39.
[Translation.]
Consulate and Confidential
Agency of Venezuela, Tacubaya,
February 27,
1863.
My Esteemed Colleague: In consequence
of what was agreed at the meeting we had on Monday, the 23d
instant, to take into consideration the contents of the note
dated the 17th last month, of Mr. Wagner, minister of Prussia,
asking for the protection of the diplomatic corps, for the
foreigners to which the same refers, a copy of which you sent
me, what was stated by yourself in the matter, and what was
written by the absentee, Mr. Corpancho, chargé des affaires of
Peru, and also ignorant of what was written by M. Paster,
representative of Ecuador, my opinion on the subject is
precisely analogous with yours, and that written by the
representative of Peru.
Deign to accept the assurance of my distinguished
consideration,
Hon. Thomas Corwin, &c., &c., &c.
[Page 1244]
B 1, No. 39.
[Translation.]
National Palace, Mexico,
February 24,
1863.
Mr. Minister: Upon leaving this
capital, the Baron E. de Wagner, minister resident of his
Majesty the King of Prussia, made known to the government of the
federation that he had recommended to certain consular agents
the protection of his countrymen, and other foreigners to whom
he had dispensed it, by special commission of the respective
governments, adding that for extraordinary cases he had placed
them under the protection of the legation in your charge, the
individuals and the consuls referred to.
I beg you will please to see in annexed documents, No. 1, the
pretension of Mr. Wagner on this matter, and in No. 2 the
reasons for which the government of the republic could not
accept a proceeding so irregular and so dangerous. Mr. Wagner
made no reply to those reasons, nor sustained his contested
resolution even. But, on the second day of his journey, there
was received at the department the note which is translated in
document No. 3; a note in which Mr. Wagner, carrying to a high
pitch his contempt of rules, usages and conventionalities,
abandons the idea of all special protection, in order to place
under the safeguard of the diplomatic corps and of the people of
Mexico the foreigners who were under the protection of the
legation of Prussia.
Doubtless it is unnecessary to controvert the irregular
commission which at the outset that minister had confided to
you, from the moment that commission was not accepted by you,
nor adhered to by the agent who had it to confer; and although,
in fact, he may have transferred it to the diplomatic corps, I
cannot for a single instant apprehend it would attain better
issue, being, as it in truth is, improper, offensive to the
government of Mexico, and in every view impracticable. I
entertain a sincere and well-founded confidence that your
excellency will not lend your respected aid in giving authority
to proceedings of this nature. But my duty and the orders of the
president oblige me also to declare that in order to protect
Prussian subjects, and other foreigners, to whom the Baron
Wagner alludes in his said communications, the government of the
republic will invariably maintain what I had the honor to state
to the minister himself in the official letter I addressed to
him, under date 12th of the current month. Until these affairs
be not arranged in some other way, with the approval of the
governments which are at peace with Mexico, the protection of
which I speak has in its favor the spirit of the federal
government, and means adequate to make it effectual in
conformity with international law and our own laws.
In confiding foreigners, in the first place, to the loyalty and
honor of the people of Mexico, Mr. Wagner does this nation the
justice which he has so often denied to it; but Mexico does not
need this testimony, nor accept it, when presented in derogation
of the government she has chosen as the depository of her
confidence and authority, because this government, which he
affects to cast into oblivion, is the true representative of the
nation in her foreign relations; because on all sides it would
be reputed a rude violation of the law of nations, should a
foreign minister make an innovation to the people, and not to
the government near which he should be accredited; and, in fine,
because this omission, in the present case, would suggest the
offensive presumption that the federal government does not look
to the protection of foreigners, when the whole world inclusive
is spectator of the contrary. Mr. Wagner, who in his note of the
9th instant, after indicating what he had resolved to do to
assure the protection of Prussian subjects and other foreigners,
said to me literally these words, “I
[Page 1245]
flatter myself, with the hope that this
measure will be no more than a simple formality, and that the
foreigners referred to, who may have recourse to the good
disposition of your department, will have secured to them the
direct protection of your excellency.”
I avail of the occasion to renew to your excellency the
assurances of my most distinguished consideration.
His Excellency Thomas Corwin, Envoy Extraordinary and Minister
Plenipotentiary of the United States of
America.
B 2, No. 39.
Mr. Corwin to Mr. Fuente
Legation of the United
States of America, Mexico,
March 7,
1863.
Sir: I have the honor to acknowledge
the receipt’ of your note of the 24th of February, 1863,
communicating the substance of a correspondence between your
excellency and Mr. Wagner, touching the proposed protection of
Belgium, French, Prussian and Spanish subjects, resident in
Mexico, by the diplomatic corps now in this city.
I declined the protection of those subjects, when proposed to be
clothed with that power, by Mr. Wagner, not, however, because I
conceived my assumption of such powers would give any just cause
of complaint to the supreme government of Mexico, but on the
ground that in the present relations of Mexico with European
powers, and also with the government of the United States, I
deemed it proper that the subject should be first submitted to
the cabinet at Washington, and its instructions thereupon
forwarded to me.
I have deemed it my duty to inform the other members of the
diplomatic corps of the request of Mr. Wagner. I have received
from each of them their opinions on the subject, copies of which
are accompanied herewith.
I deem it due to that candor which should characterize the
intercourse between the republics of Mexico and the United
States to state to your excellency the course I deem it my duty
to pursue on this subject, until specific instructions shall be
received by me from my government.
If the action of the supreme government of Mexico should at any
time be exerted upon any foreign subject or citizen to such
extent as to place his life, liberty or property in danger, and
where such action would, with equal propriety, be applied, under
like circumstances, to an American citizen, I shall, if any such
case unhappily arises, deem it my duty to offer to the supreme
government such expostulation as, in my judgment, the case my
seem to require. This I shall do, with the most perfect respect
for the just powers of the supreme government of Mexico, and
with a well-founded confidence in its upright motives, and its
desire to do justice to all foreigners, with such moderation as
may consist with its self-respect, and the dignity and safety of
the Mexican republic. In adopting this course, I am sure your
excellency will perceive that I am making no innovation upon the
modern usage of civilized nations, nor doing anything which
should interrupt the friendly relations which my government so
earnestly desires to preserve with the Mexican republic.
I take this occasion to renew to your excellency the assurance of
my distinguished regard.
His Excellency Señor A. de la
Fuente, &c., &c.,
&c., Mexico.
[Page 1246]
C, No. 39.
[Translation.]
The Chief Clerk, Mexico, to Baron
Wagner
National Palace, Mexico,
December 4,
1862.
The undersigned, chief clerk of the department of foreign
relations, in charge of the office, has had the honor to receive
and make report to the first magistrate of the republic of the
note of M. E. de Wagner, minister resident of his Majesty the
King of Prussia, of to day’s date, in which he is pleased to
advise that on parting with his excellency the minister
plenipotentiary of his Majesty the Emperor of the French he
invited his excellency the minister of Prussia to charge himself
with the protection of the subjects and interests of his nation,
as well as those of the Spaniards, Italians, and Swiss, confided
till now to the French legation; Mr. Wagner adding his hope
that, notwithstanding the difficult circumstances of the moment,
those subjects and their interests would be patronized by the
government.
In reply, the undersigned must say to his excellency that the
existent emergencies do not hinder the Mexican government, in
conformity with its principles of justice, and its sympathies
for the civilized nations of Europe, from always watching over
with the greatest solicitude these subjects and those interests
confided to the honor and hospitality of the Mexican nation
which distinguishes and esteems peaceable and industrious
foreigners, to whom the government has always desired to extend
and will extend those guarantees which a civilized country can
offer.
Upon this understanding, and in courteous observance of the
indication of Baron Wagner, proper orders are already issued to
the respective authorities that, far from foreigners being
molested in their persons or interests, they shall give them
every protection, hoping they, in turn, will respond by their
quietude and neutrality to the decided resolution the government
holds that they be respected.
The undersigned profits by this opportunity, &c.
His Excellency Baron Wagner, Minister Resident of his Majesty the King
of Prussia.
