Mr. Romero to Mr. Seward
The undersigned, charge d’affaires of the United Mexican States, had the honor to receive, with the note which the Hon. William H. Seward, Secretary of State of the United States, was pleased to address to him on the 13th of March last past, the copies therein enclosed of two despatches and their annexes, addressed by Rear-Admiral Wilkes to the Navy Department of the United States in regard to the steamer Noe Daqui.
Since then there have come into the hands of the undersigned the official documents relating to the same affair, which were sent to him by the governor of Yucatan, which exhibit in full detail what happened at the island Mugeres in the affair of said steamer.
After a minute examination of these documents, and of the circumstances of the case, the undersigned regrets he finds himself obliged to consider the conduct of Rear-Admiral Wilkes as aggressive to the sovereignty of the Mexican nation, which to a certain extent the said rear-admiral admits in his despatch No. 5, of the 18th of January last, although endeavoring to extenuate the enormity of the violation of the rights of Mexico.
From the report which the governor of Yucatan made to the minister of foreign relations of Mexico under date of the 23d of February last, of which the undersigned transmits a copy, it appears that as soon as the said governor received intelligence that a steamer was at anchor at the island Mugeres, whose movements caused suspicion, and that she proved to be the Noe Daqui, he commissioned Don Nicolas Urcelay, captain of the national guard, to go to that place with an armed force in order to capture the steamer, and notified the court of the district of Yucatan for its information, and that it might order such measures as it deemed proper in the case.
This determination appears by the despatch addressed by the governor of Yucatan to the district judge, the 10th of December, 1862, of which the undersigned [Page 1250] sends copy. By this action the steamer was from that moment subject to the jurisdiction of the said tribunal.
Captain Urcelay arrived with his force at island Mugeres, and took possession of the steamer without any resistance, hoisted the Mexican flag on her, and sent the crew under arrest to Sisal, whence they were sent to Merida at the disposal of the governor of the state, who turned them over to the district judge, who was already cognizant of the affair, when Captain Urcelay, in carrying out the decision of the district court, of which the undersigned encloses a copy, attempted to take the Noe Daqui, together with the Spanish schooner Pepita, which had come from the Havana with articles for said steamer, for which reason she also was taken, there appeared in the Mexican waters two ships-of-war of the United States, under the command of Rear-Admiral Wilkes, who took upon him to possess himself of the steamer, alleging that she was intended for the service of the insurgents of the south. Captain Urcelay, in view of the circumstances, coerced by superior force, and assuming authority which he had not, made an arrangement with Rear-Admiral Wilkes, by virtue of which he took charge of the steamer, placing a guard on her, and engaging to restore her as soon as the competent Mexican authority should declare her to be a slaver.
Captain Urcelay left his force on board the steamer, and went to Merida to make report of the proceeding to the district court.
Thus far the undersigned finds accordances at the bottom of the reports of the governor of Yucatan and of Rear-Admiral Wilkes, although they may vary in some details, and although many of the expressions of Rear-Admiral Wilkes are as offensive to the dignity and good name of Mexico as they are groundless and unjust. Rear-Admiral Wilkes allows himself to say that Captain Urcelay had neither appointment nor commission; that he gathered an armed force and took possession of the steamer, as if this were done of his own motion and not under instructions from the Mexican authorities. On this point, however, the undersigned cannot doubt that the official declaration of the governor of Yucatan deserves more credit from the government of the United States than the suspicions of Rear-Admiral Wilkes, growing out of what some one or other may have told him.
The rear-admiral relates in this manner what afterwards happened: that he went to Havana to coal, and on his return to the island Mugeres he found no answer had been received from the governor of Yucatan, although the fixed time of ten days, which he assures us was settled in the agreement to receive such reply, had expired; that he sent Commander Stevens in the United States steamer Sonoma to Sisal for the purpose of ascertaining the cause of delay in proceedings, which had been set on foot for ascertaining whether the Noe Daqui was engaged in the slave trade. The rear-admiral continues, “In such case,” (that it were not proved that she was engaged in such traffic,) he notifies Commander Stevens that he must inform the authorities that “I did not consider myself bound any further by the agreement, the time having expired, and that I should act as if the vessel was * * * confederate, laden with contraband of war, and with intent to run the blockade, and if she succeeded in this, would probably be armed as a confederate corsair,” for which he thought her well adapted.
In this alone there is, in the opinion of the undersigned, cause more than sufficient to regard the conduct of Rear-Admiral Wilkes not only as contrary to the teachings of international law, but as an open violation of the sovereignty of Mexico.
The undersigned does not believe that it can possibly be doubted that the island Mugeres belongs to Mexico—that the bay in that island where the Noe Daqui was fallen in with is among the territorial waters of the republic—still less that sovereignty over the territorial waters of a nation belongs wholly to its government. As little can the undersigned believe the fact can be questioned that [Page 1251] on the coming of Rear-Admiral Wilkes into the waters of island Mugeres, the Noe Daqui was subjected to the jurisdiction of the Mexican tribunals, which placed her doubly under the shield of the Mexican sovereignty.
Under these circumstances, the taking possession of the steamer by forces of the United States is a proceeding which the undersigned permits himself to call highly irregular.
In the agreement, by virtue of which Rear-Admiral Wilkes took possession of the Noe Daqui, it was stipulated that she should rest at the disposal of the Mexican authorities, alone competent in the matter. The literal words of said agreement, of which the undersigned has the honor to transmit a copy, are as follows: “It is stipulated * * * that for the better security and protection of the steamer now at this place, of her cargo, and property on board of her, Admiral Wilkes shall take possession of her with a sufficient guard until the Mexican government may decide what is the character of said steamer, and whether or no she be a slaver; and if the government decide that she is, then the steamer shall be delivered to the Mexican government.” The Rear-Admiral asserts that the term within which the decision was to be made was ten days; and even excluding the idea that had a time been limited, it would have been an absurd stipulation: such a term was not stipulated in the so-called agreement, for although in the second clause of such paper the expression ten days is mentioned, it is done with reference to the schooner Pepita, and indicating only that Rear-Admiral Wilkes would return from the Havana within the period mentioned. Rear-Admiral Wilkes, by giving, without doubt, a most forced interpretation, which nothing can justify, to the clause mentioned, adopted this pretext to keep the steamer, and sent to Sisal to Commander Stevens that he could notify the governor of Yucatan that he could not wait any longer time for the solution of the culpability or inculpability of the steamer; that he did not consider himself any longer bound by the compromise he had made with Captain Urcelay, as well because of the delay specified, as because such agreement had been violated by depredations which he averred had been committed on the cargo of the schooner Pepita, in care of a force of Captain Urcelay’s which had taken possession of the schooner; that he had the certainty that the steamer was destined for the service of the insurgents; that there was no reason for regarding her as a slaver, and he had resolved to make her prize of the squadron of his command.
Commander Stevens did not go to the place where the governor of Yucatan was—absent at the time from the capital of the State; he contented himself with sending him a communication, and without awaiting any answer, went back to island Mugeres. Immediately after the return of Commander Stevens, Rear-Admiral Wilkes made out that he left the steamer absolutely at liberty; he made the crew take her outside of the Mexican waters and raise the insurgent’s flag, captured her, and ordered her to Key West, leaving the schooner Pepita, (after having taken her cargo into possession,) which was afterwards taken to Sisal. The accuracy of these acts is confirmed by the relation Rear-Admiral Wilkes gives of them in his despatch No. 5, as cited.
After this narrative, proved by official documents, and even by the despatches of Rear-Admiral Wilkes, there can be no question the said Rear-Admiral violated the sovereignty of Mexico by taking from under it, through devices unworthy an officer of his rank, a prize that was in subjection to the jurisdiction of the Mexican courts, and attempting previously to impose terms and a rule of conduct, at his pleasure, upon those very tribunals.
It is not hidden from the undersigned that Rear-Admiral Wilkes alleges in justification of his inexcusable conduct that the Noe Daqui was a confederate vessel that was to run the blockade of the southern ports, and that there was no proof at all that she was engaged in the slave trade. Excluding from view that the Mexican courts were those alone which could make such a declaration, the undersigned cannot abstain from noting the contradiction into which Rear-Admiral [Page 1252] Wilkes falls by saying in his cited despatch that the bay of island Mugeres is a point frequented by slavers, and that, undoubtedly, the Noe Daqui had been in the trade. Moreover, the undersigned believes it to be his duty to state to the government of the United States, that not only the charge of being a slaver weighed against the Noe Daqui, but also that of having violated the revenue laws of the Mexican ports, on both which accounts the proper proceedings at law were being taken.
The honorable Secretary of State appears to entertain the same opinion as Rear-Admiral Wilkes in respect to the Noe Daqui being the property of southern insurgents, and intended to run the blockade, as appears in the note which he did the undersigned the honor to address to him, dated the 6th of March. But in such event, if fully established, and further, even in case the vessel had been armed for a cruise by the rebels, Rear-Admiral Wilkes should not have arrogated the powers which he took. His duty would have been to await the sentence of the courts of Mexico, and if in virtue of such the steamer were set at liberty, to arrange for her capture when she should have left the territorial waters of Mexico.
Rear-Admiral Wilkes, moreover, usurped powers inherent to the national sovereignty of Mexico, in taking depositions and exercising judicial acts on Mexican territory, in flagrant violation of the laws of the republic.
The said rear-admiral did not confine himself to committing violations referred to, but also took possession of the schooner Pepita, which Captain Urcelay had previously taken possession of with a Mexican force. He landed, and abusing his power, took the crew which the Pepita had brought from the Havana for the Noe Daqui, and which was under detention by the Mexican authorities, and subject to the orders of the proper courts.
In recapitulation, Rear-Admiral Wilkes has violated the rights of Mexico—
1st. By having taken possession, within Mexican territory, of a vessel held subject to the jurisdiction of the Mexican courts.
2d. In not having allowed the sentence of the Mexican court in relation to the transfer of the Noe Daqui to the port of Sisal to be carried into effect.
3d. In having deceptively taken the said steamer out of the jurisdiction of the Mexican courts.
4th. In having imposed terms on the Mexican courts.
5th. In having exercised in Mexican territory judicial acts of the competency exclusively of Mexican authorities.
6th. In having taken possession of the schooner Pepita, which was in Mexican territory, held by Mexican soldiers, and subjected to the jurisdiction of the Mexican courts.
7th. In having, by force, taken possession of the crew brought from the Havana by the schooner Pepita for the Noe Daqui, which was in Mexican territory and subject to the Mexican courts.
The undersigned cannot doubt for a moment that when the government of the United States has intelligence of the facts referred to, and the full proof by which they are accompanied, it will hasten to give to Mexico all the satisfaction she is justly entitled to for the offences committed against her sovereignty and clearest rights by Rear-Admiral Wilkes.
The undersigned profits by the occasion to repeat to the Honorable William H. Seward, Secretary of State of the United States, the assurances of his most distinguished consideration.
Hon. William H. Seward, &c., &c., &c.