Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III

Mr. Seward to Mr. Geofroy

Department of State, Washington, March 12, 1864.

Sir: I have the honor to acknowledge the receipt of your note of the 11th instant, in which you state that, according to information which has reached the Emperor’s government, three regiments of the United States army have lately been sent to Matamoras under the pretext of protecting, the consul of the United States at that port, and have there established the Juarist authority by driving out therefrom General Cortinas, who had pronounced against it there. You proceed in your note to observe that this news, the official confirmation of which, however, had not been received by the French government, has fixed the attention of the Emperor’s government. That the alleged proceedings constituted a violation of the neutrality, on which the assurances of this government has authorized France to rely, and would also be opposed to the instructions which were addressed by this department to Major General Banks, who commands the United States forces on the borders of Mexico, and therefore you ask proper explanation thereupon.

In reply to your note I have the honor to say that the attention of the President was first directed to the transaction you have mentioned by a note which was written to this department by Don Matias Romero, the minister plenipotentiary of the Mexican republic residing at this capital, on the sixth of February last. Mr. Romero, in that note, represented that the dispute at Matamoras, which was the occasion of the proceeding of General Herron, now complained of, was a dispute between two military leaders, each of whom acknowledged the authority and acted under the orders of the Mexican republic. Taking that view of the subject, Mr. Romero insisted that the proceeding of General Herron was a flagrant violation of Mexican sovereignty, as well as a violation of the beforementioned instructions of this department to Major General Banks.

Upon receiving these representations of Mr. Romero, I called upon the Secretary of War for such information concerning this transaction as he possessed, and further requested that a full investigation thereof might he instituted. I have received from the Secretary of War certain papers which bear upon the transaction in question, but not yet the full report which has been requested. I have now the honor to place copies of these papers before you, namely, a report of Major General Banks, with the documents annexed, and to add to them an extract from a despatch of the United States Consul at Matamoras, which has been received at this department.

A declaration of the views of this government upon the proceeding of General Herron is necessarily reserved until the result of the investigation which has been ordered shall have been ascertained. I shall be happy, in the mean time, to receive any information upon the subject which the government of France shall find it convenient and desirable to submit in support of the views of that government which conflict with the representations of the Mexican government, as well as with the statements made by the military authorities and the consul of the United States.

I will add that General Banks has again been specially charged to do whatever is practicable to avoid any collision between the forces under his command and either of the belligerents in Mexico, and even to guard, so far as may be possible, against suffering any occasion to arise for dispute or controversy between his command or the authorities of Texas, and either or both of these parties.

Accept, sir, the assurances of my high consideration.

WILLIAM H. SEWARD.

Mr. L. de Geofrgy, &c., &c., &c.

General Canby to Mr. Seward

War Department, Washington City, February 10, 1864.

Sir: The Secretary of War instructs me to acknowledge the receipt of your letter of yesterday, transmitting a translation of a note addressed to you on the 4th instant by Señor Matias Romero, envoy extraordinary and minister plenipotentiary of the United Mexican States, inviting attention to a publication in the New York journals, during the month of January last, proporting to be a communication containing menaces, addressed from Brownsville on the 26th of December last, by Major General N. J. T. Dana, then commanding the United States forces in Texas, to the Governor of Tamaulipas, in the Mexican republic, and also to the Matamoras correspondence, published in the daily papers, in which it is stated that Major General Herron, now commanding United States forces at Brownsville, has sent troops into the city, of Matamoras, daring local disturbances in that city, in violation of Mexican sovereignty.

In regard to the alleged violation of the Mexican territory by United States troops acting under the orders of Major General Herron, the Secretary instructs me to transmit for your information the enclosed copy of a communication this day received, addressed to the general-in-chief by Major General Banks, commanding the department of the Gulf, with its accompaniments, which present a detailed account of the circumstances under which the temporary presence of the United States troops in Matamoras was deemed imperative for the protection of the United States consulate in that city.

On the subject of the alleged letter of menace addressed by Major General N. J. T. Dana, from Brownsville, to the governor of Tamaulipas, this department has at present no knowledge. As soon as any information the subject is received it will be communicated to you.

I have the honor to be, your obedient servant,

ED. R. S. CANBY, Brigadier General, Assisting Adjutant General.

Hon. Secretary of State, Washington D. C.

[Extract.]

General Banks to General Halleck

Headquarters Department of the Gulf, New Orleans, January 25, 1864.

General: I have the honor to transmit to you copies of despatches received from Major General F. J. Herron, commanding the forces of the United States on the Rio Grande, and giving in detail an account of affairs occurring on the 13th of January.

* * * * * * * * * *

The movement of troops into Matamoras, seems to have been necessary to enable the consul to leave the city.

N. P. BANKS, Major General, Commanding.

Major General H. W. Halleck, General-in-Chief, U. S. A.

Official copy:

J. C. KELTON, Assistant Adjutant General.

[Extract.]

General Herron to General Stone

Headquarters United States Forces on the Rio Grande, Brownsville, Texas, January 16, 1864.

General: I enclose herewith my report in reference to sending troops to the other side of the river for the protection, of the United States consulate, and believing it will interest you, I add some; other facts in connexion with the matter.

Upon arriving here I found Lerna, established as governor of Tamaulipas, but Ruiz, who had been appointed military governor by Juarez, was moving on Matamoras with 600 men. Colonel Cortinas was in command of the Lerna forces. Arriving near the town, commissioners from the two parties met and settled the matter in this way: Lerna to retire to his ranche; Ruiz to take his seat as governor; the troops of both parties to unite under General Cassistran, a Ruiz man, with Cortinas as second in command, and to march against the French at Tampico. Lerna at once vacated. Ruiz took his seat, and the troops of both parties were camped in the town.

As near as I can learn the agreement was violated in several particulars by both parties, and considerable feeling was created. On the afternoon of the 12th, about 4 o’clock, Cardenas, an officer of Colonel Cortinas, rode to Governor Ruiz’s house and insulted him; was arrested by the guard, carried into a back yard and shot within half art hour. This settled the matter, and at 8 o’clock, the same evening, the parties opened on each other with artillery in the plaza.

The fight continued thoughout the night, and until 12 o’clock the next day. During the night, at times, the musketry was severe, and I should say 250 shots were fired with artillery. Mr. Pierce was satisfied that an attempt would be made to rob the consulate, and had great apprehension for his family. The governor having officially notified me that he could not protect him, and believing that I could remove him without complicating matters, I sent troops over, feeling satisfied that under the circumstances I was only doing my duty.

During the fight the town and the road leading to the ferry were filled with robbers doing a good business, and had Mr. Pierce attempted to cross without a guard he would have been robbed, if not murdered. Both parties are perfectly satisfied with my action, although Ruiz complained somewhat that I did not aid him, claiming that the Mexican troops once aided the citizens of Brownsville in repelling an attack of this same Cortinas.

I have the honor, to be, with great respect, your obedient servant,

F. J. HERRON, Major General, Commanding.

Brigadier General C. P. Stone, Chief of Staff.

Headquarters, February 3, 1864.

Official copy:

J. C. KELTON, Assistant Adjutant General.

General Herron to General Stone

Headquarters United States Forces on the Rio Grande, Brownsville, Texas, January 15, 1864.

General: I have the honor to make the following report of circumstances that transpired on the night of the 13th instant:

About 8 o’clock in the evening we were startled by rapid cannonading and musketry firing, evidently going on in the streets of Mataraoras, just across the Rio Grande, which continued without cessation, and spreading over the greater portion of the town until 10 o’clock.

At this hour I received the following communication from Mr. L. Pierce, jr., United States consul at Matamoras:

“United States Consulate, “Matamoras, Mexico, January 12, 1864—10 o’clock p. m.

“General: A battle is now raging in the streets of this city between the forces of Governor Manuel Ruiz and Colonel Juan N. Cortinas. My person and family are in great danger, as the road between here and the ferry is said to be infested with robbers. I have also about one million of dollars in specie, and a large amount of valuable property under my charge in the consulate, and, from the well-known character of Cortinas and his followers, I fear the city will be plundered. I therefore earnestly request that you will send a sufficient force to protect myself and property, and to transport the money within the limits of the United States at the earliest moment possible.

“I am, sir, very respectfully, your obedient servant,

“L. PIERCE, Jr., “United States Consul.

“Major General F. J. Herron, “Commanding United States Forces, Brownsville, Texas.”

Within a very few moments the following, from Governor Manuel Ruiz, was handed to me:

“Matamoras, January 12, 1864—10 o’clock p. m.

“Sir: The forces commanded by Colonel Cortinas have attacked my positions, in this place. As this town is very extensive, I cannot protect all, nor guarantee the United States consulate and the large property of American citizens, of different nations, living in this town. For this reason I shall endeavor to repulse the enemy, and ask you the favor to send some troops over to guard and protect the said property, which it is impossible for me to protect.

“I ask you, general, to take this application of mine in high consideration, and to admit my profound respect.

“Your obedient servant,

“MANUEL RUIZ, “Governor of Tamaulipas.

“Major General F. J. Herron.”

I had, immediately after the firing commenced, despatched an officer (Colonel Black, 37th Illinois infantry,) to the United States consulate, with instructions to inform me at once of the condition of affairs, and hearing from him, also, that the road was infested with robbers, who were taking advantage of the lighting to rob and murder, and that the family of the consul could not get away without a guard, and the legal governor, recognized by President Juarez, having informed me officially that he could not protect him, I deemed it not inconsistent with my instructions to send a small force into the city of Matamoras for the purpose of removing the family of Mr. Pierce and the specie to this side of the river.

I therefore ordered Colonel Henry Bertram, 20th Wisconsin infantry, to send forty men to take charge of the ferry, to put one regiment under arms and call at my headquarters for further orders. Upon reporting, I instructed him to take four companies of his regiment across the river, and proceed to the United States consulate, and there to make proper disposition of his force to protect the United States consul and his property, and to remove them at the earliest possible time to this side of the river.

Instructing him, at the same time, in the most positive manner, not to interfere in the fight. I then replied to Governor Ruiz as follows:

“Headquarters United States Forces on the Rio Grande, “Brownsville, Texas, January 12, 1864—10½ o’clock p. m.

“Sir: Your note, date Matamoras, 10 o’clock p. m., is at hand. Mr. Pierce, the United States consul, wrote at 10 o’clock, urging me to send a force to protect the United States consulate, and at his request I despatched Colonel Bertram, with a small force to the consul’s house, to protect him in moving to this side of the river.

“The troops have positive instructions not to interfere with either person or property, and to take no part in the fight. They will protect the consulate until safely removed.

“Regretting exceedingly the troubles which surround you, and with the hope that you may soon quiet matters, I have the honor to be, with great respect, your obedient servant,

“F. J. HERRON, “Major General, Commanding.

“Governor Manuel Ruiz.”

At the same time I wrote to Mr. Pierce, informing him of the instructions given to Colonel Bertram, and requesting him to prepare for removal at once.

I also sent the following notification to Governor Ruiz, sending a similar one to Colonel Cortinas:

“Headquarters United States Forces on the Rio Grande, “Brownsville, Texas, January 12, 1864—10½ o’clock p. m.

“Sir: I have the honor to state that, owing to a battle now raging in the streets of Matamoras, between your troops and those of Colonel Cortinas, and the danger existing to the person and family of Mr. Pierce, United States consul, I have ordered Colonel Bertram, with four companies of United States troops, to proceed to the house of Mr. Pierce at his request, for the sole and only purpose of conveying them within the territory of the United States. The dangers from assassins and robbers on the road between here and your city seem imperatively to demand this course, which I take reluctantly, with every assurance to you that I shall commit no hostile acts upon Mexican territory, nor interfere in any manner with the fight now going on in your city. I have instructed Mr. Pierce to remove as quickly as possible, that I may withdraw the troops.

“I have the honor to be, with great respect, your obedient servant,

“F. J. HERRON, “Major General, Commanding.

“Governor Manuel Ruiz.’

Colonel Bertram proceeded without delay to the other side of the river, marching by the shortest route to the consulate, and placing his troops within the yard which is attached to the house, and such arrangements were then made as would prevent any possibility of interference by our men.

At 12½ o’clock I received the following note from Colonel Bertram:

“At United States Consulate, “Matamoras, January 12, 1864—12½ o’clock p. m.

“General: I have arrived at the consul’s house, and assure you he was very happy to see us. I marched the shortest route, the firing having stopped as soon as we appeared on the streets. The consul thinks Cortinas is gaining ground. I await further instructions.

“Very respectfully,

“H. BERTRAM, Colonel, Commanding.

“Major General F. J. Herron, “Commanding United States Forces.”

To which I replied as follows:

“Headquarters United States Forces on Rio Grande, “Brownsville, Texas, January 12, 1864.

“Colonel: Your note from the consul’s is at hand. You will remain in your position, giving the consul sufficient time to remove his family and the valuables in the consulate to this side. Again let me state that you will interfere in no way with the fight, but keep your men at their posts for the duty assigned them. Send a good officer with the troops at the ferry, and issue the most positive orders prohibiting straggling from the ranks or interference of any nature whatever with either person or property. Should a stray shot come near or even strike one of your men, that will not be considered a sufficient reason for your firing. I have notified both Ruiz and Cortinas of your presence in Matamoras and the purpose. Should you see either of the persons named, state fully what your instructions are.

“Your mission is a delicate one; be extremely careful.

“Respectfully,

“F. J. HERRON, “Major General, Commanding.

“Colonel H, Bertram.”

At 12½ o’clock I received the following from Colonel Bertram:

“At United States Consulate, “Matamoras, January 12—12½ o’clock p. m.

“General: I have received your letter. Your instructions are strictly obeyed, and I have sent the most stringent orders to Lieutenant Colonel Laughlin not to allow anything to be done that could be construed into a violation of your orders. Commissions from both Ruiz’s and Cortinas’s parties have been here to inquire into the object of our corning over. I told them what my instructions were, and both parties went away satisfied. The consul says he has about one million in specie in his possession, and that he cannot possibly remove it or his family until morning, I have not been able to learn positively which party is gaining, Ruiz still holds the plaza, and I think will hold it until morning.

“Respectfully,

“H. BERTRAM, Colonel, Commanding.

“Major General Herron, “Commanding United States Forces.”

The fighting ceased for an hour after the appearance of my troops; but learning that there was to be no interference, both parties went at it again, taking care, however, to keep some distance from the United States consulate. Matters continued so until daylight, when I sent a sufficient number of wagons to remove the family of Mr. Pierce and property from the consulate. At 7 o’clock a. m. of the 13th they were safely landed on this side, and the troops withdrew. The fighting in the morning was carried on bitterly until 12 o’clock, when the Ruiz party retreated, and were scattered in every direction. The casualties on both sides were about fifty killed and one hundred wounded. Among the killed was ex-Governor Alveus Lopez, a prominent Ruiz man.

Governor Ruiz’s forces numbered 800 men and four pieces of artillery, while Cortinas’s force was 600 men and six pieces of artillery. Considerable damage was done by the artillery to the town during the fight, and by lawless bands plundering, &c.

Colonel Cortinas has already announced himself as governor of Tamaulipas, while Governor Ruiz, General Rohez, and some other prominent officers, escaped and crossed to this side, and are now here refugees.

I have in this report given merely the facts in detail, and will not enter into any argument in justification of my course. Notified by the governor of the State that he could not protect the United States consulate, and with an appeal from the consul direct for protection for his family and property, I felt that it was unquestionably my duty to furnish a sufficient guard to remove him from the city, taking at the same time every precaution to prevent collision with either of the factions. I might here state that the English consul remained during the night at the United States consulate under our protection. * * *

In conclusion I would say that Colonel H. Bertram, of the 20th Wisconsin infantry, who commanded the troops that crossed over, performed the delicate mission in an admirable manner, and proved himself an officer of more than ordinary judgment. His officers and soldiers are entitled to thanks for their conduct.

I have the honor to be, general, with great respect, your obedient servant,

F. J. HERRON, Major General.

Brigadier General C. P. Stone, Chief of Staff, New Orleans.

Headquarters, February 4, 1864.

Official copy:

J. C. KELTON, A. A. G.