Mr. Otterbourg to Mr, Seward
No. 9.]
Consulate of the United States of
America,
City of Mexico,
February 10, 1867.
Sir: I have to announce the evacuation of this
capital on the 5th instant by the French forces under command of Marshal
Bazaine in person, which I communicated on the same day by telegraph to
our consul at Vera Cruz, authorizing him to report the fact officially
to the department. This event was precipitated by an entire rupture of
all relations some five days previous between Prince Maximilian and his
excellency. The day preceding his departure the marshal published a
farewell address, enclosure No. 1, to the inhabitants of Mexico, which
may be regarded both as an apology for what had been done as well as for
what should have been done under more propitious circumstances.
With a design of observing events, and of being in a position to act as
the condition of affairs might require, the French forces encamped at
but a short distance from the capital on the day of the evacuation. Had
the imperialists employed, as it was reported to be their intention,
unnecessarily severe measures to suppress a movement rumored to be
initiated by the liberals in the city, the marshal would have interposed
his forces; while if the liberals succeeded in mastering the capital,
his excellency would be near by, and prepared to enter into negotiations
with the successful party.
General Marquez, the chief of the second military division, took
immediate command of the city, of which in an address and proclamation,
enclosures Nos. 2 and 3, he advised the population on the morning of the
6th. Inasmuch as by this proclamation General Marquez places the capital
under martial law, and assumes irresponsible powers of judgment and
exercise of will, I determined to address him a note, of which enclosure
No. 4 is a copy. His reply, enclosure No. 5, refers my communication to
the minister of foreign affairs for a decision of the points involved in
the inquiries directed to the commander-in-chief. The proclamation has
awakened much excitement and disquietude among the representatives of
the nations who have recognized the empire, and induced a meeting of the
diplomatic corps for a discussion of the measures proper to be taken in
order to meet the dangers threatened by a state of affairs so suddenly
brought into existence. Acting with entire independence of all other
foreign agents, from the relative position of the United States and the
authorities here, I have found it necessary to recur to different
measures which might secure the interests of American citizens, and the
honor of the flag that covers them.
The finance minister, from the unsatisfactory results of the forced loan
imposed upon capitalists, as communicated to the department in a former
despatch, has appealed to a general contribution of one per cent, upon
property and values of every kind, enclosure No. 6. The decree
authorizing this contribution, though unquestionably designed to obtain
resources for the maintenance of civil war, gives but little room for
direct protest against its provisions. I have, while awaiting the result
of the protest from the foreign ministers against the exaction of this
new forced loan, made by a skilful mode of imposition, applicable alike
to foreigners and natives, desired citizens of the United States, who
have
[Page 357]
sought advice upon the
subject at this office, to return on the 11th instant, the day named for
the collection of the first instalment, when I could probably give a
decisive opinion as to the most effective course to be adopted. Contrary
to all expectations Maximilian still remains in the palace, and there
exists the same uncertainty as to his continuance or departure as
prevailed previous to the retirement of the French army from the
capital. Our reports announce the French to have reached San Martin, 20
leagues from Mexico, on the high road to Puebla, in prosecution of their
march towards the port of Vera Cruz.
Official information was last night received of the rumors of Miramon’s
complete rout at San Jacinto, a point between Zacatecas and Aguas
Calientes, with the loss of his entire army, artillery and military
chest. He himself escaped to Queretaro, accompanied by several officers,
and was joined at the same city by General Severo Castillo, now in
command of Mejia’s division, who had fallen back with his forces from
Leon on learning the defeat of his chief.
President Juarez is believed to be at San Luis Potosi with the officers
of his government.
The imperial General Tabera has suffered a severe disaster while
returning from Toluca, whither he had gone with a column of 1,000 men to
cover the withdrawal of the garrison into Mexico. The blow was inflicted
by General Velez, an officer who a short time ago pronounced in favor of
Ortega against Juarez and the empire.
The most accurate information gives the number of foreign soldiers at
present in the service of the empire at 1,500 men of all arms. These
men, rejecting the offer of a return to Europe extended by the French
government through Marshal Bazaine, have remained at their own risk and
peril in this country.
Business enterprise and commercial activity, which for months past have
been declining, are now completely paralyzed in consequence of the
condition of the political situation and the heavy contribution.
I have the honor to be, very respectfully, your obedient servant,
MARCUS OTTERBOURG, U. S. Consul in charge of
United States Legation.
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
Expeditionary Corps of Mexico.
Mexicans: Within a few days the French
troops will leave Mexico.
During the four years that they have resided in your beautiful
capital, they have had none but motives to congratulate themselves
upon the sympathetic intercourse which has been established between
them and its inhabitants.
It is, therefore, in the name of the French army under his command,
as also from the impression of personal sentiments, that the marshal
of France, commander-in-chief, takes leave of you.
I address you, therefore, our desires in common for the felicity of
the generous Mexican nation.
All our efforts have aspired to establish internal peace. Be assured,
and I declare it at the moment of leaving you, that our mission has
never had other object, and that it has never entered within the
intention of France to impose upon you any form whatever of
government contrary to your sentiments.
MARSHAL BAZAINE.
Headquarters, Mexico,
February 3, 1867.
[Translation.]
The General-in-Chief of the 2d army corps to the inhabitants of this capital:
Compatriots: I have just taken charge of
this beautiful city, and as you know me, I believe it to be
unnecessary to say anything. You have proof that I know how to
sacrifice myself for what is confided to me, and I will perish
sooner than permit the slightest disorder.
[Page 358]
Consequently, I have taken all my precautions
for your security. I have the armed force necessary, and you for
yourselves are about to see in what manner this plaza is garrisoned.
I hope there may be no restless character who shall entertain the
mad pretence of disturbing the peace, that I may not find myself
under the sad necessity of applying the law, to which I am firmly
resolved.
LEONARDO MARQUEZ.
Headquarters, Mexico,
February 5, 1867.
[Translation.]
Leonardo Marquez, General of Division and Chief of the Second Army
Corps.
Be it known, although there is no motive actually for alarm in the
capital, these headquarters having the obligation to foresee every
eventuality, however remote, in the use of the faculties which the
ordinance concedes, has thought proper to decree:
Article 1. The great bell of the cathedral,
which shall be sounded for the space of ten minutes, will give the
signal of alarm for the city.
Article 2. On the sounding of said alarm
all inhabitants of the city will retire to their dwellings and
remain therein, with closed doors, and not go out again, or appear
at the balconies, windows, or upon the azoteas (flat roofs) until the alarm shall cease, which
will be announced by the ringing, for an equal length of time, of
the large bell of the cathedral.
Article 3. Every individual, be his rank
what it may, who, in any manner, shall infringe the foregoing
article, will be punished by the government directly, according to
the circumstances of his fault.
Article 4. Consequently, the armed force,
which shall be conveniently posted for the security of the
population, will receive orders to imprison the culpable, and to
employ force should it be necessary.
Article 5. Equally, those shall be punished
or consigned to the tribunal to which it corresponds, who arm
themselves without the knowledge of these headquarters; who
discharge or fire arms, or cause alarm by means of any detonation;
who make any demonstration of hostility; who use subversive
expressions; who utter aloud alarming or seditious cries, or who, in
any manner, excite the slightest disorder.
Article 6. Immediately as any fire-arm is
discharged, or any detonation heard, the armed force will present
itself at the house where the shot may have proceeded, or the
detonation been produced; the door will be opened in the ordinary
way, or by force; the culpable party will be apprehended, and if he
be not found all the inmates of the dwelling will be punished in
conformity with article 3 of this edict.
Article 7. From the moment that it is
annouuced to the city that the alarm has ceased, all the inhabitants
are at liberty to open their doors, go out into the streets, and
engage in their occupations, with the single circumstance of not
committing any disturbance, because, in case of so doing, it will be
repressed as herein provided.
Given at headquarters,
Mexico, February 5, 1867.
The General-in-chief, L. MARQUEZ.
Mr. Otterbourg to General Marquez
Consulate of the United States,
Mexico,
February 6, 1867.
The consul of the United States of America finds himself, in
consequence of the proclamation of his excellency General Leonardo
Marquez, dated yesterday, 5th instant, under the obligation imposed
by his position as guardian of the American flag and the interests
which it represents under the guarantees of treaties, to make
respectfully the following inquiries of the general-in-chief in
command of this capital:
Whether the third article of his excellency’s proclamation includes
legations, consulates, and other foreign agents; whether the person
in charge of the United States legation and archives should be
expected to open the doors of the house where that property is kept
to any party, armed or unarmed, who might demand admittance thereto;
and whether, in view of the second article of the proclamation
already quoted, American citizens, without any interference in the
political questions of Mexico, occupied solely with their daily
pursuits, shall have free access to the consulate of the United
States.
Upon the reply to these inquiries, which only as a duty the
undersigned addresses to his excellency the general-in-chief,
depends the answer to the many peaceful citizens of the United
States, who, under the existing circumstances, have applied at this
consulate, soliciting guidance for conduct in which may be involved
their dearest interests.
The undersigned has the honor to assure his excellency the
general-in-chief of his distinguished consideration.
MARCUS OTTERBOURG, U. S. Consul in charge
of United States Legation.
His Excellency General Leonardo
Marquez,
Commanding Second Corps.
[Page 359]
[Translation.]
General Marquez to Mr. Otterbourg
SECOND ARMY CORPS—GENERAL-IN-CHIEF—No.
1074.
Mexico,
February 6, 1867.
The general-in-chief of the second army corps has the honor to
acknowledge to the consul in charge of the legation of the United
States the receipt of his note of this date, and to state that as it
contains matters to be decided by the minister of foreign affairs,
the original has already been referred to that department.
I avail myself of this opportunity to present to the consul in charge
of the legation of the United States the assurance of my high
consideration.
L. MARQUEZ, General-in-Chief of the Second
Corps of the Army.
Mr. Marcus Otterbourg,
Consul in charge of the Legation of the United
States of America.
[From the Diario del Imperio, February 4,
1867.—Translation.]
Ministry of the Treasury,
Mexico,
January 28, 1867.
Sire: In the report which I had the honor
to present to your majesty upon the resources on which you can rely
to cover the public expenses, I made known the necessity of an
extraordinary expedient for the formation of a fund wherewith to
equalize, as far as practicable, the income and disbursements, while
the laws for contributions are in progress of execution, and produce
the result which I expect from them; since, for the moment, the want
is seriously felt of the products of the maritime custom-house of
Vera Cruz, which to-day cannot be disposed of. I indicate to your
majesty the extraordinary recourse of a forced loan, not because
this odious means of providing resources forms a part of my system,
but because, after having endeavored to contract a small voluntary
loan, to be promptly returned under sufficient guarantee, it was
brought to my notice, in the name of several proprietors, that the
exaction of a loan, with the character of a forced loan, would be
well received, and would be collected without contradiction. Under
this impression I adopted the means, although with repugnance,
consigning at once the products of a branch of the treasury to the
reimbursement of the contractors of the loan. But if, in fact, some
few of the persons assessed have commenced to pay up the amounts
assigned them, the generality resist and compel the government to
adopt coercive means in order that its provisions may not prove
illusory.
With the energy which the want of resources requires, the exaction of
the loan will be able to be carried into effect, and the ministry in
my charge would thus notify the executors of the measure, were there
not another way of obtaining the end proposed with more certainty,
greater generality in the imposition, and the absence of even the
slightest motive of any well-founded ground of complaint. Inasmuch
as the loan cannot be extended to a great number of persons, nor be
partitioned in strict proportion, from the want of exact data, the
end proposed can be obtained without their inconvenience by the
products of an extraordinary contribution, which, falling upon the
mass of contributors, will lessen the weight of the exaction, and
its quotas be graduated from precise data already existing.
Frequently in Mexico recourse has been had to the imposition of a
contribution equivalent to one fixed upon capital invested in real
estate or in business; tax-payers were already habituated to it, and
have always received it with less repugnance than, the loans; and
although the basis is not in conformity with any rentistic system,
and never would be, on account of the repetition of the impost, as
has been done in former years, at present, when the ordinary
contributions have diminished considerably, when they were at the
highest rate, I resolve to propose to your majesty to decree its
imposition, for this sole occasion, in preference to the loan, and
calculating that even with its imposition the tax-payers will pay on
real property less than in the past year.
As to those who pay upon industrial and mercantile establishments,
they will be taxed more than the preceding year, because the license
duty was extremely low; yet they will contribute extraordinarily
less than the proprietors of real estate, in proportion to their
respective capitals, in view of the fact that capital employed in
mercantile pursuits incurs the risk of being lost or diminished,
while that invested in real estate can only be temporarily
unproductive, without diminution; and in respect to industrial
establishments, they will pay less than the mercantile branches,
because, besides the previous considerations, their profits proceed
more from industry of man than from the amount of capital
invested.
The annexed project of a decree, which I have the honor to submit to
the enlightened examination and sovereign approbation of your
majesty, unites brevity in the proceedings, which the circumstances
demand, with the greatest possible equality in the apportionment,
[Page 360]
as flowing from the same
bases which are actually serving for the collection of the ordinary
contributions, and, as is just, contains the provision that the
amount paid to date on account of the loan, by the persons among
whom it was disbursed, will be credited to the one per cent.
extraordinary.
Should the project meet the high approbation of your majesty, you
will deign to sign the decree, or determine what may be your
sovereign pleasure.
Sire, the under secretary of the treasury, charged with the
ministry,
Maximillian, Emperor of Mexico.
In virtue of what our under secretary of the treasury in charge of
the despatch has manifested, and after hearing our council of
ministers, we decree:
Article 1. To meet the estimates of the
public administration during the present year, every capital of one
thousand dollars and upwards, whether employed or to be employed in
any branch of industry, shall pay a contribution of one per
cent.
Art. 2. This contribution shall be paid in
two equal instalments—the first within the first six days, exclusive
of feast days, reaching from the day following the publication of
this law at any place, and the second fifteen days after the
completion of the first-named term, within the six following
days.
Art. 3. This contribution is due upon and
is to be collected where the property is situated; but in the
capital of Mexico and points of the valley it shall be collected
from the tax-payers who reside therein, although they may hold their
property in other departments; and the obligation which this loan
imposes upon the owners of capital shall, in their cases, be
discharged by their managers, whether under the name of
administrators or on account of infirmity, absence, minority, legal
interdiction, sequestration, partnership, or usufruct of the
owner.
Art. 4. This contribution, which is imposed
once for all, shall be exacted in the following manner: That
assessed upon rural and urban property shall be collected upon the
value at which these have been appraised to the end of December of
the last year, just passed, for the payment of the contribution on
real estate in the last four months ending with the said December.
For capital employed in mercantile pursuits the collection shall be
made by triplicating the quota which every person ought to have paid
in one year for a simple contribution, and not double, according to
the last qualifications under which the payments of the last four
months of the year 1866 were made. The branches of business opened
the present year will be assessed by analogy with others of equal
kind, should they not be already classified. An amount equal to one
year’s payment, according to the existing assessment, shall be
collected upon industrial establishments. For mining concerns and
others difficult to be classified, the collection shall be made upon
the manifestation which the owners or their representatives shall
have given in writing within the term fixed in article two, in the
intelligence that if, after payment, it shall result that the truth
has been concealed in the manifestation, either by diminishing the
amount of capital or making it appear less by any other method, the
facts shall be exposed at the collectors’ offices, and double the
amount, or two per cent., shall be charged to those who have
presented false manifestations.
Art. 5. There are no exceptions to the
payment of this contribution, not even in favor of those mercantile
or industrial companies which by any right whatever may have been
excepted in former cases.
Art. 6. Proprietors of rural or urban
estates upon which mortgages exist are allowed to deduct from the
amount one per cent, of the amount of the total value of his
payments without injury to the especial contracts which they may
have entered into.
Art. 7. In this capital the payment of the
contribution to which the present law refers shall be made in the
general direction of rents, to which effect an especial section is
established, charged exclusively with the collection and delivery of
the products into the general treasury.
Art. 8. In towns and places beyond the
capital the collection of this impost will be taken in the offices
of direct contributions.
Art. 9. The collectors of this contribution
and their agents will employ the economico-coactive authority to
make effective the collection within the term indicated, and will be
assisted by the public authorities in all cases where force is
required.
Art. 10. Those who shall have paid any sums
of money under the last forced loan imposed by the government, with
guarantee of a branch of the public treasury for its return, shall
be paid from the funds of the present contribution, crediting them
in the amount they have paid or returning them what may appear to
their credit, according to what corresponds to each individual.
Art. 11. All those who, from any motive
soever, shall delay or neglect to present their returns during the
days named as the first term, shall suffer the penalty of paying
double the
[Page 361]
amount of this
impost on the qualification which the respective officers shall
make, and without a right to future reclamation.
Art. 12. Our ministry of the treasury is
charged with the execution of this decree.
MAXIMILIAN.
Given in Mexico,
February 1,
1867.
By the emperor:
JOSÉ
MARIANO CAMPOS, Under Secretary of the
Treasury in charge of the Despatch.
