Mr. Otterbourg to Mr. F. W. Seward
No. 29.]
Consulate of the United States of
America,
City of Mexico,
April 30, 1867.
Sir: The army of General Porfirio Diaz, now for
12 days in undisputed possession of the environs and outlets of this
capital, has during the last week with slow but steady progress been
closing in about the city itself.
Already do the effects of a vigorous siege begin, to be suffered by the
masses of the population, with whom the struggle to procure means of
subsistence from day to day must too soon become, at the exorbitant
prices attained for articles of first necessity, more than difficult, if
not altogether impossible.
Contributions to the amount of $14,000 a day are levied in proportion to
an arbitrary assessment of each individual’s pecuniary resources but as
few are able promptly to meet such requisitions, the authorities fail
not to wrench money from delinquents by processes which it would be vain
to attempt to describe.
The current expenses, the pay and provisioning of troops are only
partially covered, and the treasury continues to be empty; of one
million of dollars produced, according to the report of persons with the
best opportunities for information, by forced loans and contributions
extraordinary and ordinary, no more than $300,000 has been able to be
accounted for by those charged with the collection and distribution of
the funds.
Commerce is suspended, business establishments, wholesale and retail,
generally closed, and all social intercourse is at an end. Yet,
notwithstanding the privations and sufferings hourly accumulating upon
230,000 inhabitants, shut up in this capital, so little unity of purpose
or spirit of community moves the masses, that the longest experience in
Mexican life could not set a period to a situation which days ago would
have driven another population into tumult.
On the reiterated inquiries of American citizens into some mode of relief
from the daily exactions of money, I at length resolved to call on
General Vidaurri, named by Prince Maximilian at Queretaro his minister
of finance and president of the ministry, with the intention to insist
on an exception in favor of citizens of the United States from the terms
of circular, enclosure No. 1. An abstract of what was said at this
interview will furnish perhaps the clearest report of the course I have
had to pursue in this delicate juncture of affairs.
I inquired of General Vidaurri whether he would hear my objection to the
circular. Invited by his reply to continue, I frankly told him that the
motive of my permanence in Mexico was to protect, in accordance with
instructions from the government of the United States, the interests of
their citizens within this consular district; I could not, therefore,
while remaining here allow it by my silence to be supposed that the
existing authorities had a right to exact from American citizens a
contribution towards the support of the war now waged in Mexico; the
payment of money for such an object would constitute them belligerents,
in violation of the neutrality which, as was understood, is the
condition of Americans residents here, and the negative advantage of
which I could not consent they should forfeit against their wishes as
expressed to me; if the minister of finance persisted in carrying into
effect the dictates of his circular and my protest proves unavailing, I
would leave the city rather than appear by my presence to submit to any
measure that could interfere with the letter or spirit of instructions
in regard to the protection of citizens of the United States. The chief
of bureau here interposed with the remark to General Vidaurri, that if
Americans were exempted, the subjects of other foreign nations would
advance the same right to exemption. I answered, it was not my mission
to discuss that point or to say how far other foreigners might be
entitled to exemption; were they neutrals and not represented by an
official in relation with the authorities, they ought, it appeared to
me, certainly to be excepted; but that sacrifices, where required of
foreigners, should be made by subjects of those governments which had
acknowledged the power at this city and had, through representatives,
manifested an interest in their maintenance; most assuredly such
sacrifices ought not to be looked for from Americans, who were the only
neutrals in Mexico. Admitting to General Vidaurri, however, that I had
no authority to interfere where any American citizens voluntarily
offered the quotas, in which they were assessed, I must, as long as the
consulate was crowded by parties crying out against enormous exactions
daily repeated, protest, as I do protest in the most solemn manner.
[Page 399]
General Vidaurri here engaged to communicate in writing his reply to my
observations, and, within a few hours, the original of enclosure No. 2
was received at the consulate.
On the 27th instant, not being disposed to incur the odium of farther
exactions, enforced by the authorities to uphold a cause he considers
hopeless, General Vidaurri declined to lend any longer his services in
official positions where, as rumor declares, he has gathered large
provision for himself against future vicissitudes.
Following the interview above reported, which soon became public through
the anxiety of numbers interested in the result, the European
representatives made it known, that if the circular was not withdrawn,
they would demand their passports.
Enclosures Nos. 3 and 4 give the note upon this announcement and the
reply thereto, in consequence of which relations are at this moment
suspended between foreign powers and the authorities in the palace of
the government, of which I was officially notified by the senior members
of the diplomatic corps.
The action of these representatives plainly indicates a design to draw a
distinction between European policy in Mexico and that of the United
Statse, with a settled effort to cast upon our government the moral
responsibility of the actual situation, and thus to force upon it a
direct intervention in the affairs of this country.
A more immediate consequence of the verbal protest made to General
Vidaurri was a communication, No. 5, from citizens of the Hanseatic
League, resident in Mexico, which, together with my response No. 6,
supplies the department with the necessary information upon this subject
in view of what has been previously transmitted in despatch No. 25, of
April 17th ultimo. Again urged by prominent liberals and others to
negotiate with General Porfirio Diaz the departure of families from the
besieged city, I have as constantly given the answer, that whenever the
corporation, as legal guardian of the capital, should invoke an
interference, my good offices would be employed in behalf of its
helpless inhabitants.
My reply to the French minister, who called at this consulate to express
his anxiety on account of Prince Maximilian’s personal safety, and in
ignorance, as he said, of my instructions, desired an opinion of what
might be done to preserve his life, was also to the effect that my
services could always be exerted on the side of moderation and
humanity.
Baron Magnus, minister of Prussia, is credited with exerting every effort
to retain Prince Maximilian on the throne of Mexico, not from a regard
to his interests, but rather to secure for Prussia the sympathies of
Austria against France. The same minister has been encouraging
negotiations with General Diaz, directed to secure guarantees for the
remainder of the Austrian Legion in the service of Maximilian. To these
overtures General Diaz has replied without variation, that if the
Austrians disbanded and engaged no longer to serve as soldiers in
Mexico, he would pay their expenses and look to their safe embarcation
for Europe; otherwise, he would shoot them whenever they were caught in
arms against the government of his country.
Impressed with the injustice of leaving American citizens to bear losses
suffered by embargoes, and the arbitrary acts, civil and military, of
the so-called imperial authorities, for which there is not even a remote
prospect that the constitutional government will entertain any
reclamation, I have endeavored, unofficially, to obtain from the
treasury some indemnity for a class of wrongs which merit attention the
more as the aggrieved parties were in the pursuit of pacific and
ordinary occupations; and while encouraged in such unofficial exertions
in favor of citizens of the United States by the tenor of despatch of
January 12th, 1867, from the department to this consulate, in reference
to the case of Mr. Charles Moorhead, I have been careful ever to avoid
“any acknowledgment
[Page 400]
by
implication of legal authority on the part of the empire of the French
or the Prince Maximilian in Mexico.”
Regardless of the suspicion in which all foreigners are held, and the
precaution taken by this consulate to anticipate any excuse on the side
of the authorities to molest our citizens, two Americans have been
arrested and are now imprisoned; the one, Mr. Pedro Daicour, director of
a college, for many years a resident of Mexico, is accused of complicity
in a conspiracy to seduce and deliver over to the besiegers one of the
fortified gates of the capital; the other, M. B. C. Barksdale, editor
and proprietor of the Mexican Times, a paper salaried by the ministry,
of which the evidence exists in this consulate, is charged with the
publication of seditious and subversive articles. My intervention in
these cases has been, in the actual state of irritation against
foreigners, restricted to insisting with the prosecuting attorney on the
right of the accused to an early examination, and to be held to answer
on bail, provided the evidence against them permitted, until a final
trial of their cause could be had.
Two other Americans are reported to have left the city in the character
of spies into the liberal camp, where they have been apprehended and are
detained as prisoners.
I have the honor to be, very respectfully, your obedient servant,
MARCUS OTTERBOURG, U. S. Consul in charge of
United States Legation.
Hon. F. W. Seward,
Assistant Secretary of State, Washington, D.
C.
[Translation.]
Ministry of Treasury: If the imperious law
of necessity straitens the government to impose loans upon private
individuals in order to provide itself some funds with which to
cover the pay of the troops and to meet other expenses of war, which
circumstances demand, it has been proposed at the same time that
these sacrifices should not fall solely on a determinate number of
persons, but on all who have any possibility of making them,
according to their abilities, so that in this manner such sacrifices
may be less burdensome to individuals, and that the entire amount
which must be delivered may be paid in instalments, for the greater
convenience of contributors.
To this end the government has provided that an assessment be made
amongst all persons in this capital who have means sufficient to pay
the amounts assigned them, which apportionment shall be equivalent
in amount to the daily estimates for the troops, and some part of
the most indispensable extraordinary expenses, the individuals
assessed completing the said amount by the trivial advance which is
absolutely necessary.
In virtue thereof and after having heard the views of various persons
who merit the confidence of the government for their probity and
their reputation they enjoy in public, I have assigned to you the
amount of two hundred dollars ($200) daily, which you will place in
the treasury without awaiting a call upon you for it, with immediate
payment of the amount corresponding to four days, reckoning from
to-day and successively every three days in advance.
This loan shall continue during the time strictly necessary, for as
soon as the new contributions decreed commence to produce what is
expected or other resources are provided, it shall cease altogether
or in greater part; but, as exemptions or deductions cannot be
granted, for they would lessen the amount reckoned upon each day,
you must abandon every petition or representation directed to this
end, because with pain I find myself prevented from giving them any
attention, and I shall be obliged to communicate the facts to the
most excellent lieutenant general of the empire, in order that he
may dictate thereon the measures he shall think proper.
I desire sincerely that such an event should not take place, and that
lenders avoid the vexatious proceedings and disgusts which measures
of pressure employed by the military authorities generally
produce.
I have repeatedly manifested the same to all who have attended at
this ministry to discuss the subject, and on them it depends whether
my purpose be attained or they suffer the consequences of a denial
to perform the service which the situation demands.
VIDAURRI, The President of the Ministry
and Minister of Finance.
[Page 401]
[Translation.]
In virtue of the conference which you held with me this morning, in
behalf of American citizens resident in this capital, whose
protection is commended to you, I manifest that, acceding to your
desires, no forced loan nor any other service shall in the future be
imposed upon them.
VIDAURRI, The President of the Ministry
and Minister of France.
Marcus Otterbourg, Esq., Consul of the United States.
[Translation.]
For more than two months the undersigned representatives of the armed
powers residing in Mexico have not ceased to protest, verbally or in
writing, against the forced loan and various vexations to which the
subjects of their respective governments have been subjected by the
imperial government. Not only have their representations not been
noticed, but a more stringent measure has now been decreed. The
greater part of their countrymen are condemned to pay a daily quota,
and the circular written on the occasion seems to be intended to
implicate all who are interested; for it clearly says that “the
quotas thus collected shall be used to pay the expenses of the army
and other expenses of the war; that the collection will be continued
as long as circumstances require it;” that means as long as the
siege of the capital lasts. Again, “those who refuse to pay are
liable to be reported to the military authorities, to be treated as
these authorities see fit.” Wishing to avoid every cause of dispute,
the undersigned called on the minister of foreign affairs yesterday,
and he being absent, they stated to Mr. Peredo that the act was
contrary to international law and to existing treaties between the
governments, and requested the repeal of the law, in so far as their
countrymen were concerned. Mr. Peredo told them the question would
be submitted to the council of ministers on Wednesday. They repeated
their request yesterday, asking that the council meet to-day, and
that the execution of the decree be suspended till a decision could
be made. Mr. Peredo informed the dean of the diplomatic corps this
morning that the lieutenant general of the empire refused to grant
their request and did not think proper to suspend the measure, nor
convene the council of ministers before the usual time of meeting.
The business was so important that it ought not to be delayed. The
undersigned see in this refusal an uncivil act to their respective
governments as well as to themselves, and they justly complain of
it.
The undersigned moreover are aware that the execution of the decree
is about to be enforced, for many of their countrymen have been
notified to pay their quota to-day. They can do nothing against
this.
The undersigned, conscious of having done all they could, regret to
be obliged to cease all relations with the imperial Mexican
government, till circumstances allow them a further decision.
The undersigned avail themselves of the occasion to offer to his
excellency the minister of foreign affairs the assurances of their
high consideration.
MARQUIS RIBERA, Spanish
Minister.
ALPH. DANO, French Minister.
A. DE MAGNUS, Prussian
Minister.
FREDERIC HOORICKS, Belgian
Chargé
F. CURTOPASSI, Italian
Chargé
BARON de LAGO, Austrian Chargé.
C. MIDDLETON English Chargé.
Mexico,
April 29, 1867.
[Translation.]
The undersigned sub-secretary of foreign affairs, on account of
indisposition of his excellency the minister, has the honor to
advise Frederick Hooricks, esq., chargé d’ affaires of Belgium, that
having notified his excellency the lieutenant general of the empire
of the collective note which the gentlemen representatives of
friendly nations resident at this court addressed to this ministry
under date of 29th ultimo, has received an order from his
excellency, after consultation with the council of ministers, to
reply that the imperial government is informed (received as
information) that the aforesaid representatives have declared that
they cease all relations with it, hoping that circumstances may
permit them to take an ulterior decision.
[Page 402]
On communicating it to the charge d’affaires of Belgium as one of the
signers of note cited, the undersigned has the honor to repeat the
assurances of his distinguished consideration.
Frederick Hooricks, Esq., Chargé d’ Affaires of his Majesty the King of
the Belgians.
[Untitled]
We, the undersigned, citizens of the Hanseatic cities, Hamburg,
Lubec, and Bremen, and residents in the city of Mexico, respectfully
represent that we have on repeated occasions applied in vain for
protection to our representative, the consul general of the
Hanseatic cities. But he, from motives it would be unnecessary and
ungracious here to dwell on, finds himself unable to make any move
towards the protection of our interests and personal liberties
against the exactions and violent measures resorted to by the
Mexican authorities, for the purpose of extorting money to sustain a
situation wherein we have as foreigners observed a strict
neutrality. That in view of these facts our urgent and constant
instances addressed to the said consul general, to the end that he
should solicit formally through the consulate, of which you are in
charge, the protection of the United States, generously proffered to
us on proper application, have been as invariably disregarded or
evaded. Therefore, no longer able to endure with patience the abuses
and attempts hourly aimed against our liberties and property, we
have resolved to leave aside all minor considerations, and in a body
do request you, as agent of the only foreign government whose
citizens are distinguished by any forbearance on the part of the
authorities, to exert in defence of our dearest interests, as consul
of the United States, that influence which has proved so efficacious
in the protection of American citizens. And we trust that the perils
by which we are encompassed in the actual critical period shall
justify this, our application, made in a manner so little in
accordance with the forms of the circular which authorizes your
action in our behalf, as consul of the United States.
We are, however, emboldened in a deviation from these forms and
requirements under the firm conviction that the government of the
United States will approve the action of their consul in Mexico on
extending to us, at this dangerous crisis, a measure of that
protection which, under far different circumstances, it was accorded
that we, as citizens of a friendly commercial power, were at liberty
to claim.
LEFFMANN Y GUTHIEL, (H.)
SCHMIDT BOURYOU, (B.)
PHILIPP, SIMON & CO., (H.)
JULIUS ANDERSON, (H.)
HEYMEL, BONNE &, CO.,
(H.)
HAAS & DILLENBURGER, (H.)
ADOLFA PHILIPP, (H.)
O. MEENARDUS, (H.)
BREHM & CO., (H.)
A. HANSSEN & CO., (H.)
WM. BURCHARD & CO., (H.)
JUAN TEISSEN, (H.)
H. C. HOFFMAN, (H.)
JULIUS F. WHINK, (B.)
AUGUST HOLTING, (H.)
JOSI WHLIEN SING, (H.)
A. WISSEL & CO., (B.)
PP GEO. LOHSE Y UHRLAUB, (B.)
H. GEORGE SEISSEN, (H.)
Marcus Otterbourg, Esq., United States Consul, Mexico.
[Untitled]
Consulate of the United States,
Mexico,
April 29, 1867.
Gentlemen: Your very important
communication of the 27th instant has been received, and its
contents are of so serious a nature as to have demanded the most
earnest consideration on my part.
I had previously to its receipt forwarded to the government at
Washington a statement of your case, with a request for instructions
as to my action in regard to citizens of the Hanseatic League.
As, however, no reply, which must definitely shape my conduct, can be
expected for some time yet to come, and the urgency of your
defenceless situation calls for an immediate
[Page 403]
decision, I believe that the perils to which
foreigners are at this moment exposed will fully justify me with my
government in exerting officiously the, influence of this consulate
in favor of the citizens of Hanseatic cities with which the United
States enjoy the most friendly commercial relations.
It is, however, my duty to remark that on arriving at this decision I
have determined to pursue, under no circumstances whatsoever, any
line of conduct which might by any possibility bring me in
opposition to the established authorities in Mexico.
Your obedient servant,
MARCUS OTTERBOURG, United States
Consul.
Messrs. Leffmann y Guthiel, Heymel, Bonne
& Co., Philipp, Simon & Co., and other citizens
of Hanseatic cities resident in Mexico.
