Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress

[Translation.]

Mr. Romero to Mr. Hunter

Mexican Legation in the United States of America, Washington, August 1, 1865.

Mr. Acting Secretary: I have the honor to enclose to you a copy of a note which the consul general of Mexico, residing in New York, addressed to me under date of yesterday, calling my attention to the annexed advertisement published in the World of the 29th of July last past, by Don Luis Arroyo, who calls himself the consul named for that city by the so-called Mexican empire.

I deem it proper to call to notice that Don Luis Arroyo, under the title of commercial agent, is about to exercise, as is advertised, all the functions to which he might be entitled if he were the true consul of Mexico, with the respective exequatur of the government of the United States. For this reason I beg you to have the goodness to communicate to me the views of the government of the United States upon two points, upon which I require to fix my ideas before adopting an opinion upon this matter. The first is, whether the government of the United States considers that the ex-Archduke Ferdinand Maximilian has the right to appoint in this country commercial agents who shall publicly exercise the functions of consul, or whether this right belongs solely to the governments whose existence is neither doubtful nor questionable.

According to my understanding, this government only sees in the republic of Mexico a war between it and France, without recognizing there Maximilian, not even as a government de facto.

The second point is, whether such commercial agents can exercise the functions of consuls, not only without a formal exequatur, but also without any other sort of permission or recognition from the government of the United States.

I must make known to you that up to this period the French consul in New York had been performing the functions which Don Luis Arroyo pretends now to exercise, which was perhaps more logical and manifested more consideration for the government of the United States, inasmuch as the French consul has an exequatur from this government, and represents more genuinely the order of things established in Mexico by the army of Napoleon III. The change which is now made seems to be directed to manifest that the government of the United States tacitly recognizes as a government de facto the work of the French intervention in Mexico.

I avail myself of this opportunity to reiterate to you, sir, the assurances of my distinguished consideration.

M. ROMERO.

Hon. William Hunter, &c., &c., &c.

[Enclosure No. 1.—Translation.]

Consulate General of the Mexican Republic In the U. S., New York, July 31, 1865.

In the number of the World dated the 29th instant, a Mr. Arroyo, who calls himself the consul of the Mexican empire in the city of New York, has published an advertisement, of which I enclose you a copy, in which he gives notice to the merchants of this port who may send effects to Mexico, that all the certificates of invoices and manifests must be authorized by himself, and not by the undersigned.

As it is well known that the said Mr. Arroyo cannot exercise in this country consular functions, because he has not the exequatur of the government of the United States, a requisite which I alone possess, I have the honor to bring this fact to the knowledge of your legation, that you may, if you deem it proper, obtain from the cabinet of Washington a measure that will put an end to this abuse, through which the laws of this country are mocked, which provide that in order to be enabled to perform the duties of consul, the exequatur of the President is required.

I have the honor to protest to you on this occasion my most distinguished consideration.

Independence and liberty!

JUAN N. NAVARRO.

The Señor Minister Plenipotentiary Of the Mexican Republic at Washington.

[Enclosure No. 2.—From the World, of July 29, 1865.]

Trade with Mexico.—Decree of Maximilian with regard to invoices and manifests of merchandise forwarded to Mexican ports.

New York, July 28, 1865.

To the Editor of the World:

Sir: Desiring that the commercial community may come to the knowledge of the adjoining decrees, I request your kindness to order its publication in the columns of your valuable journal, and oblige your most obedient servant,

LOUIS DE ARROYO, No. 42 Broadway.

Department of the Treasury, Mexico, January 24, 1865.

(Section 1.—Circular No. 35.)

Consuls and vice-consuls from the empire of Mexico having been already appointed and residing in foreign countries, it appertains to them to legalize the invoices and manifests of merchandise forwarded to our ports, and also all documents required by the laws to be legalized. The agents appointed by the administration of Don Benito Juarez will cease in their functions, as such administration came to an end since the 31st of May, 1863.

Therefore, I would direct you, by order of his Majesty the emperor, to notify the commerce of that city that hereafter all such above-stated documents must be indispensably legalized by the agents of the empire. All invoices and manifests of vessels coming into the ports of said empire, certified by the former agents, whose appointments have not been renewed by the actual administration, shall be considered of no value, and shall not produce any legal effect or evidence whatever.

All which I communicate to you so as to have the same duly published, hoping that when you will acknowledge the receipt of this order you will inform me the day that the publication has been made, in order to advise it to the collectors of the custom-houses on the sea-ports.

M. DE CASTILLO, Sub-Secretary of the Treasury.

Louis de Arroyo, Consul, acting as Commercial Agent, New York.