No. 475.
Mr. Foster to Mr. Fish.

No. 124.]

Sir: On the 22d instant I received from the minister resident at this capital, of the German Empire, Count Enzenberg, a communication, (inclosure 1,) with which he transmitted a note which he had received [Page 739] from the Mexican minister of foreign affairs, Mr. Lafragua, in reply to a note conveying the information that on the 22d instant, the birthday of the Emperor of Germany, the flag of that empire would be displayed from the house of the German legation; in which reply Mr. Lafragua stated, that as the foreign ministers had not raised their flags on the 21st instant, which was the anniversary of the birth of the illustrious citizen, Benito Juarez, the government of Mexico would limit itself to observing due reciprocity.

In view of the allusion to the conduct of all the foreign ministers, in the note of Mr. Lafragua, and at the unanimous request of the diplomatic representatives resident at this capital, I, as dean thereof, called a meeting of the diplomatic corps at this legation, on the 23d instant, at which a joint note to Mr. Lafragua was drawn up and “signed by all the representatives at present in this capital, except the German minister, Count Enzenberg, who desired to reply separately to Mr. Lafragua. This note, of which a copy is inclosed herewith, (2,) expresses our surprise that the Mexican government should have thought proper to address to a single member of the diplomatic corps observations upon the conduct of the entire corps, and states that the omission to raise the flags of our respective nations on the anniversary of the birth of the late President Juarez ought not to have been interpreted into an intentional discourtesy to either the Mexican government or the memory of that illustrious statesman, in view of our conduct on former similar occasions, and also of the fact that, although the first legal observance of said anniversary took place this year, it was not brought to our attention either by your excellency or by the official or other journals of this capital; and, in conclusion, we express our regret that said omission, which was neither intentional nor concerted by us, and due solely to the circumstances above stated, should have been made the occasion for the Mexican government to deliberately refuse to observe its customary public mark of respect and courtesy to a sovereign and a government which sustains friendly relations both with the republic of Mexico and with the governments we have the honor to represent.

The note of Mr. Lafragua was construed by all the representatives as an indication of the intention of the Mexican government to abstain from its customary recognition of our national anniversaries, on account of our single omission on the 21st instant, notwithstanding it was our well-known practice to raise our flags on the frequent Mexican national days, and the further fact that all of us had recently displayed our flags on the birthday of President Lerdo; for which reason, in addition to those stated in our joint note, we felt constrained to take the action above indicated.

It has been my practice, following the precedent of my predecessors, to raise my flag over the legation on the days indicated and observed as national by the Mexican government, which I find, in examining the calendar, are twelve in number. I have never addressed to either the Mexican government or the legations of foreign governments any note, directly or indirectly, inviting them to display their flags on the days observed by the United States as national holidays, but their usual practice is to honor the 22d of February and the 4th of July, and I have always made acknowledgment of their courtesy by a personal visit in an unofficial manner.

On the 27th instant, Mr. Lafragua sent to me (as also to the representatives of Spain and Italy) a reply to our joint note of the 23d instant, (inclosure 3,) in which he states that it has not been the practice of the department of foreign affairs to inform the foreign legations [Page 740] of the days when the Mexican government raises its flag, as their observance by the legations is entirely voluntary; calls our attention to the fact of the passage of the law of the 18th of April, 1873, decreeing the observance of the birthday of Juarez, and expresses regret that our omission should have occurred on the anniversary of the birthday of this illustrious man.

The diplomatic representatives who joined in the first note (2) to Mr. Lafragua to-day sent to him an acknowledgment of the receipt of his note of the 27th instant, stating that while we regretted that it was not more satisfactory in its character, and that as the object of our joint note was not to provoke a controversy, we would content ourselves with reiterating that our past conduct did not justify the allusion, in his note to Count Enzenberg, to our omission on the 21st instant, or the course of his government on the 22d instant, (inclosure 4.)

I am, &c.,

JOHN W. FOSTER.
[Inclosure 1 in No. 124.]

Count Enzenberg to Mr. Foster.

My Dear Colleague: I have the honor to inclose herewith a copy made by myself of the communication addressed to me yesterday by the minister of foreign affairs, Mr. Lafragua and forwarded at a very late hour of the evening.

Committing to your prudent direction, as our dean, the question how to answer such unusual language within the limits of official dignity and indispensable conciliation, I for the present only beg leave to ask for a speedy acknowledgment of receipt, and placing myself at your disposal for any hour to-morrow, I am, dear colleague, with the highest consideration, your very faithful and obedient servant,

COUNT ENZENBERG,
Minister-Resident of His Majesty the Emperor of Germany.
[Inclosure in 1 in No. 124.—Translation.]

Mr. Lafragua to Count Enzenberg.

Mr. Minister: I have had the honor to receive your note of to-day, in which you state that to-morrow, Sunday, the 22d instant, being the birthday of your sovereign, the Emperor William the First, the German flag will be hoisted above your legation. Having laid the said note before the President, he has directed me to say to your honor in reply, that the government of Mexico will be pleased to see duly honored the birthday of His Majesty the Emperor, for whom he desires all happiness and prosperity.

I remain aware that the German flag will to-morrow be raised above your legation, but since the foreign ministers have not raised their flags to-day, it being the anniversary of the illustrious citizen Benito Juarez, the government of Mexico will limit itself to observe due reciprocity.

I renew to your honor the assurances of my distinguished consideration.

J. M. LAFRAGUA.
[Inclosure 2 in No. 124.—Translation.]

Joint note of the diplomatic corps to Mr. Lafragua.

Sir: The minister-resident at this capital of His Majesty the Emperor of Germany and King of Prussia, His Excellency Count Enzenberg, has sent to each of the undersigned a copy of your excellency’s note to him of the 21st instant, in which you were [Page 741] pleased to inform him that “since the foreign ministers have not raised their flags today, it being the anniversary of the birth of the illustrious citizen Benito Juarez, the government of Mexico will limit itself to observe due reciprocity.”

We are under the necessity of expressing to your excellency our surprise that the Mexican government should have thought proper to address to a single member only of the diplomatic corps resident in this capital, observations upon the conduct of the entire corps, and we deem it indispensably due to ourselves to state to your excellency that the omission to raise our flags on the anniversary of the birth of the late President Benito Juarez ought not to have been interpreted by your excellency into an intentional discourtesy to either the Mexican government or the memory of that illustrious statesman, in view of our conduct on former similar occasions, and also of the fact that, although the first legal observance of said anniversary took place this year, it was not brought to our attention, either by your excellency or by the official or other journals of this capital.

We are constrained also to express our regret that said omission, which was neither intentional nor concerted by us and was due solely to the circumstances above stated, to raise our nags on the 21st instant, should have been made the occasion for the Mexican government to deliberately refuse to observe its customary public mark of respect and courtesy to a sovereign and a government which sustain friendly relations both with the republic of Mexico and with the governments which we have the honor to represent.

We renew to your excellency the assurances of our high consideration.

  • JOHN W. FOSTER,
    Envoy Extraordinary and Minister Plenipotentiary of the United States of America.
  • G. BIAGI,
    Consul-General. Chargé d’Affaires of His Majesty the King of Italy.
  • J. PEREZ RUANO,
    Chargé d’Affaires of Spain ad interim.

His Excellency José Maria Lafragua,
Minister of Foreign Affairs, Mexico.

[Inclosure 3 in No. 124.—Translation.]

Mr. Lafragua to Mr. Foster.

Sir: On the 24th instant, at 2 p.m., I had the honor to receive the note signed by your excellency and by the representatives of Italy and Spain, in which they are pleased to manifest that his honor Count Enzenberg, minister resident of the German Empire, has communicated to them a copy of the note which I addressed him on the 21st instant, on account of which your excellency and the chargés d’affaires of Italy and of Spain express surprise that the Mexican government should have thought proper to address to a single member only of the diplomatic corps resident in this capital observations upon the conduct of the entire corps.

From this point of view your excellency sets forth certain considerations tending to explain the omission to raise the flags of the respective legations, and concludes by manifesting regret that the national flag was not raised on the birthday of His Majesty the Emperor of Germany.

I have laid this note before the President, and by his direction reply separately to each one of the representatives who thought proper to sign it.

In my note of the 21st instant I did not make observations upon the conduct of the entire diplomatic corps, in which case I would have addressed them to your excellency as the dean thereof. I merely cited an indoubted fact, without interpreting it, or passing judgment upon any one’s intention, but which it was necessary to mention in the reply which I made in my said note to his honor Count Enzenberg, as a basis for the rule of reciprocity which the government of Mexico duly observes.

The government does not inform the legations of the days upon which it raises its flag nor the cause of so doing. Since the act of raising their flags being entirely voluntary on the part of the foreign ministers, it is prudent to avoid giving any hint on the subject, so that the legation which may have reasons for not participating in some celebration may not consider itself bound to do so. That of the 21st instant was decreed by law of the 18th of April of last year, enacted in the presence of the existing legations; and, both from its recent date and on account of its objects, it is well known and has been punctually obeyed on the 18th of July of last year, the anniversary of the death of President Juarez, as is also the case respecting another [Page 742] law of the same date upon the 8th of May and 30th of July of last year, anniversaries of the birth and death of the illustrious Hidalgo.

The government of Mexico has not charged that the omission to raise the flags of foreign legations was intentional or concerted; but it cannot but express its regret at this omission on the day of celebrating the birth of one of the most illustrious citizens of the republic; which circumstance obliged it to decline to raise the national flag on the following day, without this fact detracting at all from the sincere affection and high esteem which it professes to His Majesty the Emperor of Germany, with whom it desires to preserve and increase the most cordial relations.

I renew to your excellency the assurances of my high consideration.

J. M. LAFRAGUA.
[Inclosure 4 in No. 124.—Translation.]

Joint note of diplomatic corps to Mr. Lafragua.

Mr. Minister: Under this date we have had the honor to receive, separately, the reply which your excellency has been pleased to make to our joint note of the 23d instant upon the incident relating to the anniversaries of the preceding days. Regretting that your excellency has not thought proper to make a more satisfactory answer to the remarks found in our joint note, since it was not intended to give occasion to any controversy, we will content ourselves with acknowledging the receipt of the separate notes addressed to each of the undersigned, maintaining all that we have already expressed to your excellency, and insisting especially that, in view of the repeated occasions on which we have taken part in the numerous national anniversaries and other holidays celebrated by the Mexican government, and of our recent observance of the festival of the birthday of His Excellency the President of the Republic, there has been no sufficient cause, in the single and accidental omission of the 21st instant, for the government of Mexico to decline to observe reciprocity.

We renew to your excellency the assurances of our highest consideration.

  • JOHN W. FOSTER,
    Envoy Extraordinary and Minister Plenipotentiary of the United States of America.
  • G. BÉOG,
    Consul-General and Chargé d’Affaires of His Majesty the King of Italy.
  • J. PEREZ RUANO,
    Chargé d’Affaires of Spain ad interim.