CANBY, Major General, Commanding to Nathaniel P. Banks, September 15, 1864

General Canby to General Banks

General: The correspondence of Colonel Day, in relation to the Mexican force under Cortinas, has been received. Colonel Day’s action, so far as it is known here, accords with our neutral obligations, and is approved. The Mexican refugees are entitled to an asylum in our territory when they deliver up their arms and munitions, and restore any prisoners or booty that they may have taken from the French.

They will not be received into the service of the United States for service on the Rio Grande frontier, but may be enlisted for the general service. In this case they will be sent to this city, either before or after enlistment, to be organized, armed, and equipped. Their enlistment may be for one, two, or three years, but preferably for the shorter term, and their duty thereafter will be determined by the circumstances of the service.

As an armed enemy of France, this force will not be tolerated in our territory, and if this be the intention of Cortinas, the commanding officer will be instructed to regard, and, as far as his power extends, to treat his force as enemies of the United States.

You will please instruct Colonel Day, or the commander at Brazos Santiago, accordingly, and in the contingency of any of Cortinas’s force entering our service, give the necessary instructions in relation to enlistment, transfer to this city, and the disposition to be made of private property. The public property of the Mexican, government remains, of course, in the custody of the United States until disposed of by proper authority.

Very respectfully, your obedient servant,