Riva Palacio to Hamilton Fish, February 28, 1872

Mr. Palacio to Mr. Fish.

Sir: For several days past I have been constantly in the receipt of letters from consuls of the Mexican republic in ports of this country, especially San Francisco, California, and Brownsville, Texas, stating that cargoes of merchandise leave said ports dispatched to places occupied by rebels against the government of Mexico, who are fighting against it with arms in their hands. These letters have been accompanied with requests that I would solicit the Government of the United States to give orders to the custom-houses not to permit the dispatch of merchandise to Mexican ports which are known by public report and official advices to be in rebellion against the government of Mexico, and to be actively engaged in resisting the authorities and the execution of the laws. I have not complied with these requests, inasmuch as I do not think the subject to be one which requires any diplomatic intervention. The Government of the United States knows very well what instructions it ought to give to its fiscal agents in cases like the present. It is, moreover, the only judge of the propriety of warning citizens of the United States not to engage in operations in which they place their interests at stake. If, with their eyes, open, and knowing that they are going to lend positive aid to the rebels of Mexico, they convey their goods to places occupied by the latter, the military commanders of the Mexican government will see to the prevention of aid being given to the rebels in this manner. If the same merchants establish commercial relations with persons whom the government is obliged to treat as enemies, they must suffer the consequences. If, knowing that at the port of their destination there are no officers legally authorized to collect import duties, and if, with perfect knowledge, they pay the duties demanded of them by the rebels, deliberately defrauding the Mexican treasury in concert with said rebels, this is purely and simply a case of smuggling and collusion, with the consequent risks.

I do not think, when this is so notorious, that there is any need of my requesting that the clearance of merchandise be refused in the ports of the United States to those who are willing to risk its shipment to Mexican ports which are now neither de jure nor de facto ports of entry, which are the object of military operations, and with respect to which the Mexican authorities are obliged to proceed as may be dictated by the necessities of the situation. I therefore make no request of the Government of the United States in regard to this. It is, however, my duty to bring to your notice the fact that at some places on the frontier, and especially Brownsville, under the disguise of purely commercial operations, very direct aid is lent to the rebels, these places constituting a regular base of operations for said criminals. Small parties of men, engaged on American soil, are there organized to, cross over into Mexico to re-enforce the rebels. Arrangements are made with these persons beforehand to the effect that merchandise shall be imported at the places which they may succeed in occupying, the duties on which are to be payable at reduced rates. They are furnished with arms and ammunition, and expeditions are fitted out, which, under pretense of pursuing suspected cattle stealers, threaten every moment to cross over into Mexican territory, where they would, of course, meet with armed resistance.

I refer to no particular act, because it is not now my object to complain against any of those which have thus far been committed. I only desire to urge the Government of the United States to order its authorities on the Mexican frontier to exercise greater vigilance than usual for the prevention of any violation or evasion of the laws known by the name of neutrality laws, and to take special care that the rebels be permitted to do nothing on American soil which may facilitate their operations or aid them in the same. You are well aware, Mr. Secretary, that those who do not wish to obey the law frequently find means to violate its spirit, though not its letter, and that it is also possible to avoid its action a moment after having infringed it. All this is rendered much more difficult when the authorities make known their determination to watch with care and to punish with rigor. This is all that I ask to have done in the present matter, and I can assure the Government of the United States that that of Mexico will spare no effort to prevent (sic) American citizens and bona-fide commerce from being duly protected and from not suffering any detriment which it may be possible to prevent.

I am happy to reiterate to you, Mr. Secretary, the respectful assurances of my very distinguished consideration.