Señor Don M. Romero to William H. Seward, September 24, 1866

Señor Romero to Mr. Seward

Mr. Secretary: I have the honor to enclose you No. 26, volume 2, of the official paper of the government of the Mexican republic, dated the 24th of August last, and to call your attention to the correspondence therein between General Viezca, governor and military commander of the State of Coahuila, and General Mejia, minister of war and marine of the republic, in regard to the exchange of the French prisoners captured by the Mexican forces at Santa Isabel.

I also enclose No. 34 of the official bulletin of the headquarters of the eastern line, published at Tlacotalpam, on the 6th instant, containing another correspondence about the capitulation of the city of Tlacotalpam to the national forces, and the exchange of prisoners effected by General Garcia, second in command on that line.

You will see in the first correspondence that, although the Mexican government consents to a mutual exchange of prisoners, it wishes to establish as a general rule, to be strictly observed by the enemy, that all exchanges made hereafter must be in accordance with the laws of war among civilized nations. You will perceive that this just proposal is rejected by General Douay in his letter to General Viezca, from Saltillo, on the 12th of July last. He says he must consult General Bazaine on the subject before he could come to any definite determination. The reason why the invaders refuse to comply in all cases with the laws of humanity and war, is because they wish to continue their arbitrary conduct on this line. Whenever the national forces take prisoners from them of any importance they propose a regular change, according to the custom of civilized belligerents; otherwise, they sacrifice Mexican prisoners barbarously by court-martials, that judge them by strange rules, to the disgrace of the whole world, as is well known to the government of the United States.

On the contrary, the Mexican army, notwithstanding their indisputable right to reprisals, after witnessing the murder of thousands of their people, generals and distinguished patriots among them, in the most horrid manner, by the invaders, still keep French prisoners for exchange, unless they release them unconditionally, and always treat them with a lenity and consideration of which many proofs are extant, and this has been acknowledged by the French generals, as you will see in the communication of General Douay to General Viezca, of the 14th of June last, also published in the enclosed paper.

This furnishes another proof of the inconsistency of the French, who, after announcing that they had no regular enemy to contend with in Mexico with which they could treat on war terms, enter into negotiations with the national forces, and try to effect treaties that can only be concluded between belligerents.

The correspondence found in the official bulletin of Tlacotalpam shows that not only the French prisoners, but even those of the misled Mexicans who are captured fighting for intervention, are treated humanely by officers of the army that is defending the independence of the republic.

I have seen proper to expatiate upon these particulars, because I think them important to furnish the United States government an idea of the conduct observed by the invaders of my country.

I willingly embrace the opportunity to renew to you, Mr. Secretary, the assurances of my most distinguished consideration.

List of Mexican prisoners taken at Oaxaca by the French, and now confined in Puebla.

Lieutenant colonels: Mariano Jiminez, José Alvarez, Remedios Perez, Vicente Lozano., Apolonio Duval, José Maria Omaña, Ignacio Castañeda.

Battalion and squadron commanders; Jesus Sosa, José Maria Ramirez, Maximo Velasco, Joaquin Vallesteros, Julian Jaramillio, José M. Pallacios, Ambrosio Alonso.

Captains: Luis Cataneo, Jesus Recaido, José Vera, Emilio Legaspe, Carlos Berruecos.

Lieutenants: Francisco Figueroa, Francisco Bueno, José Olivera, Emilio Delicado, Miguel Gonzales, Ramon Contreras, Jesus Herrera.

Under lieutenants: Manuel Sabuiró, Manue Pineda, Juan Alvarez, Amado Cataneo.

Besides the above, there are six officers captured by Mejia recently in the vicinity of Matamoras, and one hundred and four soldiers, now prisoners of war in Vera Cruz, by order of the government. All these will be exchanged for seventy-eight men, one officer taken at Santa Isabel, and fourteen at Parral in August last, with a few Mexican officers taken in Chihuahua by Luis Terrazas.

Monclova, June 17, 1866.

A true copy: