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from Marshal Bazaine, and therefore he could not be, and ought not to have been, arrested. As chief of police, Ugarte was responsible for all arrests, and guilty of this one. This is learned from a letter, (No. 2,) sent on the 16th by Ugalde, to the department of government, from the house of the French subdivision commander, where he was detained. The minister immediately addressed a note (No. 3) to Marshal Bazaine, denouncing the act as outrageous, as Garay was not arrested by the police; and even if he had been, the French had no right to interfere in his liberation. If the commander presumed he had that right, he should have applied to the government of his majesty, that directs the police, and has sole jurisdiction in its cases. While this took place at the department of government, General Marquez sent (No. 4) to the minister of war the copy (No. 5) of a letter from General Maussion, ordering the immediate release of Pedro Garay, returning the safe-conduct that had been taken from him. Mr. Marquez enclosed a copy of his reply (No. 6,) and one to General Maussion, informing him that Pedro Garay had showed no safe-conduct from Marshal Bazaine, at the time he was arrested, nor made any mention of having one. The minister of war replied (No. 8) that Pedro Garay and his brother ought to be tried by court-martial. At the same time he addressed a confidential note (No. 9) to Marshal Bazaine if he had actually given Pedro Garay the safe-conduct mentioned, and told him how dangerous it was to give such documents to enemies of the government, allowing them to come and go when and where they pleased, to carry instructions from the enemy to their agents, and thus foment treason. The marshal made no reply to that note.

On the 16th General Marquez wrote again to the War Department, (Nos. 10 and 11,) enclosing a note from General Maussion, telling of his order for the arrest of General Ugarte, and saying he would be detained till Pedro Garay was set at liberty. The minister of war sent it to Marshal Bazaine, (No. 12,) requesting him to order the release of the chief of police, with the apology due the cordial relations of France, and in accordance with justice. Next day the minister of war called to see Marshal Bazaine, and General Ugarte was released, and Pedro Garay was delivered to the French authorities, to be tried by a Mexican court-martial, with an apology from the marshal to the Mexican government, written the 19th, (No. 13,) for Ugarte's imprisonment. Thus that unpleasant affair was satisfactorily settled.

But in the mean time, on the 17th, another incident took place. Marshal Bazaine sent a note (No. 14) to the minister of government, complaining that the Patria (No. 15) of that morning had published an insulting article to the French military authorities, and for his own dignity and the interest of his army, as well as by right, he had ordered the editor of the paper and the writer of the article to be imprisoned and tried by court-martial, and the Patria to be suppressed. His excellency was told that José Tynacia Anievas was the writer of the article, (but the marshal was misinformed,) and he was arrested, with the editor, and they were both imprisoned, when the order was to arrest only one or the other of them. The minister of government, in his reply on the 18th, (No. 16,) told the marshal just what I said to Mr. Dano, the envoy extraor dinary and minister plenipotentiary of France at this court, on the same day, (No. 17.) The minister sent my note to the marshal, as you will see from his reply, (No. 18,) and the marshal replied to Mr. Marin on the 22d, (No. 19,) affirming his right to detain the editors of the Patria, and to suppress that paper. However, the editor of the Patria and Mr. Anievas were released on the 18th, but the paper did not appear.

As a consequence of this, the president of the ministerial council addressed an invitation to Marshal Bazaine, General Castelnau, and Mr. Dano, minister plenipotentiary of France, to hold a conference upon the best manner of settling the dispute in question in a friendly manner, in relation to the suppression of the Patria, and other important points, for the purpose of giving them a solu

tion conformably to the harmony and good relations that happily exist between both countries. Generals Bazaine and Castelnau refused to attend the conference, and Mr. Dano was alone; and when the points of discussion between his majesty's government and the French authorities were read, he repeated what he had said on the 21st in reply to my note of the 18th, that he had nothing to do with questions between his majesty's government and the French staff. The conference, therefore, was vain, and when the result was reported the next day, the 23d, to his majesty, it was resolved in ministerial council, presided over by his majesty, that the President himself should address a note (No. 20) to Bazaine, Castelnau, and Dano, in the terms of the annexed copy of the note, and in Marshal Bazaine's reply, (No. 21.)

This is the account that your excellency will find confirmed by the subjoined documents of all that has occurred since the 16th instant to this date; and, indeed, it is no easy task to decide which is most glaring in Mr. Bazaine's note, the irregularity and illegality of the acts, or the arrogance and total want of consideration towards his majesty's government. The government of his majesty cannot accept the theory that the general-in-chief of the French army, now on Mexican territory, as an ally and friend of the empire, may shelter and protect its enemies, and not permit it to arrest conspirators, without running the risk of having the captors of the conspirators arrested in their turn by Marshal Bazaine's officers. Neither will the government of his majesty allow Marshal Bazaine the right to arrest the editors of a paper and suppress the sheet itself, as such proceedings are insulting to the sovereignty of the country. It likewise protests against the language employed by Marshal Bazaine in his communications with the government of his majesty; nor will it acknowledge a state of war between France and the empire, which the marshal adduces as an excuse for his proceedings. The French army came to Mexico to demand satisfaction for insults offered to France by the gevernment of Juarez, and declared if the Mexican nation wished to change its institutions and its form of government, the French forces would lend their assistance. And the nation did, in the most effective and unequivocal manner, express its wishes for a monarchy and in favor of the august prince who now sits upon the throne; and from that time the empire has regarded the French army residing in its midst as an army of allies and friends. Nothing has occurred to alter that condition of things, even though the government of his Majesty the Emperor of the French have adopted resolutions for withdrawing its forces from this territory.

In accordance with his majesty's order, your excellency will inform the gov ernment of his Majesty the Emperor of the French, of the just complaints of the Mexican government against the French military authorities in this country, and at the same time express the hope that due satisfaction will be offered to his majesty's government for the imprisonment of the editors of the Patria, and the suppression of that paper, as well as an indemnity to its editors for loss and damages resulting from the suppression of the paper.

Your excellency will read this note and the accompanying documents to the minister or foreign affairs, and leave him copies of them if he requests it. God grant you many years!

Acting Minister of Foreign Affairs and Marine,

His Excellency the MINISTER OF MEXICO IN FRANCE.

MURPHY.

No. 1.

EXPEDITIONARY CORPS OF MEXICO-TERRITORIAL SUBDIVISION OF MEXICO.

Note.

MEXICO, January 16, 1867.

The general commanding the subdivision begs General Ugarte, chief of police, to present himself in his cabinet to-day, at three o'clock in the afternoon. The General Commanding the Subdivision of Mexico, A. DE MAUSSION.

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TO THE MINISTER OF GOVERNMENT: I have just been summoned by the general whose name is appended to the enclosed letter, to inform him who arrested Pedro Garay and took his papers. As I knew nothing about the arrest till this moment, I told him I did not know. I am told that Garay has a safeconduct from General Bazaine, and therefore should not have been arrested. I have been shown a despatch from Mr. Marquez, saying that Garay presented no document to the chief who arrested him. I was arrested in a lower room of the commandancia, and will be detained till Pedro Garay is set at liberty, because the general of the subdivision says, as I am chief of police, I am responsible for all arrests.

I inform you of this that you may act as you think best; assuring you that before I spoke to the French general, I did not know of the arrest, and up to this moment I do not know by whom it was made.

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SEÑOR MARISCAL: The director general of police, Don José Ugarte, was summoned to-day by a note from General de Maussion, commander of the division of Mexico, to appear in his office at three o'clock in the afternoon. The consequence of the interview was Mr. Ugarte's arrest, under the pretext that Pedro Garay had been arrested by his orders, and he was told that he would not be released till Mr. Garay was set at liberty. I must call your particular attention to the fact that Garay was not arrested by the police, and even if he had

been, the French forces have no right to interfere for his release. If the commander of the subdivision of Mexico thinks he ought to meddle in the business, he ought to have applied to his majesty's government by right, for that rules the Mexican police, and laid in his complaints, so that they might have been legally considered and properly disposed of according to law.

I hope you will examine the facts I have stated and order Mr. Ugarte's immediate release, so that he may be tried by the French authorities. I have the honor to be, &c., &c.,

The MARSHAL,

The Minister of Government,

Commander in-chief of the Expeditionary Army.

A true copy. Mexico, January 18, 1867.

TEOFILO MARIN.

The Sub-secretary of the Government,
ANTONIO MA. VISCAINO.

A true copy. Mexico, January 29, 1867.

The Director of the Civil Department,
FELIX GALINDO.

No. 4.

SECOND ARMY CORPS, GENERAL-IN-Chief, no. 424.

MEXICO, January 16, 1867.

I send you the original of a communication I have just received, together with a copy of the reply I made, to have your decision in the case.

General-in-Chief of the Second Army Corps,
L. MARQUEZ.

The SUB-SECRETARY OF THE WAR DEpartment.

A true copy. Mexico, January 29, 1867.

The Director of the Civil Department,
FELIX GALINDO.

No. 5.

EXPEDITIONARY CORPS OF MEXICO, TERRITORIAL SUBDIVISION OF MEXICO, NO. 223.

MEXICO, January 16, 1867.

GENERAL: Mr. Pedro Garay, a Mexican subject, was arrested about 9 o'clock yesterday evening by the Mexican police. His papers were taken from him and he was locked up. Mr. Peter Garay was provided with a safe-conduct from Marshal Bazaine, and I cannot conceive why it has not protected him from violence. I beg you will give orders to have Mr. Peter Garay released immediately, and safe-conduct he had from the marshal restored to him. Please accept, general, the assurance of my distinguished sentiments. General Commanding the Subdivision of Mexico,

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No. 6.

SECOND ARMY CORPS-GENERAL-IN-CHIEF, NO. 424.

JANUARY 16, 1867.

GENERAL: In reply to your note of to-day, concerning Don Pedro Garay, I must inform you that I can do nothing in the affair without instructions from my government, that has knowledge of your note. Please accept, general, the assuances of my most distinguished sentiments.

General DE MAUSSION,

A true copy:

General-in-Chief of the Second Army Corps,

L. MARQUEZ.

Commander of the Mexican Subdivision.

AGOSTIN PIQUERO, Secretary.

A true copy. Mexico, January, 29, 1867,

The Director of the Civil Department,
FELIX GALINDO.

No. 7.

SECOND ARMY CORPS-GENERAL-IN-CHIEF, No. 437.

MEXICO, January 16, 1867.

At this moment (two o'clock in the afternoon) I write to General Maussion as follows:

GENERAL: After writing to you just now, I learn from the chief who arrested Pedro Garay last night, that he neither presented any safe-conduct from Marshal Bazaine, did not say he had any, nor made any mention of having had any, so that nothing was known about it. I send this for your information. Accept, &c.

General-in-Chief of the Second Army Corps,

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EXCELLENT SIR: I have received your two communications of to-day in relation to General de Maussion's request that Pedro Garay be set at liberty, by virtue of a safe-conduct he says he holds from Marshal Bazaine, though we did not find it upon him when arrested, nor did he mention having it at that time. I also received a copy of your reply. In answer, I have the honor to say, I now write to Marshal Bazaine for explanations, informing him how improper it is for enemies of the government to be protected by such respectable persons in their conspiracies, even at the seat of government, bringing and

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