of the days when the Mexican government raises its flag, as their observ. ance 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., [Inclosure 1 in No. 124.] Count Enzenberg to Mr. Foster. JOHN W. FOSTER. LEGATION OF THE GERMAN EMPIRE. 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. DEPARTMENT OF FOREIGN AFFAIRS, 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 antiversary 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. CITY OF MEXICO, March 23, 1874. 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 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 flags 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. His Excellency JOSÉ MARIA LAFRAGUA, Minister of Foreign Affairs, Mexico. (Inclosure 3 in No. 124.-Translation.] Mr. Lafragua to Mr. Foster. DEPARTMENT OF FOREIGN AFFAIRS, 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 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. MEXICO, May 27, 1874. 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. Re gretting 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 observ ance 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, Consul-General and Chargé d'Affaires of His Majesty the King of Italy. Chargé d'Affaires of Spain ad interim. No. 129.] No. 476. Mr. Foster to Mr. Fish. LEGATION OF THE UNITED STATES, Mexico, April 3, 1874. (Received April 27.) SIR: Herewith I transmit a copy and translation of the address (inclosures 1 and 2) pronounced by President Lerdo at the opening of the second session of the Seventh Congress, which took place on the 1st instant. It presents a gratifying picture of the benefits derived from the peace now enjoyed throughout the republic. I am, &c., JOHN W. FOSTER. [Inclosure.-Translation.] Address of President Lerdo at the opening of the Mexican Congress, April 1, 1874. CITIZEN DEPUTIES: In obedience to the fundamental law, you return to the discharge of your high functions in the midst of the peace enjoyed throughout the republic. The Mexican people sees with satisfaction that the ordinary course of your legislative tasks is pursued with entire regularity in the constitutional periods. Our relations with the friendly powers fortunately continue to be sincerely cordial Representatives of Mexico have been appointed for Germany and Spain, whose pres ence will contribute to augment the friendship which unites us to those nations. The investigating commission for the States of Coahuila, Nuevo Leon, and Tamaulipas has terminated its important labors. The interesting report in which it has rendered account of its intelligent and useful researches will very soon be published. The other investigating commission, for the frontier of Chihuahua and Sonora, is already engaged in the performance of its duties. In consequence of the law passed by Congress to quiet the disturbances which occurred in the State of Coahuila, complete tranquillity has been restored therein, thus permitting its legal reorganization, which will be effected within a few days. Through the efficacy of the special law of Congress, aided by the peace which we enjoy, crimes against the security of persons and property have diminished to the degree that but few have been committed, and these have been promptly punished. They, however, prove the necessity of further prolonging the existence of the said law, which the executive will submit to the enlightened consideration of Congress. The inquiry which the executive made in the previous session, as to whether the faculty of modifying the organization of the tribunals of the federal district is included among the powers conferred by law for the purpose of promulgating the code of criminal procedure, is also worthy of attention. Upon the decision of this inquiry depends the promulgation of this code, which is as necessary as the other reforms, which experience has shown to be very necessary for the better administration of justice. The judicial reorganization of the Territory of Lower California, proposed by the executive, having been enacted by Congress, the new tribunals have been established, so as to realize this improvement in an important branch of the public administration. The attention which Congress has already devoted to the amendment of the law npon secondary instruction in the federal district will serve to facilitate the conclusion of this interesting subject. The initiative concerning obligatory primary instruction, so as to extend to all classes of society the benefits of education, affords equal interest. Zealous efforts are being made to form the statistics of public instruction throughout the country. This is the more useful, since it is, without doubt, an efficacious means of ascertaining the advance of enlightenment, as well as a stimulus to all the authorities to labor for popular education. In the formation of the annual estimates, the chief object of the session commencing to-day, Congress will be able, by its wisdom and patriotism, to make the most adequate provision for the various necessities of the public treasury. The payment of the ordinary expenses of the administration has continued with entire regularity. At the same time, care has been taken to regulate and improve the collection of the imports for the better service of the public interests. It is our duty to provide the means of attending to the public debt, legally recognized and liquidated. For this purpose it may, perhaps, become necessary to increase the present imposts, which suggestion Congress will take into its enlightened consideration, so as to prudently combine all the interests involved in a manner compatible with justice. During the years which have elapsed since the passage of the law for establishing military colonies, these could not be founded for various reasons, only a limited force having been supported, which was employed in repressing Indian incursions. The executive believes that the system of colonies might now be commenced, by forming them gradually in the frontier States, which are so worthy of being favored in this important particular, which Congress will be able to consider in connection with the estimates. It having been found necessary to build the coast-guard vessels decreed by Congress, they are now being constructed, and within a few months will begin to render important service. The importance of amending the law of patents being notorious, the executive will present a bill in harmony with the provisions of the constitution. A new law upon colonization, which the executive has proposed, might be found of very great advantage, and a new one will be presented to facilitate the division and sale of the public lands in Lower California. The commissions created by Congress for the survey of certain rivers in the State of Vera Cruz, and of a road from Jalisco to Zacatecas, are engaged in the performance of their duties. With the object of constantly extending our telegraphic lines, the material on hand is being employed, and another considerable quantity has been ordered. Special attention has been and will be given to the construction of the extended lines from Michoacan to Jalisco, San Luis to Durango, Durango to Chihuahua, Mazatlan to Guaymas, Tampico to Matamoros, and Tobasco to Chiapas. We may anticipate that within a very short time the city of Mexico will be in telegraphic communication with all the State capitals, extending the wires also to Lower California by the route which may be designated by an exploration already begun. Yesterday was inaugurated the section of railroad from Mexico to Halnepantla, soon to be extended to Cuantitlan and Tobuca. The executive takes pleasure in the success of this road, which will be so beneficial to the country in general, and especially to the States of Mexico, Queretaro, and Michoacan. We may enjoy a well-founded confidence that the rapid development of the fruitful elements of our country's riches guarantees us a prosperous future, under the auspices of a peace solidly based upon the general good sense of the people, and the discipline, bravery, and loyalty of the national army. Be assured, citizen deputies, that the executive will zealously second all the measures which your wisdom and patriotism may enact for the welfare and aggrandizement of the republic. No. 133.} No. 477. Mr. Foster to Mr. Fish. LEGATION OF THE UNITED STATES, Mexico, April 15, 1874. (Received April 27.) SIR: In my dispatch No. 119, March 7, I communicated the details of the assassination of Rev. John L. Stephens, a Protestant missionary, at Ahualulco, in the State of Jalisco, and the prompt action of the Mexican government towards the punishment of the assassins. Up to the present date seven of the guilty parties have been tried and condemned to death, from which sentence they have appealed to the supreme court. Twelve or fifteen more persons, charged with complicity in the crime, are under arrest, awaiting trial, including the cura of the parish of Ahualulco. President Lerdo, in a recent interview given to the Protestant missionaries resident in this city, declared it to be his determination to use every means in his power to secure the punishment of the assassins of Mr. Stephens, to protect the Protestant missionaries in the free exercise of their labors, and to maintain religious toleration throughout the republic. I am, &c., JOHN W. FOSTER. No. 135.] No. 478. Mr. Foster to Mr. Fish. LEGATION OF THE UNITED STATES, Mexico, April 18, 1874. (Received May 5.) SIR: I am this day in receipt of your dispatch No. 90, March 25, relat ing to the interference of General Cortina, at Matamoras, in preventing the extradition of one Alexander D. Hamilton. Immediately on receipt thereof, I sent to the minister of foreign affairs a copy of the dispatch of Mr. Wilson, inclosed in your No. 90, with a representation that the Government of the United States would expect such orders to be given as will allow the treaty to be carried into effect according to its terms. (Inclosure 1.) Within an hour after the transmission of this note, I was personally informed by the minister that the President had aleady seen some notice of the action of General Cortina in the public press, and had at once sent telegrams to the governor of the State, to General Cortina, and to the military commander, calling for information on the subject, |