two to three thousand men to march against Morelia; others think it is only a feint, that he does not intend to go there, but will remain about Toluca.

I have the honor to be, with great respect, your obedient servant, JOHN BLACK.

Hon. ROBERT M. MCLANE,

Envoy Extraordinary and Minister Plenipotentiary of the
United States near the Constitutional Government, Vera Cruz.

THE MEMORIAL OF CHARLES P. STONE.

The Hon. the Secretary of State of the United States, Washington, D. C.: Your petitioner, a citizen of the United States, respectfully represents that he has been employed during the past twenty months in conducting the survey and exploration of the coasts of the Gulf of California and the public lands in the adjoining Mexican territory, under a contract made by the general government of Mexico, for the purpose, with a foreign house in Mexico, which house has interested with them certain American citizens and others. That nearly all the officers and men employed by him in the survey are American citizens, and that a very large amount of capital belonging to Americans has been in good faith invested in the enterprise.

That your petitioner was careful to avoid any act on his own part, and to prevent any act on the part of those under his control, which might have been offensive to the laws of the country, or which might cause any collision between him and his party and the local authorities in power.

That all under your petitioner's orders were solemnly bound by engagements, written and sworn, to obey and respect the laws of the land, and not to engage in or assist any unlawful undertaking against Mexico or any of her states.

That by purchase and discovery, according to Mexican law, your petitioner, his comrades and their employés became possessed of considerable property in lands, mines, &c., within the states of Sonora and Sinaloa, the care of which property and its development required the personal attention of your petitioner and his comrades; and had they been permitted peaceably to remain and enjoy the rights guaranteed to them by existing treaties, these possessions would have become of great value to them. That, aside from the general survey, your petitioner's services as a civil engineer were in frequent demand by the people of the country, and could he have remained there he would have received large sums of money for those services.

That while pursuing a perfectly lawful course, without any act of resistance to any local authority, and without any intention of it, your petitioner and his comrades were suddenly ordered, on the 18th day of May, 1859, to quit the territory of the Mexican States of sonora and Sinaloa within the term of forty days; said order having been

transmitted and enforced by the prefect of Guaymas, acting under the written instructions of Don Ignacio Pesquiera, governor, dated Mazatlan, April 17, 1859.

That this order gave no sufficient reason for such violent action, and failed to charge the slightest offense against law or authority on your petitioner or any of his comrades.

That your petitioner and his comrades yielded immediate obedience to the order, rather than assume a position of violent opposition to anthority, and at great expense, and with heavy sacrifice, retired from the states of Sonora and Sinaloa, abandoning such interests as could not, in the short space of time allowed, be disposed of.

Your petitioner incloses herewith a copy of his letter to the prefect in reply to the order of expulsion, and a copy of the form of engagement sworn to by his men.

He also respectfully refers to the protest made at the time of expulsion by the United States consul at Guaymas, which is now on file in the State Department.

Your petitioner further represents that previous to his order of expulsion Governor Pesquiera had assumed to prohibit the execution of the survey as far as the public lands of Sonora were involved, disregarding the orders of the general government of Mexico, which required the local authorities to aid and assist your petitioner in his labors. That in your petitioner's belief such action on the governor's part was illegal and unjust, but that this has nothing to do with the subject here presented, which is the violent expulsion of American citizens in time of peace from Mexican territory, contrary to treaty stipulations.

Your petitioner further represents that up to the time of expulsion no opposition had ever been made by said governor to your petitioner's operations in the state of Sinaloa as distinguished from the state of Sonora.

And your petitioner prays that such action may be taken in the matter by the government of his native country as may by that government be deemed proper and necessary for the maintenance of treaty stipulations and the safety of the rights of your petitioner and his comrades.

And your petitioner will ever pray, etc.

WASHINGTON, D. C., August 25, 1859.

CHAS. P. STONE.

SURVEY OF SONORA, OFFICE OF CHIEF OF COMMISSION,

Guaymas, May 18, 1859.

SIR: I have to acknowledge the receipt this evening of your honor's respected letter of yesterday's date, inserting an order from his excellency the governor to the effect that your honor shall cause S. Carlos P. Stone, and the other persons composing the commission, &c., to leave the states of Sonora and Sinaloa within a prudent term. I also notice that your honor prescribes the term of forty days within which

said order must be complied with, and desires me to communicate said order to the various members of this commission.

The desired communication has already been made to such members as are now present, and will be speedily communicated to such as are absent.

Although I and my comrades are fully sensible of having strictly complied with the laws of the land during our residence here, of having done nothing which could, in any manner, have justified complaint against us, either by the authorities or people of the state; although fully aware that his excellency the governor has exceeded his powers in thus ordering foreigners from the country; although fully aware that the order is in open violation of the solemn treaty between the government of Mexico and that of the country of which I have the honor to be a citizen; although compliance with this order will insure heavy pecuniary loss upon myself and others, yet, following the peaceful course we have ever pursued, and wishing not to add anything to the present disturbed condition of affairs in the state, I and my comrades will promptly retire from a country of which the governor retracts the hospitality which, thirteen months since, he voluntarily offered in an official communication published to the world; and we abandon the interests for which we have, while residing here, trusting in the promises of his excellency and the solemn stipulations of treaties between our country and Mexico, expended our money and our labor.

That we may be able with dispatch and peacefully to return to our country, I respectfully request that your honor will be pleased to issue to me a passport, for myself and twenty-five companions, hence to the northern limits of Sonora.

Taking this occasion to thank your honor and large numbers of the people of Sonora for the very many acts of personal kindness received by us at your and their hands, I subscribe myself, with much respect, your honor's most obedient servant,

Hon. the PREFECT OF THE DISTRICT OF GUAYMAS.

CHS. P. STONE.

I,

No.

Form of engagement.

SURVEY OF SONORA.

acknowledge that I have this day engaged to serve in the commission for the survey of the public lands in the state of Sonora, republic of Mexico, under the articles of organization of said commission, duly executed in San Francisco, California, on the 9th day of May, A. D. 1857, for the term of one year, unless sooner discharged; and do agree to accept such monthly pay (not less than dollars) and such rations as may be prescribed by the present or future chief of commission.

And I, do solemnly swear that I will and truly obey the orders of the chief of commission and of the officers set over me, according to the regulations of said commission, with all the exactitude

required in subordinates in the armies of the United States of America. And do further swear, that I will obey and respect the laws of the republic of Mexico and of the state of Sonora, and will not engage in or assist any unlawful expedition against the government of Mexico during my service in Mexican territory.

SIR: I have the honor to inclose to you a copy, marked A, of a letter, under date of the 17th instant, addressed to me by John Black, esq., United States consul for the city of Mexico, together with the circular therein referred to, issued by the Miramon faction, now in power at the capital.

The infractions contained in this decree are so fully set forth in the letter of Consul Black, and, upon a comparison of its provisions with the stipulations of the treaty of April 5, 1831, between the United States and Mexico, will be found so fully sustained, that I deem it unnecessary, under my instructions, to add anything to his remarks.

The relation which the government of the United States holds towards Miramon and his party is of a nature to forbid any step on my part, even were I authorized to do so, without first consulting the views and wishes of the government; and I therefore submit the subject to your consideration for such action and instructions as you may judge wise in the premises.

I am, sir, very respectfully, your obedient servant,
HENRY ROY DE LA REINTRIE,

Hon. LEWIS CASS,

Secretary in charge of U. S. Legation.

Secretary of State, Washington, D. C.

A, with No. 38.

CONSULATE OF THE UNITED STATES OF AMERICA,

Mexico, September 17, 1859.

SIR: I had the honor of addressing you on the 12th instant, and now inclose to you herewith an extraordinary decree or circular issued by this government, dated the 31st of August last, and published in the "Diario Oficial" of the 12th instant, as you will see by the inclosure relative to the administration of justice in cases where foreigners may be parties.

The decree in question seeks to establish a different administration of justice for foreigners to that which is conceded to Mexicans, and is a direct infraction of articles 14th and 25th of our treaty, as giving power to the government to interfere and interrupt the ordinary action of the judicial tribunals by its intervention in all suits, both civil and criminal, in which foreigners are or may be parties. In many of these suits the government itself may be a party, and interested in the result.

It is currently reported here that letters have been received, both from Vera Cruz and the United States, by the extraordinary which arrived here on the 15th instant, stating that Mr. Lerdo had completely succeeded in his negotiations at Washington; that a sale had been made to the United States of Sonora and Lower California, for thirty millions of dollars. We have, on the other hand, all this contradicted.

I also inclose herewith the "Diario Oficial," of the 16th instant, containing the oration delivered here on that day-the anniversary in commemoration of the "Glorioso Grito de Dolores.'

It is said the cabinet is to be changed; that Peza is to leave the finance department, and that Diaz, the minister of justice, is to take his place; that General Blanco is to take the war department, and the old contributions are to be done away with, and others imposed; and some think it is the intention of Miramon, in place of going to Vera Cruz, to change his course and go into the interior. I have just been informed that Coronado has taken Tepic, and has shot Moreno; but I cannot vouch for its truth.

I am, with great respect, your obedient servant,

Hon. HENRY ROY DE LA REINTRIE,

JOHN BLACK. [Rubric.]

Secretary of the United States Legation,

in charge of the same, Vera Cruz.

[Translation.]

DEPARTMENT OF JUSTICE, ECCLESIASTICAL AFFAIRS AND PUBLIC INSTRUCTION.

Circular.

Until the regulations respecting the functions of the public administration, exercised by the attorney general of the nation in causes in which it is to intervene by way of modeling the proceedings, shall be definitively issued, his excellency, the substitute president of the republic, has been pleased, in virtue of the powers with which he is invested, to decree that the following rules shall be observed:

ARTICLE 1. In order to provide perfectly for the safety of international relations, to guard against every violation of public and private international right, and to prevent complaints and reclamations on the part of foreigners against the government of the republic, and