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INDIANAPOLIS:
J. G. DOUGHTY, PRINTER, 2D FLOOR, TILFORV'S BUILDING.

187 2.

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AMERICAN AND MEXICAN COMMISSION.

THE CLAIM OF HERMAN STURM

VERSUS

THE REPUBLIC OF MEXICO.

No. 676.

Herman Sturm, the claimant in the above case, makes oath and says:

Sometime in the month of April, 1865, General José M. J. Carvajal, who represented himself to be the Governor of the Mexican States of Tamaulipas and San Luis Potosi, requested me to assist him and his Government in obtaining materiel of war, and other supplies in this country.

During several interviews, General Carvajal explained to me that he was the confidential agent of the Mexican Government, duly empowered by the same to negotiate a loan in this country, procure arms and munitions of war, and engage foreigners for the military service of that Republic.

He stated to me that his government was then at Paso-del Norté, in the State of Chihuabua, without resources of any kind, and that the few organized troops his Government had were poorly clad, and without arms and ammunition-so much so, that in some States the Liberal forces were compelled to fight the enemy with bows and arrows.

General Carvajal exhibited to me certain documents, written in Spanish, signed and certified to by the proper officers of the Republican Government of Mexico, which documents he and MajorGeneral Lewis Wallace, who was with him, assured me, gave to said Carvajal full authority to make contracts in the United States, for the purchase of arms, the negotiation of a loan, and for other purposes; and he requested me to accept the position of confidential agent of the Mexican Republic in the United States, to aid him in the fulfillment of his mission.

Being at that time in the city of Washington on business with the War Department for the State of Indiana, and being well acquainted, and on the most friendly terms with the Secretary-Edwin M. Stanton-I took occasion to ascertain from him, whether, as an officer and a citizen of the United States, I would be acting contrary to its laws and wishes if I shoáld accept the proposals made to me by General Carvajal, and become the agent of the Republican Government of Mexico in the United States.

Secretary Stanton assured me, that he knew of no law that would prevent me, as a citizen of the United States, from giving aid and assistance, such as General Carvajal desired, to the Republican Gov. ernment of Mexico; and that he did not think that the Government of the United States would have the least objection to my accepting the proposals of General Carvajal; and he also promised to aid me 80 far as he could.

I also communicated with Governor 0. P. Morton, under whom I had served since the breaking out of the war in 1861, and was still serving as Commanding Officer of the Arsenal, and the Chief of Ordnance of the State of Indiana.

I communicated to Governor Morton the proposal made to me by General Carvajal, and the wishes of that gentleman, as well as the interview with Secretary Stanton, and requested him to allow me to resign my position for the purpose of giving assistance to the Mexican government, which permission after a while he granted.

On the first of May, 1865, General Carvajal and myself entered into a written agreement, by which, on certain conditions expressed therein, I was authorized to act for the Republican government of Mexico in the United States, as its confidential agent. (See Exbibit No. 1 on file in this case.)

After making this agreement General Carvajal directed me, in the presence of said General Wallace, to make arrangements for purchasing a large quantity of materiel of war, specified in a certain schedule which was subsequently approved by him; stating also that he had made arrangements for the money necessary to promptly pay for all these articles, as well as for their transportation to Mexico; and that he expected me to have everything ready for shipment within three months from the first of May.

For my personal services and expenses during these three months, he promised to pay me not exceeding $20,000 nor less than $10,000. My agreement with General Carvajal was, at his request, to be held secret and confidential; but, as it was essential that I should have an authority of some kind from him, to exhibit to persons with whom dealings were to be had, he executed and delivered to me the instrument entitled “Power of Authority.” (Exhibit No. 2.)

General Carvajal dated the "Power of Authority" Soto La Marina, State of Tamaulipas, in order, as he told me, to comply with certain suggestions of Mr Romero to him, touching the necessity of avoiding all questions in connection with the neutrality laws of the United States. It was very desirable to have, if possible, a certificate of the genuineness of General Carvajal's official signature and character, under the hand and seal of a Mexican representative, resident in the United States; for that purpose, the certificate of Juan N. Navarro, Consul General of the Mexican Republic, having an office in the city of New York, was appended to said "Power of Authority."

Subsequently, Mr. M. Romero, Envoy Extraordinary, &c, from the United Mexican States to the Government of the United States of America, certified the authority and official character of General Carvajal, in connection with the contract made by General Carvajal with a Mr. Daniel Woodhouse, of New York City; a copy of which certificate was afterwards furnished me by General Carvajal. (Exhibit No. 3.)

From General Carvajal I also received letters of direction and instruction, addressed to me as from Mexico, and relating particularly to the kinds and quantity of stores to be purchased, and arrangements for their shipment. (Exhibits 4, 5 and 6.)

After perfecting my agreement and instrument of authority as stated, I at once proceeded to execute the work entrusted to me by said Carvajal, and as a measure essential to success, engaged many agents, numbers of whom were late officers of the army of the United States, enlisted the sympathy of influential personal frient's of mine, many of whom, as well as myself, visited the cities of New York, Cincinnati, Louisville, Ky., St. Louis, Mo., Indianapolis, Pittsburgh, Cleveland, Ohio, and other places, and earnestly endeavored, by means of the public press, personal efforts, and otherwise, to create public opinion in favor of the Republican Government of Mexico.

At the same time, assisted by my agents, I made all arrangements necessary for the purchase of the materiel of war specified by General

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