Message from the President of the United States: In answer to a resolution of the House of Representatives, transmitting reports from the Secretaries of State and of War in reference to Mexican border troubles: 45th Congress, First Session: Executive Document No. 13, House of Representatives [Digital Version]

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United States. President (1877-1881: Hayes), Message from the President of the United States (November 13, 1877)

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Title: Message from the President of the United States: In answer to a resolution of the House of Representatives, transmitting reports from the Secretaries of State and of War in reference to Mexican border troubles: 45th Congress, First Session: Executive Document No. 13, House of Representatives [Digital Version]
Alternate Title: Mexican Borders Troubles
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Contents


MEXICAN BORDER TROUBLES.
MESSAGE
OF THE
PRESIDENT OF THE UNITED STATES
IN ANSWER TO THE
RESOLUTION OF THE HOUSE OF REPRESENTATIVES
OF
NOVEMBER 1, 1877.

WASHINGTON, NOVEMBER 12, 1877.

WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1877

John Henry Brown

45TH CONGRESS, 1st Session. HOUSE OF REPRESENTATIVES. Ex. Doc. No. 13.


MEXICAN BORDER TROUBLES.
MESSAGE
FROM THE
PRESIDENT OF THE UNITED STATES,
IN ANSWER TO
A resolution of the House of Representatives, transmitting reports from the
Secretaries of State and of War in reference to Mexican border troubles.

NOVEMBER 13, 1877.—Referred to the Committee on Foreign Affairs and ordered to
be printed.

To the House of Representatives:

In answer to the resolution of the House of Representatives of the
1st instant, I transmit, herewith, reports from the Secretary of State
and Secretary of War, with their accompanying papers.

R. B. HAYES.
WASHINGTON, November 12, 1877.

DEPARTMENT OF STATE,

The Secretary of State, to whom was referred the resolution of the
House of Representatives of the 1st instant, requesting the President
"to communicate to the House of Representatives, so far as in his judgment
may be compatible with the public interests, all information in
his possession relating to the condition of the Mexican border in Texas
and to any recent violations of the territory of the United States, by
incursions from Mexico" has the honor to lay before the President the
papers specified in the subjoined list, which contain the information
called for by the resolution.

WM. M. EVARTS.
To the PRESIDENT.

List of accompanying papers.

DIPLOMATIC.

  1. Mr. Foster to Mr. Fish, [extract,] No. 503, March 3, 1877.
  2. Mr. Evarts to Mr. Foster, No. 379, March 31, 1877, with an accompaniment.
  3. Mr. Foster to Mr. Evarts, [extract] No. 528, April 24, 1877.
  4. Mr. Evarts to Mr. Foster, No. 385, May 2, 1877, with an accompaniment.

    2

  5. Same to same, No. 392, May 28, 1877, with an accompaniment.
  6. Mr. Foster to Mr. Evarts, [extract,] May 28, 1877.
  7. Mr. Evarts to Mr. Foster, No. 393, June 4, 1877, with an accompaniment.
  8. Same to same, No. 395, June 21, 1877, with accompaniments.
  9. Mr. Foster to Mr. Evarts, telegram, June 21, 1877.
  10. Same to same, No. 552, June 21, 1877, with an accompaniment.
  11. Same to same, No. No. 554, June 22, 1877, with accompaniments.
  12. Mr. Evarts to Mr. Foster, No. 397, June 22, 1877, with an accompaniment.
  13. Mr. Foster to Mr. Evarts, No. 560, June 28, 1877, with accompaniments.
  14. Same to same, No. 570, July 7, 1877.
  15. Same to same, telegram, July 9, 1877.
  16. Same to same, No. 572, July 9, 1877, with an accompaniment.
  17. Same to same, No. 580, July 24, 1877, with accompaniments.
  18. Governor Hubbard to the President, telegram, August 13, 1877.
  19. Mr. Seward to Governor Hubbard, telegram, August 14, 1877.
  20. Mr. Seward to Mr. Foster, telegram, August 15, 1877.
  21. Same to same, No. 411, August 15, 1877, with accompaniments.
  22. Mr. Foster to Mr. Evarts, telegram, August 23, 1877.
  23. Same to same, No. 590, August 23, 1877.
  24. Same to same, No. 593, August 30, 1877.
  25. Mr. Seward to Mr. Foster, No. 413, August 30, 1877, with an accompaniment.
  26. Mr. Foster to Mr. Evarts, No. 594, August 30, 1877.
  27. Same to same, No. 602, September 11, 1877.
  28. Same to same, No. 612, October 6, 1877.
  29. Same to same, No. 613, October 12, 1877, with accompaniments.
  30. Same to same, No. 615, October 16, 1877, with an accompaniment.
  31. Same to same, No. 616, October 18, 1877, with an accompaniment.
  32. Mr. Evarts to Mr. Foster, No. 421, October 24, 1877.
  33. Señor Mariscal to Mr. Evarts, April 28, 1877, with accompaniments.
  34. Mr. Evarts to Señor Mariscal, May 1, 1877.
  35. Memorandum left at department by Señor Mariscal on June 7,
    1877.
  36. Señor de Cuellar to Mr. Evarts, September 7, 1877, with an accompaniment.
  37. Mr. Seward to Señor de Cuellar, September 18, 1877.
  38. Señor Vallarta to Señor Mata, September 10, 1877, with an accompaniment.

CONSULAR.

  • 39. Mr. Wilson to Mr. Hunter, No. 274, March 9, 1877.
  • 40. Mr. Schuchardt to Mr. Hunter, No. 185, May 14, 1877.
  • 41. Mr. Weber to Mr. Hunter, No. 14, June 30, 1877.
  • 42. Mr. Schutz to Mr. Hunter, No. 13, July 13, 1877.

MISCELLANEOUS.

  • 43. Mr. Schleicher to the President, May 7, 1877, with accompaniments.
  • 44. Governor Hubbard to Mr. Evarts, October 10, 1877, with an accompaniment.
  • 45. Mr. Evarts to Governor Hubbard, October 22, 1877.

CORRESPONDENCE.
DIPLOMATIC.

No. 1.
Mr. Foster to Mr. Fish.
[Extract.]
No. 503.]

LEGATION OF THE UNITED STATES,

SIR:

In an interview which I had with General Diaz on the 23d ultimo,
to which reference is made in my No. 502 of this date, I referred to
the importance of the Government of Mexico giving greater attention to
the preservation of order on, and the prevention of raids into Texas,
from the Mexican side of the Rio Grande. I stated that this matter
had occasioned the most serious complaint against the administration
of Mr. Lerdo, and was a more threatening danger to the friendly relations
and peace of the two countries than any other. In the same connection
I made a number of suggestions as to measures which I
deemed it appropriate for him to take, among which were the designation
of a prominent and experienced general of the army, with a suitable
force, to take command on that frontier, and to act in accord with
the department commander in Texas; and that Cortina be deprived of
all authority there, and if possible, be withdrawn entirely from that
region.

In reply, General Diaz heartily coincided with me as to the importance
of the subject, and expressed his earnest desire to do all that was
possible to preserve order and prevent raids in future. He referred to
his recent presence on that frontier, which had afforded him an opportunity
to become familiar with the situation, and which he hoped would
enable him to adopt more efficient measures. He stated that Cortina
had already been ordered to the interior of the republic, and that he
would not be permitted to exercise authority on the Rio Grande. Altogether,
the conversation on the subject was satisfactory, but I will
take an early opportunity to again call the attention of General Diaz
to the matter, and ask for the adoption of rigorous measures.

I am, &c.,
JOHN W. FOSTER.
Hon. HAMILTON FISH,
Secretary of State, Washington, D. C.


4

No. 2.
Mr. Evarts to Mr. Foster.
No. 379.]

DEPARTMENT OF STATE,

SIR:

I transmit for your information a copy of a letter of the 28th
instant, and of its accompaniments, addressed to this department by
the Secretary of War. It sets forth many recent instances of marauding
parties of Indians and others from Mexico into Texas, and of robberies
and murders committed by them.

The opinion of Colonel Shafter that the only way to check these
atrocities is to follow the delinquents into Mexico and there attack
them in their lairs is probably well founded. As the authorities of that
country seem to be unable or unwilling to check the depredations, the
President may soon have to take into serious consideration the expediency
of acting pursuant to Colonel Shafter's opinion. Undoubtedly
it would be preferable to enter Mexican territory for the purpose indicated
with the consent or with the acquiescence of the government of
that republic. If, however, these should be refused and the outrages
persisted in, this government may deem itself warranted in punishing
the wrong-doers wherever they may be found.

It may not be amiss for you, informally, to intimate these views to
persons of importance at the capital.

I am, &c.,
WM. M. EVARTS.

[Inclosure to No. 2.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information copy of a communication of
the 9th instant, from Lieutenant-Colonel Shafter, commanding the district of the Nueces,
relative to the murder and robbery of American citizens in Texas by raiding parties
of Mexicans and Indians from beyond the Mexican border.

Very respectfully, &c.,
GEO. W. McCRARY,
Secretary of War.

HEADQUARTERS DISTRICT OF THE NUECES,

SIR:

I have the honor to report, for the information of the general commanding the
department, the following facts in reference to depredations recently committed by
marauding parties of Indians and Mexicans from the neighboring Republic of Mexico.

Since the 1st of October, 1876, there have been killed by parties of Indians, that have
been followed from the scene of the murder to the Rio Grande, seventeen men, and the
arms and horses taken from the murdered men have been openly offered for sale in the
town of Saragossa, Mexico.

Since the 30th day of December, 1876, there have been taken from within ten miles
of Fort Clark two large droves of horses, about 100 in all, and at least 300 head of
cattle in the two raids. The first party was followed about 150 miles into Mexico, to
their camp, where nearly a hundred of the cattle had been slaughtered, and the beef
was found drying.

Unfortunately the approach of the troops was discovered, and the Indians fled, and
have since then been hovering in the vicinity of the towns, to which they would retreat
if attacked.


5

In the two last raids the Indians were kept close to the river, and have recrossed
within a few hours.

To head these raiders is almost impossible, as they cross at night and are back again
before the second night has passed. Not the slightest attempt is made by the Mexican
authorities to control these Indians; they, on the contrary, finding a refuge in the towns
when pursued, and a market for their stolen plunder at all times.

Efforts are being made to find out the locality of their camp, and whenever the chance
occurs a dash will be made for it. It is, however, only a chance that they are hit, as
they are at all times on the alert, and especially so since their camp was struck in July
last by the detachment under Lieutenant Bullies.

To prevent, as far as possible, gathering cattle near the river and driving them to
Mexico, and also to have companies where they can be put quickly on the trail of
Indians who may come out some distance from the river to gather their herd, I have
determined to put a company of cavalry in camp on the Rio Grande, half way between
San Felipe and Fort Duncan, and another about ten or fifteen miles below the mouth
of Pecos. No expense will attend this move, as the companies will go out for a month
at a time, and be supplied from Fort Clark.

To effectually put a stop to the Indian raids from Mexico it will be necessary to do
all scouting for Indians on the Mexican side of the Rio Grande.

There are now none living in Texas, and hunting for little stealing parties of four or
five Indians on this side is useless. Full authority to operate in Mexico as we choose
is the only way in which life and property can be made secure on this frontier.

It is an incontrovertible fact that all the raids are made from Mexico to this side,
and none from this to Mexico, and the people who are being robbed and murdered are
American citizens.

I am, &c.,
W. R. SHAFTER,
Lieutenant-Colonel Twenty-fourth Infantry, Commanding.
ASSISTANT ADJUTANT-GENERAL,
Department of Texas, San Antonio, Texas.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF TEXAS,

A true copy. Respectfully forwarded to the assistant adjutant-general Military Division
of the Missouri, for the information of the Lieutenant-General commanding.

E. O. C. ORD,
Brigadier-General Commanding.

[Second indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

The Rio Grande is a very long and crooked frontier, and it is impossible to prevent
Indians coming over from Mexico and committing depredations of the character reported
within. I recommend the Mexican Government be compelled to prevent these
hostile incursions.

P. H. SHERIDAN,
Lieutenant-General Commanding.

No. 3.
Mr. Foster to Mr. Evarts.
[Extract.]
No. 528.]

LEGATION OF THE UNITED STATES,

SIR:

On the 21st instant I received your dispatch, No. 379, of the
31st ultimo, with which you transmit a copy of a communication and
its accompaniments from the Secretary of War, embracing a report from
Colonel Shatter concerning recent incursions of Indians from Mexico
into Texas.


6

In accordance with the indication contained in your dispatch, I called
upon Mr. Vallarta, at the foreign office, on yesterday, gave him the
facts contained in Colonel Shafter's report, and represented to him the
manner in which Colonel Shafter's recommendation for authority to
cross the border in pursuit of the raiders had been received by our government.
Whereupon a lengthy conversation followed on the general
subject of the Texas-border troubles.

I recalled to Mr. Vallarta's attention the fact that, in one of the first
interviews which I had with him after the establishment of General
Diaz's government in this capital, I represented to him in very strong
terms the urgent necessity there was to give early attention to the peace
and order of that frontier, and in my first audience with General Diaz I
made the same representations to him, assuring him that it was essential
to the maintenance of cordial relations between the two countries.
I stated that the recent occurrences on that frontier had fully confirmed
me in the suggestion which I first made to him, that a military officer of
high rank, character, and prudence should be sent to the Rio Grande
with a sufficient force of regular federal troops to repress the marauding
bands, and compel the local authorities to co-operate in enforcing
order and punishing the murderers and robbers.

I expressed regret that my suggestion had apparently had so little
effect, as the only person sent to that frontier was General Blanco, who
went to Matamoras simply on a political mission, unaccompanied by
any federal force, and that his mission, if I had not been incorrectly
informed, had proven the truth of the position frequently assumed by
me, that the state and local authorities in that region pay very little
regard to the orders or wishes of the federal government, as Governor
Canales, of Tamaulipas, refused to recognize General Blanco's authority
or to be governed by his orders, and that he found it necessary to return
to this capital, and I feared it was the same with the other authorities
on the Mexican side of the Rio Grande; so that Mr. Vallarta's government
ought not to consider it strange that the military officials of Texas
should deem it necessary to have authority to pursue the marauders
into Mexican territory and punish them for their murders and robberies.
This was no new declaration for me to make, as he would see by
an examination of my correspondence and interviews with his predecessors
in the foreign office.

I referred to the fact that notwithstanding my repeated remonstrances
with the past administration for a series of raids into Texas from Mexico,
resulting in murders, arson, plundering of government post-offices
and custom-houses, robberies, and other outlawry, up to the present
time not a single punishment had resulted on the part of the Mexican
authorities. The only action taken by the federal authorities
during my residence which indicated any vigor or decision was the
arrest of General Cortina by order of Mr. Lerdo, and that simply resulted
in bringing him to the capital to release him on parole. And it
appeared that the government of General Diaz had in his recent arrest
even treated him with greater consideration, as it had rescued him from
the death-penalty which Canales had caused to be pronounced against
him in Matamoras, and, according to the public press, had brought him
to this city to be acquitted of all blame.

Mr. Vallarta replied that General Diaz was fully impressed with the
importance of preserving the peace of the Rio Grande border, as he had
so freely expressed to me, and was desirous of doing all in his power to
that end; but that up to the present he had not been able to adopt such
measures as he desired, owing to the difficulties necessarily incident to


7

the readjustment of public affairs after the triumph of the revolution.
He said that his government agreed with me, that it was desraible to
send to that frontier an able and prudent general, with a sufficient Federal
force, to co-operate with the American military authorities; but in
order to make this co-operation fully effective it was highly desirable,
first, to have the official relations between the two governments restored.

I answered, that the peace of that region ought not to be endangered
by a delay in sending a federal force awaiting the recognition of General
Diaz's government. Mr. Vallarta acquiesced in this, but said that
it appeared important that an understanding be arrived at whereby the
American and Mexican military authorities might be able to co-operate
in their movements against the Indians and other raiders and outlaws,
and that such an agreement should be made by or have the approval of
both governments, and that the non-existence of official relations stood
in the way of such an understanding. He referred to the reported crossing
of Colonel Shafter at Piedras Negras early in this month as a violation
of Mexican territory, which did not appear to have the justification
alleged in his (Colonel Shafter's) recommendation to our government,
as the crossing of the river was not in pursuit of either Indians or other
raiders, but to demand the surrender of persons arrested in Mexico by
its authorities. To which I responded, that I was not authorized to discuss
that occurrence, as I had as yet received no information or instructions
concerning it; but, from my acquaintance with the treatment which
the Rio Grande troubles had received from the Mexican federal and
local authorities in the past four years, I was not surprised to be informed
that events had occurred which, in the judgment of our military
officers, had made a crossing of the border necessary.

Referring to the visit of General Blanco to Matamoras, Mr. Vallarta
said that his mission was purely of a political character, growing out of
the difficulties existing between Revueltas, Cortina, and Canales; but
he did not deny my allegation of the insubordination of Canales, now in
command at Matamoras. He stated that this visit had resulted in the
removal from that region of General Cortina, who was regarded as one
of the chief causes of the border troubles, and that his government considered
that as an important step in the direction of pacification, and
that whatever might be the treatment he would receive here he would
not be permitted to return to the Rio Grande.

Mr. Vallarta was quite earnest in impressing upon me the desirability
in this connection of restoring the official relations between the two
countries, upon which event, he said, depended the adjustment also of
other questions, to which he alluded in passing, but which need not be
referred to in this dispatch.

In this connection, it may be proper to refer to the fact that early last
year I obtained an assurance from the Mexican Government that it would
remove the small bands of Indians in Mexico, near the Texas frontier, to
distant points in the interior of the country, and place them under such
surveillance as to prevent their raids into Texas.

But the administration of Mr. Lerdo was so occupied with the revolution
that it never carried out this resolution. I hope with the establishment
of official relations to have this measure, so important for our
frontier protection, carried into execution.

I am, &c.,
JOHN W. FOSTER.


8

No. 4.
Mr. Evarts to Mr. Foster.
No. 385.]

DEPARTMENT OF STATE,

SIR:

Referring to your dispatch No. 522, I transmit herewith for your
information, and to enable you to make explanations upon the subject, a
copy of a letter, under date of the 19th ultimo, from the Secretary of
War, and of the report of General E. O. C. Ord, which accompanied it, in
relation to the crossing of United States troops into Mexican territory
at Piedras Negras.

I am, &c.,
WM. M. EVARTS.

[Inclosure to No. 4.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information the inclosed copy of a report
made by General E. O. C. Ord, commanding Department of Texas, on a communication
from the Department of State, dated the 21st ultimo, inclosing a copy of a dispatch,
dated 9th March last, from the United States consul at Matamoras, suggesting the
withdrawal of the United States gunboat Rio Bravo.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The Hon. SECRETARY OF STATE.

Copy of indorsement and inclosures thereto, containing report or communication from Department
of State of March
21, 1877, inclosing copy of dispatch of 9th instant, from United
States consul, Matamoras, suggesting the propriety of withdrawing the United States gunboat
Rio Bravo, from that place, requesting War Department views in the premises.

[First Indorsement.]

HEADQUARTERS OF THE ARMY,

Respectfully referred to the commanding general Department of Texas, through Headquarters
Military Division of the Missouri, for his opinion and report. These papers
to be returned therewith.

W. T. SHERMAN,
General.

[Second Indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully transmitted to the commanding general Department of Texas.
By command of Lieutenant-General Sheridan.

R. C. DRENO,
Assistant Adjutant-General.

[Third Indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully returned to the Adjutant-General of the Army, calling attention to the
objections of General Ord stated in the inclosed report.

P. H. SHERIDAN,
Lieutenant-General Commanding.


9

Report.

HEADQUARTERS DEPARTMENT OF TEXAS,

SIR:

The letter, herewith returned, of Consul Wilson evidently conveys erroneous
impressions. The gunboat was ordered to Brownsville, and is not nor has been at a
foreign port, that I am aware of, except for a few days. The order was issued, sending
her to the station, at the special request of the general commanding the department,
made through the general of division and commanding general to the President, and
approved by him, the object being to suppress raiding and have ready facilities for
crossing into Mexico, so as to seize stolen property, which the so-called authority were
averse to or unable to recover. The raiding still continues, and the unreliable character
of the local, as also State, authorities is as fully as great, if not greater, than when
the department commander applied to have a gunboat stationed at Brownsville.

I visited Matamoras and Brownsville about four months since. General Revueltas,
a gentleman and good officer, was then in command at Matamoras, and had been for
some six months; but there was a want of harmony and personal good feeling between
the consul and the commanding officers, both of the Army and Navy. The military
authorities ascribed this to the disposition of the Mexican commanding to consult them
rather than the consul, and to the fact that on official or formal reception the consul
had not been assigned the first place.

The character for sobriety of the commander of the Rio Bravo was such that I examined
into this matter with some care, and I came to the conclusion that the interests
of the United States would be promoted if both the consul and the present commander
of the gunboat at Matamoras could be placed at some other station. (See my
telegraphic report in regard to the request of Texas delegates for the release of one
John Jay Smith.) I also recommend that the naval commanders there have authority
to hire, when a demand should occur for its use, a light-draught steamboat, such a
one as can be found at any time lying alongside the Bravo, that boat being too heavy
to get up the river, except at high-water; then the naval detachment could really be
of use in suppressing raiding, and could reach objective points up the river. The gunboats
furnished her are also too deep for this purpose.

In connection with this matter, I beg to call the attention of the Secretary of State
to the evident aid recent change in the demeanor of the local and revolutionary authorities
along the Mexican borders adjacent to this department. As long as President
Juarez or Lerdo were in authority at the center of Mexico, and when the border State
authorities pretended to defer to those central governments, there was some respect
and good-will shown to the American agents and military commanders along the Rio
Grande; but since the last revolution in Mexico the worst elements seem to have come
to the surface, and instead of respect or cordiality between the local and revolutionary
authorities and that of our government, there is often open and undisguised hostility.

The condition of affairs on this frontier is such as to call for serious consideration,
whether it is not now necessary for this government, for the protection of its citizens
along this border, to do something besides act as spectator of the contest between
guerrilla leaders for mastery in contiguous States of Mexico. Our citizens are being
now plundered more than has been customary by the bands of Indians from the opposite
side, some of whom exhibit passes from the local authorities, and there seems to
have been an offensive alliance entered into between them and the local governor of
Coahuila.

Recently, when I learned that the alcalde of Piedras Negras had arrested a couple of
guides who had been employed as trailers to follow raiding bands across into Mexico,
under authority from the general commanding the Army, and who I learned would probably
be executed, I telegraphed for their status. (See reply, marked "A.") I then directed
formal application for their release; and Col. Schofield informed me that the
alcalde refused, stating that his orders were to imprison all who had guided us in Mexico,
(see telegram marked "B.") Upon the principle that if two of our Crow Indian guides
were in the hands of the Sioux, we would deserve and receive no respect from the Crow
allies, or any other, if we did not make every effort to release our guides, I telegraphed.
the commander of the district to use his available troops promptly to secure their release.
But as the present governor is reputed energetic and prompt in shedding the blood of
prisoners, I fear the efforts to release them will be futile.

In Chihuahua I learn that there is a contest waging between Diaz, aided by the wild
Indians and other desperate adventurers, and the parties claiming to act under the
Diaz faction. The probabilities are that Diaz will win.

I should add, in explanation of the matter of the guides, that a few months since,
when Colonel Shafter employed the Mexican guides, the authorities then in power
were disposed to encourage his pursuit of the raiding Indians, and consented to his
crossing into Mexico The services of the guides were secured, I believe, through the
agency of the American consul, Mr. Schuchardt, who furnished the information lately


10

that they would probably be summarily executed. (See General Schofield's dispatch,
"C." Since writing the above, the dispatches received marked "D" and one sent
marked "E.")

Very respectfully, your obedient servant,
E. O. C. ORD,
Brigadier General, United States Army, Commanding.
ASSISTANT ADJUTANT-GENERAL,
Military Division of the Missouri, Chicago, Ills.

P. S.—I would respectfully refer to General Thomas L. Rane, of Kanesville, Pa., who
recently visited this country and Coahuila, Mexico, for his views, and to some extent
as witness to the terrorism among the frontier settlers on account of the continual
raiding and frequent murders committed by the Indians from Mexico.

Respectfully, &c.,
E. O. C. ORD,
Brigadier-General Commanding.

[Telegram.]

WAR DEPARTMENT, SIGNAL-SERVICE, U. S. A.,


Dated Received at

To TAYLOR, A. A. G.,
San Antonio:

Detachment of Eighth Cavalry from Ringgold, with hide-inspector, captured three
cattle-thieves, with seventy head of stolen stock.

DEVINE,
Commanding.

[Telegram.]
General Ord to General Shafter.

HEADQUARTERS DEPARTMENT OF TEXAS,

Colonel SHAFTER,
Commanding District Nueces, Clark:

Send the following to Colonel Taylor or Post Commander Duncan.

Shafter telegraphs that his two late guides are seized and in danger at Piedras
Negras. See authorities and call attention that this indicates a determination on their
part to protect the raiding Indians. Say that I act by authority from Washington
when I pursue them with view to punish them and recover their booty; that parties
protecting them become like the principals in the robberies and will be so considered.
I have telegraphed Shafter to say to Schuchardt that if the guides claim to be American
citizens he, Shafter, must protect them. Use your discretion in communicating
the last information to the authorities, for if it becomes necessary to take summary
action, perhaps better not warn them.

ORD,
Brigadier General.

WAR DEPARTMENT, SIGNAL-SERVICE,

To General ORD, San Antonio:

If telegram from Schofield, which I expect to-night, indicates danger of execution
of the men, I will be at Duncan to-morrow with Colonel Shafter and sufficient force to
release the men. I will give Colonel Shafter the necessary orders in writing and
accompany the troops.

TAYLOR,
Acting Adjutant General.

WAR DEPARTMENT, SIGNAL SERVICE, U. S. A.,

Dated

To General ORD, San Antonio:

Schuchardt thinks if the demand for release is made by me as you direct, the authorities
will give the men up. I believe they will.

SCHOFIELD.


11

A.

WAR DEPARTMENT, SIGNAL SERVICE, U. S. A.,


Dated

To General ORD, San Antonio:

They are in prison at Piedras Negras, held as traitors.

SCHOFIELD.
Schuchardt is in office.

NOTE.—Above in answer to telegram asking status of guides reported in prison.

E. O. C. O.

B.

WAR DEPARTMENT, SIGNAL SERVICE, U. S. A.,


Dated

To General ORD, San Antonio:

Saw authorities at Piedras Negras last night, but made no positive demand and no
threat; they are decidedly firm, and are acting by authority of governor of State at
Saltillo. Governor was notified by courier two days ago of arrest. From this I judge
the men will not be sent off unless we alarm them. The governor's order did not designate
these two men by name, but was general—regard to all who had guided United
States troops into Mexico. Full particulars telegraphed Shafter.

SCHOFIELD.

C.

WAR DEPARTMENT, SIGNAL SERVICE, U. S. A.,


Dated

To General ORD, San Antonio:

Schuchardt says the authorities will give the guides a sham trial and then shoot
them. I will visit Piedras Negras to-night, and see the authorities under your
instructions.

SCHOFIELD.

NOTE.—Schuchardt is the American consul at Piedras Negras. By authorities, he
means revolutionary alcalde.

ORD.

D.

WAR DEPARTMENT, SIGNAL SERVICE, U. S. A.,


Dated

To ORD, Brigadier-General:

I arrived here with Shafter last night at 10.30 o'clock. At 2 a. m. Shatter moved up
the river with three companies of cavalry, and crossed Rio Grande with view of moving
down and occupying rear of Piedras Negras. At early dawn, as soon as we could see to
move intelligently, Schofield crossed with two companies of infantry. I accompanied
the latter command. We were challenged and threatened by small party, but no other
opposition was made. The detachment landed, moving rapidly, occupied the main
plaza, seizing the jail in which the prisoners were supposed to be confined. The door
of the cell was found open as well as the main entrance, and the jail deserted. Shortly
afterward the cavalry came in from the rear. The prisoners had, I think, been removed
in the early part of the night, the Mexicans having learned that interest was taken by
us. Authorities on the river were, no doubt, on the qui vive, and had confederates on


12

this side to give warning. I do not think any better arrangements than those adopted
could have been made. As soon as the fact was discovered that the prisoners had been
removed, the town was evacuated. While held no violence was done to any citizen;
no shot fired. Everything was conducted in the most orderly and soldierly manner.

TAYLOR, A. O. G.

E.

HEADQUARTERS DEPARTMENT OF TEXAS,

To Colonel TAYLOR, Fort Duncan:

Send promptly through alcalde of Piedras Negras, to the governor of Coahuila this:

"The department commander of Texas has learned with surprise that the governor
of Coahuila has ordered the arrest of two men who acted as guides to a party of United
States troops, in pursuit of wild Indians, who were taking refuge in the mountains of
Mexico with stock stolen from the United States. That injuries to these guides for services
done the United States Government, or an expedition which was undertaken with
the consent of the de facto commander of the Mexican forces of the district, cannot but
be regarded as a declaration on the part of the present governor to co-operate with
the wild Indians, refugees from the United States, in their depredations upon this Territory,
and will be so reported to the President. Sign by order. State that this letter
is telegraphed."

ORD.

No. 5.
Mr. Evarts to Mr. Foster.
No. 392.]

DEPARTMENT OF STATE,

SIR:

I transmit a copy of a letter of the 16th instant, and of its
accompaniments, addressed to this Department by the Secretary of War.
It relates to another raid into Texas by Mexicans and Indians from
Mexico, the result of which was a theft of two hundred head of cattle.

It is apprehended that the Mexican Government is not well aware
that, although for a heavy pecuniary consideration, it has released the
United States from the obligations in respect to predatory incursions of
Indians from this country into Mexico, the obligations of that government
in respect to similar marauders from that country into the United
States are entire, as provided for both by public law and by treaty. The
duty of that government, therefore, at least to aid in restraining its
savages from depredations upon us, seems to be clear. If this duty shall
continue to be neglected, we may be compelled in self-defense to disregard
the boundary in seeking for and punishing those bandits.

You will make known these sentiments in the proper quarter, but it
is not expected that at present you will address an official remonstrance
to that government on the subject.

I am, &c.,
WM. M. EVARTS.

[Inclosure to No. 5.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a report of Lieut.
Col. W. R. Shafter of a raid by Mexicans and Indians in Texas, carrying off two hundred
head of cattle, and beg to invite your attention to the remarks of Lieut. Gen.
Sheridan indorsed thereon.

Very respectfully, &c.,
GEO. W. McCRARY,
Secretary of War.


13

[Telegram.]

SIGNAL SERVICE, U. S. A.


Dated

TAYLOR, A. A. G.,
D. Texas, San Antonio, Texas:

The following dispatch received yesterday from Castroville:

"Party of thirty-five Indians and Mexicans raided through Quihi, Hondo, and New
Fountain last night, carrying off two hundred head of horses; trail moving southwest,
crosses line eight miles below here."

Immediately upon receipt of this dispatch, Lieutenant Stevenson, with forty men,
has been ordered to the Nueces, about sixty miles southeast of Duncan. Company B,
Tenth Cavalry, is at Duncan, ready to start in any direction required. Orders were
also sent to Lieutenant Van Vliet, in Frio Cañon, to go to Dhanis, take the trail and
follow it. Rangers in Nueces Cañon and people at Frio City, also notified three companies
cavalry near here, one company at San Felipe and Bullis, between mouth of
Devil's River and Pecos, ready to start as soon as I can get definite information as to
point they are bearing for.

SHAFTER, Commanding.

[Telegram.]

To TAYLOR, A. A. G.:
Department Texas, San Antonio:

Following telegram received:

"Lieutenant Dolan, Texas Rangers, says, 'I followed the Indian trail near Pendencia;
rained hard and put out trail; think they crossed below Presidio; they have
about thirty-five horses to my knowledge; may have had more. Indians had a fight
with citizens at Lumaville, in which one Indian and one white man was killed.'"
Schofield says: Courier in from Stevenson says several bands Indians in vicinity of
Corisa. Followed one trail of twelve, but lost it in heavy rain-storm. Indians in
small parties are hidden in thick brush watching chance to steal stock. Thinks he can
catch some of them there. Telegrams were received on 26th. To-day Van Vliet reports
from Frio City: The recent raids in this section have been committed by a party of six
Indians, who, commencing at Iuihi, worked southwest along the Pecos. They were
pursued from the Lona by a party of herders southwest and one of their number killed
50 miles from here, and 30 head of stock recaptured. This occurred on 23d instant.
The Indians were scattered and could not be overtaken, since which time trail has
been entirely washed out. Stevenson with 40 men of Company K, Eighth Cavalry, and
Dhani's Company, is now on the Nueces trying to hunt up Indians hiding there. Boyd,
with Company B. Eighth Cavalry, is scouting along the river, 35 miles below Duncan,
toward mouth of San Pedro. Don't think they will get off with much stock.

SHAFTER, Commanding.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF TEXAS,

A true copy. Respectfully forwarded to the assistant adjutant-general, Military
Division of the Missouri, for the information of the Lieutenant-General commanding.

J. H. TAYLOR,
Assistant Adjutant-General in the absence of the Brigadier-General, Commanding.

[Second indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

As I have heretofore had occasion to observe, the Rio Grande is a very long and difficult
frontier to protect, and notwithstanding the activity of our troops it is found
almost impossible with the means at hand, to prevent these marauding incursions from
Mexico, and I recommend that the proper authorities take some steps to require the
Mexican government to aid in the protection of that frontier.

P. H. SHERIDAN,
Lieutenant-General, Commanding.


14

No. 6.
Mr. Foster to Mr. Evarts.
[Extract.]

UNITED STATES LEGATION,

SIR:

Mr. Vallarta informs me that the President will dispatch to that frontier
a prominent and prudent general, with a sufficient Federal force to
compel obedience and co-operation on the part of the local authorities,
and that the General in command will place himself in communication
and act in accord with General Ord in repressing outlawry on that frontier.
Mr. Vallarta said his government recognized the importance of
the frontier question, and was determined to do all within its power to
bring about a satisfactory solution of it.

Very truly,
JOHN W. FOSTER.

No. 7.
Mr. Evarts to Mr. Foster.
No. 393.]

DEPARTMENT OF STATE,

SIR:

Referring to the previous correspondence upon the subject, I
transmit herewith a copy of a letter, under date of the 1st instant,
from the Secretary of War, and of its accompaniment in relation to the
suppression of raids by marauding parties from Mexico across the border
into Texas.

I am, &c.,
WM. M. EVARTS.

[Inclosure to No. 7.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

I have the honor to transmit, herewith, for your information, a copy of instructions
issued to General W. T. Sherman, commanding the Army of the United States, in relation
to the suppression of raids, by marauding parties from Mexico, across the border
into Texas.

Very respectfully, &c.,
GEO. W. McCRARY,
Secretary of War.

Secretary of War to General Sherman.

WAR DEPARTMENT,

GENERAL:

The report of W. M. Shafter, lieutenant-colonel, Twenty-fourth Infantry,
commanding the district of Nueces, Texas, concerning recent raids by Mexicans and
Indians from Mexico into Texas for marauding purposes, with your indorsement of the


15

29th ultimo, has been submitted to the President, and has, together with numerous
other reports and documents relating to the same subject, been duly considered.

The President desires that the utmost vigilance on the part of the military forces in
Texas be exercised for the suppression of these raids. It is very desirable that efforts
to this end, in so far at least as they necessarily involve operations on both sides of the
border, be made with the co-operation of the Mexican authorities; and you will instruct
General Ord, commanding in Texas, to invite such co-operation on the part of
the local Mexican authorities, and to inform them that while the President is anxious
to avoid giving offense to Mexico, he is nevertheless convinced that the invasion of our
territory by armed and organized bodies of thieves and robbers to prey upon our citizens
should not he longer endured.

General Ord will at once notify the Mexican authorities along the Texas border, of
the great desire of the President to unite with them in efforts to suppress this long-continued
lawlessness. At the same time he will inform those authorities that if the
Government of Mexico shall continue to neglect the duty of suppressing these outrages,
that duty will devolve upon this government, and will be performed, even if its performance
should render necessary the occasional crossing of the border by our troops.
You will, therefore, direct General Ord that in case the lawless incursions continue he
will be at liberty, in the use of his own discretion, when in pursuit of a band of the
marauders, and when his troops are either in sight of them or upon a fresh trail, to follow
them across the Rio Grande, and to overtake and punish them, as well as retake
stolen property taken from our citizens and found in their hands on the Mexican side
of the line.

I have, &c.,
GEO. W. McCRARY,
Secretary of War.

No. 8.
Mr. Evarts to Mr. Foster.
No. 395.]

DEPARTMENT OF STATE,

SIR:

I transmit a copy of letters to this department from the Secretary
of War, of the 13th, 15th, and 16th instant, with their accompaniments.
They relate to a conflict between troops in the service of Diaz
and other forces, supposed to be in the interests of Lerdo, on the Rio
Grande frontier. It seems that the Diaz troops, after defeating and
routing their adversaries on Mexican soil, pursued them into Texas,
where they again attacked and dispersed them. This was a violation
of the territory of the United States which you will lose no time in remonstrating
against.

While it is deemed hardly probably that this unjustifiable invasion
of American soil was made in obedience to any specific orders from the
Mexican capital, it is, nevertheless, a grave violation of international
law, which cannot, for a moment, be overlooked. You are instructed
to call the attention of the officers of the de facto government with
whom you are holding unofficial intercourse, to this case, and to say
that the Government of the United States will confidently expect a
prompt disavowal of the act, with reparation for its consequences, and
the punishment of its perpetrators.

I am, sir, &c.,
WM. M. EVARTS.

[Inclosure 1 in No. 8.]
Mr. Crosby to Secretary of State.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information copy of a telegram from
General Sheridan, communicating a dispatch from the adjutant-general, Department


16

of Texas, relative to two engagements alleged to have taken place between Mexican
troops and revolutionists under Valdez, the first occurring on the Mexican side, the
latter on the American side of the Rio Grande; also a copy of a telegram to General
Sheridan communicating the action of the President in the premises.

Very respectfully, your obedient servant,
H. T. CROSBY,
Chief Clerk.

[Telegram.]


(Received,

To General E. D. TOWNSEND,
Washington, D. C.:

The following dispatch from the adjutant-general, Department of Texas, has just
been received and is forwarded for the information of the General of the Army. I
would state that the recent telegram from the General of the Army, enjoining a greater
degree of caution upon General Old, was immediately transmitted to him. The man
Valdez, referred to in Captain Kelley's dispatch, is, to the best of my recollection, a
revolutionary leader in Mexico. He was at one time driven to the American side of
the river at Eagle Pass, where he surrendered himself and his troops and was sent as
a prisoner to San Antonio, and afterwards released. I think that he is now at the
head of a movement in the interests of ex-President Laredo, (Lerdo,) and probably has
his backing at San Antonio, where General Escob do has recently been staying. I
presume that the two engagements which Captain Kelley says occurred, one on the
Mexican side of the Rio Grande and the other upon our side, took place between wine
parties commanded by Valdez and the regular troops of the Diaz government. I apprehend
nothing from this affair save the ordinary confusion incident to the Rio Grande
frontier.

P. H. SHERIDAN,
Lieutenant-General.


The following just received, and answered not to cross:

"To General ORD, San Antonio:

"Following just received. My men will be ready to start by midnight. Shall I cross
the Rio Grande in pursuit of these troops and attack them if I can overtake them?
Please answer at once.

"RAFTER (SHAFTER?)
"Commanding Post.

"To ACTING ASSISTANT ADJUTANT-GENERAL,
District of Nueces:

"'I have the honor to report that a few moments ago three men of the commands of
Winkar and Valdez came into camp in great haste reporting that yesterday while in
camp in Mexico, not far from the mouth Devil's River, they (Winkar's command) had an
engagement with Mexican regular troops, and being defeated fled to the American side
of the river and encamped near Painted Caves, about the vicinity of Lieutenant Bullis's
old camp. They report that to-day about noon they were attacked in camp by the
Mexican troops, and before they had time to escape many were killed. The Mexican
Troops numbered about 400. Any refugees will be retained in camp here until I
receive orders concerning them. I start with all available men—thirty-five—to the
scene of the attack. Colonel Martinez is one of the men here.

"'J. M. KELLEY,
"'Captain Tenth Cavalry.'"
General Ord left here this morning for Eagle Pass.
TAYLOR,
Acting Adjutant-General.


17

[Telegram]

HEADQUARTERS OF THE ARMY, ADJUTANT-GENERAL'S OFFICE,

Lieutenant-General P. H. SHERIDAN,
Commanding Division Missouri, Chicago, Ill.:

Your dispatch of 12th, concerning crossing of Mexican troops into Texas, read to the
President, and orders for our troops not to cross approved.

E. D. TOWNSEND,
Adjutant-General.

[Inclosure 2 in No. 8.]
Mr. Crosby to the Secretary of State.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, a copy of a telegram from
Lieutenant-General Sheridan dated the 15th instant, reporting that Colonel Shafter
has interned a number of Mexican soldiers recently engaged in conflicts on the Rio
Grande, and who fled to our side of the river; also a copy of the reply of the Adjutant-General
of the Army to General Sheridan's question as to what disposition should be
made of the persons above referred to.

Very respectfully, your obedient servant,
H. T. CROSBY,
Chief Clerk.

[Telegram.]

(Received,

To General E. D. TOWNSEND,
Washington, D. C.:

Colonel Shafter, commanding at Fort Clark, Texas, has interned two colonels, two
lieutenant-colonels, five captains, and forty-five privates, Mexicans recently engaged
in conflicts on the Rio Grande, and who fled to our side. What shall be done with
these prisoners? I doubt if they are worth the rations which we will be obliged to
issue to them if we keep them.

P. H. SHERIDAN,
Lieutenant-General.

[Telegram.]

HEADQUARTERS OF THE ARMY,

Lieutenant-General SHERIDAN,
Commanding Division Missouri, Chicago, Ill.:

Your dispatch concerning interned Mexicans has been submitted to the President,
who directs that, if necessary to preserve peace on the borders, they be kept under the
present restraint and rationed until further orders.

E. D. TOWNSEND,
Adjutant-General.

[Inclosure 3 in No. 8.]
Mr. McCrary to Secretary of State.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, a copy of a telegram of the
11th instant from General Ord, stating that he had anticipated the order not to cross
into Mexico, and given instructions accordingly. He repeats a telegram from Mr.
Schuchardt concerning Areolo and his band; and states that the central government
has no troops to maintain its authority on the frontier.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.

H. Ex. Doc. 13—2


18

[Telegram.]

General DRUM, Chicago:

Telegram regarding raids received. Anticipated that orders (to) cross might stir up
central authority. Instructions had been sent to meet such action. At present central
Mexican Government not troops to maintain its own authority on frontier. Following
shows:

"To Colonel SHAFTER, Fort Clark, Tex.:

"Areola, a noted bandit, terror of all parties, with thirty men, is in the oak timber
at La Frieta y Una, a creek that empties about seven leagues above San Felipe into
the Rio Grande valley—anti-Diaz. Surprised a detachment at San Juan de Sabinas,
captured a lot of horses and arms, and eight prisoners. General Trevino, of Diaz's faction,
is at Santa Rosa. An American who came yesterday from Monclara says there
is not over 200 regular soldiers between here and Saltillo.

"WM. SCHUCHARDT."
ORD,
Brigadier-General Commanding.

[First indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant-General Commanding.

No. 9.
Mr. Foster to Mr. Evarts.
[Telegram.]

Hon. WILLIAM M. EVARTS,
Secretary of State, Washington:

Mexican minister of war issued order on 18th, occasioned by Secretary
McCrary's instructions to General Ord, but was not made known
to me till after departure of steamer's mail. It orders General Trevino
and northern division of army to frontier at once, to prevent raids into
Texas and repel with force any invasion of Mexican territory by American
troops. It characterizes instructions to Ord as violation of treaties,
of rules of international law, and even of practice of civilized nations,
and as an insult sought to be inflicted on Mexico.

JOHN W. FOSTER.
(Via Brownsville, June 28.)

No. 10.
Mr. Foster to Mr. Evarts.
No. 552.]

LEGATION OF THE UNITED STATES,

SIR:

I inclose herewith a copy and translation of the instructions of
the Mexican minister of war, dated on the 18th instant, addressed to
General Trevino, commanding the division of the north of the Mexican


19

army. These instructions are occasioned by the receipt of a copy of
Secretary McCrary's order to the General of the Army containing the
instructions to General Ord in reference to preventing the raids from
Mexico into Texas.

In view of the extraordinary character of the inclosed order, I have
protested to the minister of foreign affairs against its unwarranted
assertions in regard to the action and intention of our government,
and have stated that I regard its spirit as unfriendly and calculated
unduly to excite and prejudice the Mexican people against the United
States.

I am, &c.,
JOHN W. FOSTER.

[Inclosure in No. 10.—Translation.]
Order of Mexican minister of war.
DEPARTMENT OF WAR.

The United States War Department has issued an order on the 1st instant, a translated
copy of which I herewith, inclose, authorizing the troops of that country to
invade our national territory, with the object of pursuing the evil-doers to which it
refers, to capture the same, punish them, and recover the property stolen from the
United States citizens. Although the plenipotentiary of Mexico at Washington, who
protested against that order on account of the offense that it implies toward our
country, assures the foreign department by telegraph that he has received friendly
explanations from the American Government, the President thinks that the honor of
the country will not be satisfied except with a modification of the said order, in such
terms that it shall not be in contradiction, as it is now, with the treaties in force between
Mexico and the United States, with the rules of international law, and even
with the practice of civilized nations.

The President has already disposed what is convenient in order that the serious
questions to which that order has given rise be treated in a suitable form and manner
with the Cabinet of Washington; but as its urgency on the frontier of the neighboring
republic may occasion conflicts between the two nations, even before those questions
can be discussed, the same supreme magistrate has deemed it his duty to communicate
to you, as commander of the line of the north, certain instructions which
may prevent as far as possible the said conflicts, or at least in an extraordinary case
preserve the honor and dignity of the republic.

Therefore the President determines that as soon as you receive the present communication
you shall order the division under your command to be situated at such points
as you may deem convenient, with the object of protecting the Mexican frontier, and
preventing that the robbers of either side of the Rio Grande shall remain unpunished
for the mere fact of crossing the river. To this effect you will, with the utmost zeal
and activity, pursue the evil-doers that may commit any robberies on Mexican territory
who seek to escape to the United States, as well as those who, committing any
robberies in the neighboring country, shall come to Mexico fleeing from justice, and
seeking impunity in our territory.

These prosecutions which you may order shall only be made within the limits of
the republic, and once that the criminals shall have been captured, you will place the
same at the disposition of the competent courts.

Mexico has celebrated with the United States an extradition treaty, which was published
on the 20th of May, 1862. This treaty is in full force, and you will subject your
conduct to the same, whenever any criminals captured by your forces be claimed by
the military or civil authorities of the neighboring republic, and those that may have
committed any of the offenses stipulated in said treaty. Whenever, in order to effect
the pursuit referred to, it be necessary to act in accord with the military or civil authorities
of the United States, you will invite the same so that they may co-operate
with you toward the success of the respective operations.

And when you, on the other hand, receive a like invitation from the said authorities,
you will zealously endeavor to accede to it, doing everything in your power in
order to capture the criminals. This agreement between the commanders and authorities
of both countries shall in no case authorize the passing of foreign troops into our
territory, an authorization which cannot be granted even by the President of the republic,
because fraction 16, article 72, of the federal constitution reserves it exclusively


20

to the Congress of the union. In obedience to that law, you will by no means consent
that the troops of the United States enter our territory, and out of respect to sovereignty
of that republic, you will likewise prevent Mexican forces from trespassing
on foreign soil.

At the shortest possible time you will communicate to General Ord, or to the superior
commander of the United States forces on the frontier, these instructions, acquainting
him at the same time with the dispositions you may dictate, in order to render them
effective. You will also endeavor to accord with the said commander with regard to
the operations to be undertaken in combination with him for the capture of evil-doers
and their most effective punishment, giving him to understand that the desires of the
President on this point have no other restrictions than those imposed upon him by
international law, the treaties now in force between the two countries, and the dignity
of the republic. And, as a consequence of those restrictions, you will inform the said
commander that as the Government of Mexico cannot allow a foreign force to enter
the national territory without the consent of the Congress of the union, and much less
that the said force shall come to exercise acts of jurisdiction, as those expressed in the
order of the United States War Department, you will repel force by force should the
invasion take place.

In dictating this extreme measure the President has had in view those considerations
which no Mexican can forego when the defense of the national honor is in question.
The Supreme Magistrate of the republic believes that he faithfully interprets
the feelings of the Mexicans if he accepts the situation in which he is placed rather
than the humiliation of an offense which would reduce Mexico to the condition of a
barbarous country, and beyond the communion of international law. The President
does not wish, however, that the attitude assumed by the soldiers of the republic in
front of troops trespassing upon our territory, infringing international law, be reputed
as an act of hostility toward the United States, but that it be considered as the exercise
of the legitimate right of self-defense that appeals to arms only in the extreme
case when amicable means are unavailable to make it respected.

This is not the proper time, nor is it of the incumbence of this department to discuss
the order of the United States War Department showing the errors contained in
Colonel Shafter's report, which has given rise to the same, nor inquiring into whether
the Mexican Government has neglected its duty in preventing on its part the depredations
of the marauders on the frontier, a reason or motive appealed to by the American
Government in order to take upon itself the fulfillment of that duty, ordering even
the invasion of our territory. In order to treat this matter conveniently the necessary
instructions have been given to our minister at Washington.

I request you to appoint a commissioner ad hoc near the American commander, who
shall express to him what I have here stated. Send to the said commander by that
commissioner a certified copy of this communication so that he may become thoroughly
acquainted with the measures dictated by the government of the republic.

I deem it unnecessary to recommend to you the faithful and exact fulfillment of the
instructions I hereby communicate to you by order of the President; our national
honor is therein interested, and this suffices to expect of your patriotism to act with
the prudence demanded by this serious question, in order to avoid any cause of conflict
between the two countries; acting, however, with due energy, and repelling by force
the insult that it is being sought to inflict on Mexico by the invasion of her territory.

City of Mexico, June 18, 1877.
PEDRO OGAZON.
To the General of Division, GERÓNIMO TREVIÑO,
In command of his forces, Piedras Negras.

No. 11.
Mr. Foster to Mr. Evarts.
No. 554.]

LEGATION OF THE UNITED STATES,

SIR:

The feeling which has been manifested by the Mexican public
upon the publication of the instructions to General Ord in regard to the
Rio Grande frontier has been most intense. That which has contributed
most to fan this feeling into a flame has been the order of the Mexican


21

minister of war to the commander of the northern division of the army,
which order I inclosed in my No. 552.

As indicating the temper of the public mind I inclose herewith
articles from the leading newspapers published in this capital upon the
subject.

I am, &c.,
JOHN W. FOSTER.

[Inclosure 1 in No. 11.]
[From La Epoca—Diaz administration.]
THE DIFFICULTIES WITH THE UNITED STATES OF THE NORTH.

At this moment it is difficult, if not impossible, to judge with calmness what is passing
between Mexico and the United States of the North. Nevertheless it is our duty
to examine every question with impartiality, and we will now comply with our obligations
as far as it is possible.

The origin, or the pretext at least, of these difficulties are the depredations which
it is said are committed on the American side by bands of robbers organized on this
side of the Bravo, (Rio Grande.)

The pretext, which is presented as a motive for the hostilities which the American
Government has really declared against Mexico, contains the explicit defense against
the charges made against her.

As Mr. Iglesias says in his protest, it has been demonstrated by facts, with which the
American Government is acquainted, that said invasions are reciprocal. Sometimes
the robbers pass from Mexico to the United States; at others they come from Texas to
Mexico. As a proof of this truth, we can cite a case which came to the notice of the
department of foreign affairs. Some marauders having been apprehended by the
Mexican authorities, it was found that they had arms and overcoats belonging to the
United States.

We should suppose that the government has always been animated by a lively consciousness
of its international duties, and for this reason, if it did not prevent the
depredations of its citizens on Mexican territory, it was not because it did not wish to
do so, but because it could not, notwithstanding its immense elements of strength and
power. And this is the truth; that immense zone is a desert, and a numerous army
would not be sufficient to absolutely prevent evil-doers in either country from committing
depredations on pacific people on both sides of the Rio Bravo. The fact, then,
that the American Government, feeling its impotence to protect its own household,
demands of us, placed as we are by misfortune in conditions inferior in power to it, to
do what it cannot do, is an unpardonable act, a scandalous abuse of brute force. These
considerations become the more serious when we remember that this same government,
far from facilitating our action on the frontier, has permitted conspiracy and the
organization of bands of marauders. That these individuals have been conspiring
against the established government, and that Winkar has entered Mexican territory
at the head of a band organized in the United States, is public and notorious in Texas
and in the whole world.

If the government of that country considers that it has sufficient power to prevent
such aggressions, why did it not prevent that which we have just mentioned? If it
recognizes the fact that it is impotent to comply with its international duties, why
does it demand of Mexico what is beyond the power of either government?

The injustice with which President Hayes has proceeded marks an epoch of decay in
the United States. A noble spirit of justice has always characterized the American
people, and the fact that now, at the very time that Winkar's invasion is commented
on by the newspapers of both countries, something is demanded of Mexico which the
United States has not been able to do in this same case of Winkar, causes it to be
feared that the conscience of the great country of Washington and Lincoln which, with
so much eloquence was interpreted by Hamilton, Madison, Daniel Webster, and a hundred
others, is becoming relaxed and lost, to the misfortune and shame of the great republic
and American civilization.

We should, however, hope that the American people will not forget, on this occasion,
the principles to which they owe their greatness, and will bear in mind that their
first duty to themselves and to all others is to be just. The foregoing considerations
surely prove that, on this occasion, the American Government has on its side neither
reason nor right, and that its conduct is unworthy of the great people which it so illy
represents. Our manner of proceeding should be different; if that government is distinguished
by a forgetfulness of principles by which its actions should be shaped, ours
should be the mark of dignity, of justice, and of the nobility of our race.


22

We have two classes of obligations in this question, some to the dignity of our country,
others to the American people. We should comply with both with seriousness,
with pleasure, as is the duty of citizens of a republic. At this moment we cannot do
less than energetically condemn, for the honor of our country, the depredations committed
by parties organized in our territory.

The duties of neighborship oblige us to pursue to the death those evil-doers, and to
contribute with the American authorities to protect the people of the United States,
in person and property, who may be threatened by robbers from this side of the Bravo,
(Rio Grande.) We can never employ sufficient energy in the fulfillment of the duty in
order to demonstrate to those who have assisted the machinations of Winkar and his
accomplices, that we are conscious of our international obligations.

Neither can we forget that the dignity of our country demands that we should protest
against the unlawful order of President Hayes, preparing to employ all our power to
resist by force the aggression of force. The government elevating to the height of civilization
has placed itself in the position necessary to comply with both duties. It orders
General Treviño to pursue the evil-doers, and at the same time he is commanded, in
case of an invasion, to employ the arms of the republic against the invaders. In
another part of this paper our readers may inform themselves of the communications
to which we refer. They reveal the serene dignity with which our government is conducting
itself, and which we do not doubt will draw to it, not the support of a party,
but all Mexicans who hold in esteem their own names and the honor of their country.
A tortuous, arbitrary, low, and ruinous policy is maintained toward us by the animosity
and strength of the great and enlightened American people. If, as we do not expect,
that nation should forget its principles and not condemn what has been done by its
President, we will let them see that we bear them in mind, and, while we oppose force
to force, we comply nobly and tranquilly with our international obligations. The orders
of the minister of war amply fill these conditions, and we cannot do less than
render a tribute to the President of the republic and to the ministry, of our sincere
praise on account of the dignified attitude the government has assumed in the question
which we have discussed in this article.

[Inclosure 2 in No. 11.]
[From the Federalista—Lerdist.]

The order communicated to General Ord, and which we published yesterday, involves
a serious offense to the national dignity and to the sovereignty and independence of
Mexico. This is unquestionable. It is, besides, a step violent and unmeditated in
form, on the part of the government that authorizes that offense against a friendly
nation. According to the Constitution of the United States, the sanction of Congress
is required in order to declare war; and the most elementary principles of international
law are enough to convince one that an order which authorizes the armed invasion of
a foreign territory is equivalent to a declaration of war, no matter what the pretext
invoked.

The aspect which affairs have assumed cannot be considered in any other manner,
since the text of the instructions sent to General Ord by the War Department of his
country have been made known.

As was natural these events have deeply moved national feeling and awakened the
love of country, which had become somewhat weakened by our civil dissensions; its
manifestations have not been delayed on the part of the press, and they would have
been more flattering to sincere patriotism, had not some newspapers mixed in these
manifestations the name of President Sebastian Lerdo de Tejada, to which personage
machinations contrary to the independence of Mexico are attributed. In his name
and in that of all of his partisans, we protest against such unmerited charges. We
do not need the language of patriotism to vindicate the immaculate patriotism of
President Lerdo de Tejada, nor that of the worthy Mexicans who accompany him in a
foreign country, because his name alone is a guarantee of his sacrifices and of his
loyalty to our beloved country.

We think, and have well-founded hopes, that this conflict will terminate in a manner
worthy of and honorable to two civilized nations; but if fate should reserve new
trials for the national patriotism, our resolution will not be delayed. We would not
be Diaz men; we would be Mexicans; and it would be sufficient to see a Mexican raise
the national banner in front of the foreigner for us to rally around him in union with
all those who form the Lerdist party. In the presence of danger to the country we
would recognize no insignia but that of Mexico.


23

[Inclosure 3 in No. 11.]
[From the Pajaro Verde—Conservative or Catholic.]
THE NATIONAL PARTY.

The Mexican press, without distinction of party sympathies, presents to-day a spectacle
at once grand, imposing, worthy in every way of praise, consideration, and
respect. The question now refers to the integrity of the Mexican territory, respect to
its flag, which the Government of the American Union, possessed of a pride unworthy
of a free people, who profess the greatest respect for the treaties of amity and good
fellowship between the two sister nations, so cowardly pretends to degrade.

A unanimous sentiment of indignation and lofty pride is to-day reflected by the
whole of Mexican society on learning the text of the orders communicated by President
Hayes to General Ord, military commander of the line of the Rio Grande.

Can a friendly republic which calls that of Mexico sister, at any time within the
limits of international law, give in an official document permission for the violation of
treaties, for the trampling upon of international rights?

None but the American Government, the government of that country of insatiable
tradesmen whose motto is "time is money," could claim the right of force in order to
legitimatize the force of right. Said government believing itself the arbitrator of
the destinies of the world, because the particular qualities of the soil have caused it
to flourish in a region where it has never had a barrier, abusing its apparently exhaustless
resources like the autocrat of the Russians, launches its insult at an independent
and free nation because it considers it too weak to oppose its annexation intentions.

Is the government of the American people unaware that Mexico is the country that
gave birth to the man who said "I may break, but never bend?" Are the people of the
American Union ignorant of the fact that, in casting the gauntlet to the Republic of
Mexico, they cast it to Latin America, and that at the proper time this republic will
have on her side all the nations of the Old Continent of her tongue and race?

Mr. Hayes, the President by bribery, does not know that General Diaz had, at his
orders, in the month of last November, sixty thousand men with which to overthrow
President Lerdo de Tejada. How many could he collect to fight the foreigner as soon
as the American invasion is a fact? At that time it was a civil war; all were Mexicans;
public opinion was divided; but to-day things are different; the national honor,
the integrity of the territory, the pride of race are affected, and each Mexican will be
a soldier who will march to defend his home, his wife, his children. There is no sacrifice
that will not be made, and the whole nation will go forth to the combat firm, compact,
united as one man. Mexico has no navy; Mexico is divided; Mexico is poor and
worn out; she is not prepared for war, can be alleged by the American Government,
but we can reply, reverting to history, "That what Mexico never was prepared for is
peace."

It is true that Mexico has no navy, but friendly nations of her blood, race, and language
have. Mexico is poor; her treasury is exhausted, it is true, but it is also true
that the Mexican is frugal, enduring, and, in order to fight, only needs what he has in
great abundance—heart and fearlessness. Mexico cannot present great masses of men.
This we confess; but, on the other hand, she can present innumerable guerrillas that
will weaken and fatigue the invading army, however numerous it may be, causing it
infinite losses. Lastly, Mexico has at her head General Porfirio Diaz, and he, animated by
the purest sentiment of patriotism, can dispose at his will of the whole nation, in order
to wash away the stain that may be made by the American people. This we have
seen in his order to the general of the division of the Bravo, (Rio Grande,) "Repel by
force the insult it is sought to inflict on Mexico by invading her territory." In these
brief words the worthy general-president has condensed the aspirations of the Mexican
people, comprehending, as he does, the elevated mission confided to him.

It only remains for us to revert to the title of this article: Mexico, divided, torn,
attenuated by civil strife, offers herself to-day to General Diaz united, compact, strong,
patriotic, determined to sustain her rights, opposing the unworthy intentions of the
Government of the American Union. General Diaz has it in his power to raise, create,
unify the national party, essentially Mexican, employing the powerful elements of
which it is composed to give a severe lesson to the nation which in its satanic pride
desires to make itself lord and master of the whole of America. Let General Diaz
accept the patriotic sentiment of the Mexican people, who are noble in their pride and
worthy in their misfortune. Let him endeavor to strengthen relations with all the
nations of his race and tongue whose sympathies have been demonstrated for him on
more than one occasion, with the assurance that his grateful country will erect altars
to him in the hearts of its sons.

The present situation is one of national honor, and worthily have the Mexican people
responded. In the presence of the common enemy all are brothers; the same sentiment


24

impels all—the defense of the flag, the integrity of the country. The purest
sentiments animate to-day Mexican society, which is impatient to see what turn will
be taken by the difficult and delicate question provoked by the American Government;
but this does not prevent General Diaz from having left to him all the liberty of action
required in such a serious case, all feeling sure that the national honor confided to his
burning patriotism will emerge unscathed from the present conflict.

[Inclosure 4 in No. 11.]
[From the Monitor Republicano—Independent, Opposition.]
THE AMERICAN INVASION.

Public attention has been very much excited by the news of the projected American
invasion brought by the last packets.

After our civil wars, after our social decay, after all our political misfortunes, we
have before us, we have over our heads, the formidable threat of a nation that not
without reason has been called the American colossus.

The press of the United States is at this moment discussing the propriety or impropriety
of the policy President Hayes is pursuing with respect to a country weak, but
jealous of its independence. The Mexican press will unanimously repel the unjust aggression
which, with a political view, is falling over our country.

Every evil, every misfortune, appears to have been let loose against us; this is the
moment to resort to that holy passion called patriotism, to avoid the catastrophe.
Poor Mexico! It was not sufficient for you to see your fields laid waste and your sons
decimated by civil strife; it was necessary that a nation that called itself a friend,
should select the most painful crisis in order to discharge on you the weight of its
strength.

We are very fearful that the negotiations that are to be commenced with the American
generals, and the government of that country will not have a happy result. It
is the general opinion that President Hayes needs to withdraw the public attention
from the irregularities of his election, and to provoke a war that will permit him to
maintain an army sufficiently respectable to meet every emergency.

The newspapers that support our cause inform us that even the superstition of the
people has been worked on by making them believe that a locust having its wings in
the form of a "w" proclaims or foretells war. The giant has, then, allowed the idea
to flit across his brain of annihilating us under his powerful hand; and if he has not
already done it, it perhaps is because the nineteenth century is destroying the doctrines
of the right of conquest, and because they who attempt to destroy the nationality of
a people are condemned at the bar of civilization.

We have wasted our political and social vitality; we have been destroying and annihilating
ourselves, while our powerful neighbor has gone on prospering under the
development of its just and liberal institutions, and the hour of peril has come, finding
us more than ever exhausted of blood, and with only the vigor inspired in every Mexican
by the love of his country, his nationality.

This is not the time for rancor and political odium; we should rally under our flag,
and give each other a brotherly embrace. General Diaz has already answered the first
menace of the neighoring nation, and in truth the note of our minister of war is dignified,
energetic, and forms a strong contrast with the order in which General McCrary
orders the invasion of our territory if circumstances make it necessary. "You will repel
force by force in case the invasion takes place," is the order given to General Treviño,
as it is, indeed, the duty of the Mexicans; in complying with it, it may be that they
will not be triumphant, but they will have the satisfaction of sustaining the dignity
of the country.

General Diaz in his notable communication to the chief of the division of the frontier,
exhausts all the means of conciliation. He seeks an agreement as far as he can without
sacrificing honor. He endeavors to remove the pretext in whose name this war is
presented, and lastly, accepts the extreme situation, repelling by force of arms, if it
should become necessary, the unjustifiable aggression which, not the whole American
people, but a party predominant there, wishes to impose upon us. General Diaz has
then complied with his duty. We who have not hesitated to attack his conduct when
he has deviated from the law, take great pleasure in confessing that his first step in
this very delicate question is worthy, and it is at the same time prudent.

The world which has again to turn its attention to a drama which is preparing between
a powerful and a feeble nation—the world will see that the Mexican nation accepts
the challenge without insolence, without arrogance, resigned to what may come,
with a consciousness of its right and with faith in its good cause. If the north abusing
its strength; if forgetting the treaties in force; if unmindful of the rules to which civilized


25

nations are subjected by international law, should invade our territory, then Mexico
will have to comply with the duty of dignity by opposing force to force, not permitting
the violation of its rights before having fought—seeking more than victory, the
satisfaction of its own decorum.

The peril is here, but in order to avert it warlike preparations are not sufficient;
what is needed above all things is union among Mexicans. The last American invasion
surprised us in the midst of civil discord. We should now avoid that scandal,
which will not only debilitate us, but make our beautiful, our holy cause less sympathetic
to the world.

Exactly at this moment, discord among the Mexicans is more than ever a fact. The
Diaz party is completely divided, the Lerdist party does not abandon its intentions;
the conservatives raise the banner of political hate; but we more than hope, we are
certain the voice of patriotism will draw us together, forgetting everything in the
presence of the wounded national dignity.

The government of General Diaz has now upon it the most terrible responsibility. It
should more than ever be circumspect in internal affairs and external questions; it
should more than ever endeavor to secure the union of the Mexicans, and this union,
let us not forget, can only be secured by respect to the law.

[Inclosure 5 in No. 11]
[From the Colonia Española.—Spanish.]
THE QUESTION BETWEEN MEXICO AND THE UNITED STATES.

If we have been sparing in words we would not be in acts, if the occasion should
arrive. From sympathy and from conviction we would be on the side of Mexico.

The questions between Mexicans and Spaniards are family quarrels that can always
be amicably terminated. The questions of race are more serious.

We are Spaniards; after Spaniards we are Latins. And before Spaniards and Latins
we are the lovers of justice. Hence justice being on the side of Mexico we will be
on every account, and on her side will be the majority of our countrymen.

Nothing is yet known with respect to the attitude that will be taken by the United
States.

Be it what it may, the danger is not great, if the Mexicans lay aside their differences
and unite as one man. Mexico can present on the battle-field two million men.
They will not be tried soldiers, they will not have military instructions, but the
Yankees cannot oppose an army practiced in great maneuvers.

They may present an army of guerrillas, that can be defeated by another of the same
class, and the Mexicans have on their side familiarity with the ground, knowledge of the
resources of the country, and the holiness of their cause. From the next number we
will commence to publish a treatise on guerrilla tactics, which will be very useful to
the people. If the press will copy our articles in order to disseminate their instructions
the more speedily, they will do a service to their country. Even if hostilities should
not immediately break out with the United States, they will come later. It is the
destiny of Mexico and it is proper to be prepared.

[Inclosure 6 in No. 11.]
[From the Two Republics.—American.]
THE ORDER OF GENERAL ORD.

Understanding the friendly feelings of the American Government toward Mexico, we
have viewed the order recently given to the American commander on the Rio Grande
frontier in a very different light from the construction given to it by the press of this
capital. Our colleagues evidently do not understand the spirit, object, or meaning in
which it was given. Upon critical examination they will see that it is not positive or
definite, but is provisional, guarded with many precautions and conditions. General
Ord is instructed, first, to confer with the Mexican authorities as to the best manner to
proceed in suppressing the raids upon American citizens and their property; secondly,


26

to invite said authorities to co-operate in the effort to put an end to these depredations;
and, lastly, if the Mexican authorities fail to counsel and co-operate with him, and
when the raiders are in the act of carrying off the property of American citizens,
and being pursued by United States troops cross over into Mexico, the latter are ordered
to pursue the robbers; not to commit a military invasion, to menace or disturb
peaceful Mexican citizens, but to apprehend public robbers and recover stolen property.
The latter alternative may never be resorted to, and this is highly probable if the
Mexican authorities will, as we feel assured they will, counsel and co-operate with the
American commander.

The course of the American Government has been prompted by the highest duty
which it owes to its citizens after many years of forbearance, and has been directed
in a spirit of delicacy and good-will toward Mexico.

[Inclosure 7 in No. 11.]
[From the Siglo XIX.—Independent.]
DUTIES TO THE COUNTRY.

If the orders given to General Ord by the government at Washington with respect
to Mexico are highly serious, they have at least served to demonstrate that the sacred
fire of patriotism remains intact in the valiant hearts of the sons of the country.

It is not an immediate war that threatens us. We have not yet entered the period of
a real conflict; it is not right for us to cast off the hope that the difficulties that have
arisen between the two republics may reach a peaceable, proper, and even cordial solution.
The way of pacific and dignified negotiations is still open, and nevertheless manifestations
in favor of our nationality and our independence are reproduced on all
sides, and reveal noble and loyal sentiments.

Civil war has consumed us; society is continually in a bad condition; we live in
constant revolution; brother has forgotten brother; friend has forgotten friend; the
father the son; the son the father; the family is divided; the law is shipwrecked;
justice hides her face. But in the midst of this painful confusion a voice is heard that
says "The country is in danger," and immediately is perceived a general movement
that seeks one common center of salvation, and that marks the line towards which all
lines are uniformed.

Blessed virtue that of patriotism, which commences by suppressing fratricidal struggles,
and ends by erecting altars to the glory which results from the sacrfiice of the
individual for the good of a whole people! The man is nothing, the corporation is
nothing, the party is nothing, compared with the country. The country is everything.
In the presence of its interests, which consist in the preservation of its existence, in the
splendor of its honor, in the maintenance of its sovereignty, all, all other interests are
small. The love of country, that is, perfect abnegation, the exercise of a virtue which
by its nature is attractive to others, the instinct of individual and public liberty—the
purpose of defending it exists, and exists full of vigor, among the Mexican people.

It is scarcely announced that their nationality may be attacked, and they renew
their determination to sustain all and each one of the rights acquired at the cost of
their heroic blood.

The people then comprehend their duties, because it is a duty, and a very sacred one,
to rally without hesitation or condition of any kind to the call of the country whenever
danger is apprehended as near or remote. The people know well their obligations;
this is spoken by their words and their acts.

Under such circumstances the questions of interior policy are thrown aside, but not
so with the duties of the government that directs the destinies of the country. These
duties never cease to be correlative. The citizen should abandon every question that
he may have initiated with the ruler, and the ruler should observe a conduct foreign to
anything like parry spirit. To save the country is the common object, and this could
not be done if those who command and those who obey should not have the same convictions
and the same desires.

By the salvation of the country, we understand not only that which is obtained by
the use of arms, but also the good results of international negotiations. In these negotiations
there are generally secret points, and others that do not demand any secrecy
whatever, at least in those nations where liberty of the press exists as an established
fact.

To complete our idea, we must add that the present government of the republic
has had presented to it a new and brilliant opportunity to unite all political parties
under one banner—the national banner.

Let it unfurl it with faith, and it will have the glory of having secured the rights


27

of Mexico abroad and extinguished interior odium, opening the road to the solid progress
and the prosperity of Mexico.
* * * * * * *

This business has to advance by degrees, no matter what aspect it may take. The
Mexican Government has resolved that an envoy shall go to Washington, of whose
character we are ignorant, but it is probable that his will be an extraordinary mission.
In conformity with a general principle of the rights of men that government
should receive him, and perhaps thence will be brought about friendly explanations,
and the affair be satisfactorily arranged. We will suppose that the envoy should not
be received, that the order to General Ord should not be modified, and the case foreseen
in article 21 of the treaty of February 2, 1848, between Mexico and the United
States should unfortunately arise as there stated. Even then it is possible to appeal
to arbitration if the treaty is to be respected. The question came up once before, in
the same manner as at present. At that time it was suppressed, although not arranged.
To-day something similar may take place, although the fact that our government
is not recognized by that of the United States increases the difficulties.

Be this as it may, the press should aid the government by its action without going
beyond the phases that the negotiations successively present; supporting its determinations
when it considers them wise, and indicating with the moderation and delicacy
which the circumstances demand the errors which, in its opinion, are committed by
the public powers. Patriotism and good counsel, far from destroying each other,
fraternize perfectly.

Finally, the government, in dealing with this serious question, has at its disposal
powerful and favorable elements. Its responsibility is enormous, because if it despises
or loses them, it may lose with them the liberty, independence, and sovereignty of the
Mexican Republic. The nation hopes; may a happy issue crown that hope.

[Inclosure 8 in No. 11.]
[From the Monitor Constitutional.—Diaz administration.]
MEXICO AND THE UNITED STATES.

We think it is proper not to allow what is transpiring between the government of
the neighboring republic and our country to pass unnoticed, as also the ideas that have
been expressed by some distinguished persons abroad and a Lerdo legality paper of
this capital.

We do not think it necessary to take into serious consideration the determination of
the North American Government with regard to the invasion of our frontiers, because
the gravity of the measure makes it understood that the American Government would
have to meditate a great deal before carrying it out, the Government of Mexico not
having given any notice that would justify to the world and to history the aggression
of a strong and powerful nation against a feeble but civilized people.

Physical and moral strength are relative, the same among nations as among men;
and here arises our confidence, in view of the force of our right as an independent and
sovereign nation.

The government of the White House has dictated a measure that deeply affects our
sovereignty and international rights; this is beyond the need of investigation, but we
repeat, we do not think, we cannot think, that that measure will be carried out, without
previous and long consideration on the part of the Government at Washington,
and we believe, with reason, that the orders to General Ord will be withdrawn.
* * * * * * *

The supreme government of the nation has proceeded under the actual circumstances
with the temperance and moderation which were to be expected, and there is reason
to hope for a happy issue; but if on account of any emergency the desired termination
of the negotiations should not be reached, the tried patriotism of the depositary
of the supreme power of the republic will be the best guarantee that the honor of
Mexico will be saved.

In the mean while it is the duty of the Mexican press, while discussing this serious
question, to act with the prudence which it knows how, and the temperance which
the case requires.


28

No. 12.
Mr. Evarts to Mr. Foster.
No. 397.]

DEPARTMENT OF STATE,

SIR:

Referring to your separate dispatch of the 28th ultimo, advising
me that the President of Mexico would dispatch to the Rio Grande a
prudent general with a view to co-operate with General Ord in repressing
outlawry, I now transmit for your information a copy of a letter
of the 19th instant, from the Secretary of War and of the instructions
issued by the General of the United States Army upon the subject,
which accompanied it.

I am, &c.,
WM. M. EVARTS.

[Inclosure No. 12.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

SIR:

I have the honor to acknowledge the receipt of your letter of the 8th instant,
transmitting a copy of a letter from the minister of the United States at Mexico, stating
that the President cf the Mexican Government will dispatch to the Rio Grande
border a prudent general, with a view to co-operate with General Ord in repressing
outlawry, and beg to inclose for your information a copy of instructions issued by the
General of the Army on the subject.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

[Telegram.]

HEADQUARTERS ARMY OF THE UNITED STATES,

General P. H. SHERIDAN,
Commanding Military Division of the Missouri, Chicago, Ill.:

The Secretary of War has received, through the State Department, a letter from Mr.
Foster, our minister at the city of Mexico, dated May 28, 1877, in which he says the
President of the Mexican republic is at last awakened to the importance of repressing
outlawry on the Texas frontier; that he will send a prudent general to that frontier,
with an adequate force and instructions to co-operate cordially to that end with General
Ord. The whole correspondence will come to you by mail; but meantime the
Secretary of War wants you to instruct General Ord to meet this offer of reciprocity
cordially, to meet or correspond with the Mexican general thus sent to the frontier, and
not to be hasty in pursuit across the border, except in an aggravated case.

W. T. SHERMAN,
General.

No. 13.
Mr. Foster to Mr. Evarts.
No. 560.]

LEGATION OF THE UNITED STATES,

SIR:

In my No. 552 I transmitted a copy of the order of the Mexican
minister of war, in which the Government of the United States is arraigned
for violating its treaties with Mexico, the rules of international


29

law, and even the practice of civilized nations, and for seeking to insult
Mexico. This order being at once published in this city, has excited
a deep feeling of hostility toward the United States, and especially
toward the President and his Cabinet, as will be seen by the articles
from the Mexican newspapers inclosed in my No. 554.

The universal impression created with the Mexican public has been,
that the order to General Ord in reference to the Rio Grande frontier
was utterly without cause or provocation; that it was inspired by the
President of the United States and his Cabinet, partly for political considerations,
in order to maintain party ascendency at home, and partly
inspired by filibusters and speculators, combined with the machinations
of ex-President Lerdo; and that the object of the order to General Ord
was to drive Mexico into a war, whereby the United States, taking
advantage of the weakness and internal dissensions of this nation,
could annex to its territory the northern Mexican States, and possibly
establish a protectorate over the whole country. As already stated,
I have protested to the minister of foreign affairs against the letter
and spirit of the order of the minister of war, and deplored the unjust
and unfounded prejudice and hostility which had been created in Mexico
against the Government of the United States.

In view of my protest, I was astounded to read on the 22d instant in
the Diario Oficial, the official journal published by the government under
the direction of the ministry, the editorial statement, that "private advices
received from New York and Washington inform us that a citizen
of the United States and the ex-President of Mexico had commenced
active labors in the neighboring republic to prevent a renewal of diplomatic
relations between that government and our own; that they (the
two persons referred to) * * * have succeeded in interesting in
their undertaking a group of adventurers and speculators; and that
these combined labors have resulted in the American War Department
* * * making a hostile manifestation toward the Mexican republic,
in the order communicated to the commander-in-chief of the Army."
Then follow references to ex-President Lerdo's conduct, to which the
Diario says it will devote further attention and correct any errors of its
correspondents. I inclose a complete translation of the Diario article,
which was at once reproduced in all the newspapers of the capital.

On the following day I called at the foreign office and expressed to
Mr. Vallarta my surprise and deep regret to see in the official journal a
statement that the Government of the United States had been induced
by the persons named, through sinister motives, and by a group of adventurers
and speculators, to issue the order to General Ord. I said that
I had in a previous interview verbally protested against the unwarranted
charges of the minister of war; and now, in view of the gross insult offered
to the President of the United States and his Cabinet, by the official journal
of the government, and in view of the misinterpretation of the order to
General Ord, and of the misrepresentation of the position of the United
States on the frontier question by both the Mexican Government and press,
I felt it my duty to make a concise and exact statement of the true position
of my government, and to ask that it be published without unnecessary
delay in the official journal, whose columns had just been used to
insult and misrepresent that government. I accordingly handed to Mr.
Vallarta a memorandum for publication, of which I insert a copy below.

Mr. Vallarta replied that he had not read the article in the Diario
Oficial to which I referred, but he was not aware that any such information
as that stated had been received by the government. He said that
he would examine the article and my memorandum, and if the government


30

found no serious inconvenience in the publication of the latter my
request would be complied with.

My memorandum left with the minister is as follows:

Memorandum of points noticed by the minister of the United States in a conference at the
Mexican foreign office.
  • I.

    The instruction given to General Ord is not the announcement of a new measure on the
    part of the Government of the United States.

    Mr. Nelson, on the 4th of January, 1871, applied to the Executive for permission for
    the United States troops to cross the frontier, and April 12, 1871, he renewed the application,
    suggesting that the Mexican congress be solicited to grant said permission, both
    of which applications were declined.

    The Secretary of State of the United States, Mr. Fish, on the 30th of April, 1875, submitted
    to Mr. Mariscal, for the consideration of his government, a reciprocal proposition
    to allow the troops of either government to cross the frontier of one or the other
    nation in close pursuit of raiders and outlaws, and capture them, stating to Mr. Mariscal
    at the same time that the public mind, not only in Texas, but throughout the United
    States, was such that the outrages committed from Mexican territory in Texas could
    no longer be tolerated. This was not accepted by the Mexican Government.

    On the 26th of June, 1875, the undersigned renewed the request made by Mr. Nelson,
    and the minister of foreign affairs (Mr. Lafragua) replied that the executive had no
    authority to grant it, and that it would not be prudent to ask the consent of congress.
    On the 6th of July, 1875, the raids from Mexico continuing, the undersigned informed
    the minister of foreign affairs that unless the depredations ceased such a measure as
    that announced in the instruction to General Ord might be anticipated; adding, in the
    same connection, referring to the raids from Mexico, that protection to the citizens of
    Texas must be afforded; if not given by the Mexican Government, it would come
    from the United States. (U. S. Diplomatic Correspondence of 1875.)

    On the 23d of April of the present year, in an interview had with Minister Vallarta,
    in reporting to him the murder of seventeen American citizens in Texas in the previous
    few months by Indians from Mexico, the undersigned informed him that the recommendation
    of Colonel Shafter, that the only way to put a stop to the raids was to follow
    up the delinquents into Mexico and attack them in their lairs, would have to be taken
    into serious consideration by the Government of the United States, if the Mexican
    authorities are unable or unwilling to check the depredations.

  • II.

    The depredations of the past four years have not been common to both sides of the frontier.

    Under date of the 20th of May, 1875, the Secretary of State, Mr. Fish, stated that it
    was frivolous to seek to justify the hostile incursions into American territory on the
    ground of retaliation for similar excursions from the American side. He adds: "There
    have been none such, and proof of the contrary is challenged." On the 26th of June,
    1875, the undersigned, by instruction from his government, gave to the Mexican minister
    of foreign affairs the above declaration contained in Mr. Fish's dispatch, and challenged
    him to furnish proof to the contrary. The minister promised to examine the
    data in his department and ask information of the governors of Tamaulipas and Coahuila,
    and to furnish the legation with the result of his investigation. Not a single
    fact or instance has as yet been furnished.

    The investigations of the Mexican Border Commission relate to events which occurred
    previous to 1873.

  • III.

    Mexico has taken no adequate or vigorous measure to prevent the depredations or
    punish the outlaws.

    The undersigned has repeatedly called the attention of the Mexican Government to
    the long list of depredations and outrages which have been inflicted upon the people
    of Texas by raiding bands from Mexico, as the records of the Mexican foreign office
    show, and he has urged that an adequate federal force, under an able and prudent
    general of high rank, be sent to the frontier, to co-operate with the American troops
    in the suppression of the raids. These matters he frequently pressed upon the past
    administration; and immediately upon the accession of Mr. Vallarta to the department
    of foreign affairs, in December last, his attention was called to the condition of
    affairs on the frontier, urging early measures for its peace and order, assuring him that
    it was essential to the maintenance of cordial relations between the two countries, and
    renewing the suggestion that a federal force, under an experienced officer of high
    rank, be at once dispatched to the Rio Grande. Although this subject has been frequently
    brought to the attention of the minister in the past six months, up to the date
    of the receipt of the recent order of the Secretary of War of the United States, absolutely
    nothing has been done to repress the raids or co-operate with the American
    troops, so far as this legation had received information.


    31

    Notwithstanding the long list of these outrages, which the undersigned has brought
    to the attention of the Mexican Government in the past four years, which include murders,
    arson, plundering of government post-offices and custom-houses, robberies, and
    other outlawry, not a single punishment has resulted on the part of the Mexican authorities.

  • IV.

    Mexico has frequently acknowledged its inability to discharge its duty in regard to the
    preservation of peace on the Rio Grande frontier, giving as a reason its internal dissensions.

    For eighteen months preceding the fall of the past administration, in reply to the
    remonstrances of the undersigned, the minister of foreign affairs pleaded, as an apology
    for the inefficiency and neglect of his government in repressing raids into the United
    States, that the whole force of the army was required elsewhere to resist the revolution
    of General Diaz. (See United States diplomatic correspondence, 1875.

    The reason given at various times to the undersigned by the present government,
    for its postponement of attention to the subject and the disposition of a federal force
    and prominent officer to preserve the peace on the Rio Grande and co-operate with the
    American troops in preventing raids, has been the disturbed state of the affairs of this
    republic consequent on the revolution and the necessity of first establishing its internal
    government.

    If one of the rival claimants to the presidency succeeds in establishing a foothold on
    Mexican territory, and in organizing a counter-revolution, will not necessity again
    compel the government to devote all its energy and power to the suppression of the
    new revolution, and abandon the Mexican side of the Rio Grande to the raiders and
    outlaws?

  • V.

    The instructions to General Ord are misinterpreted by the Mexican Government.

    They are not an unconditional order to cross the frontier into Mexican territory.
    General Ord is first instructed to do what the undersigned has been engaged in doing
    without effect for three years past, to call upon the Mexican authorities to co-operate
    for the suppression of the raids of armed and organized bodies of thieves and robbers.
    He is to give the authorities notice that the depredations upon the citizens of Texas
    can no longer be endured, and that if the Government of Mexico shall continue to neglect
    its duty in suppressing this lawlessness, that duty will devolve upon the Government
    of the United States. It is only after invitation to co-operate, and after Mexico
    has declined and continues to neglect its duty, that General Ord is granted discretion
    to follow the outlaws across the border, when in hot pursuit.

  • VI.

    In view of the foregoing facts, the declaration of the Mexican minister of war is unwarranted,
    wherein it is officially asserted that the instructions to General Ord are in contradiction
    with treaties between Mexico and the United States, with the rules of international law,
    and even with the practice of civilized nations.

    Such charges in an official document of the government are sufficiently serious to
    excite apprehensions for the maintenance of cordial relations; but the undersigned
    has been profoundly surprised, and has deeply regretted, that it should have been
    thought necessary or proper to assert, in an important public order issued by direction
    of the Chief Executive, that in giving the instructions to General Ord the Government
    of the United States was seeking to insult Mexico. It might have been supposed that
    in the haste with which the order of the minister of war may have been written, there
    was no premeditated intent to so grossly question the motives which influenced the
    Government of the United States; but the intent of the Executive would seem to be
    deliberate, when, three days after the publication of the order, the Mexican Government
    has inserted in its official journal the statement that the order of the President of
    the United States, through the Secretary of War, was brought about by the efforts of a
    private citizen of the United States and Mr. Lerdo, through sinister motives and by a
    group of adventurers and speculators.

JOHN W. FOSTER.

(Copy left at the Mexican foreign office June 23, 1877.)

In leaving the memorandum with the minister, I said to him that in
view of the order of the minister of war, of the publication in the Diario
Oficial of the 21st instant, and of the manner in which the subject had
been discussed in the Mexican press, I would feel compelled to leave a
copy of the memorandum with my colleagues of the diplomatic corps, to
enable them to furnish their respective governments with a correct statement
of the position occupied by the Government of the United States;
which I have done.

On the twenty-sixth instant Mr. Vallarta called on me at the legation,
handed me a copy of the Diario Oficial of the 25th, containing the explanation


32

of the offensive article of the 21st, a translation of which explanation
I inclose; and he informed me that my request for the publication
in the Diario Oficial of my memorandum had been considered in
a cabinet meeting; that the explanation in the Diario Oficial of the 25th
had been ordered, which, it was supposed, would be satisfactory to me;
that the cabinet deprecated a discussion of the question in the press,
but if I still insisted upon the publication of my memorandum, it would be
made, but the minister said it would have to be accompanied by a reply
from him.

I answered Mr. Vallarta that the explanation of the Diario Oficial
of the 25th was only partially satisfactory, as it was disingenuous in
seeking to base its first article upon the statements of American newspapers
as well as the private information of the government, when in
fact the first article only alluded to the latter; that the question of doubt
as suggested in the first article was not so much as to the alleged evil
influence which had controlled the Government of the United States,
but rather as to Mr. Lerdo's complicity therein; that the first article
had accomplished the desired effect in being at once reproduced in all
the Mexican newspapers with bitter comments against my government,
while the explanation would appear in very few of them, (as has really
been the case;) that I could not well discriminate between the editor of the
Diario and the government, as it was the official journal, used by the
ministers as the medium of expressing their views editorially, and the
editor was an officer of the government, acting under the direction of
the executive; that the controversy could not be intensified by the publication
of my memorandum, as the press could not possibly assail the
United States more bitterly than it had already done; that a correct
statement of the position of my government would be beneficial to both
countries, and that I did not intend to make rejoinder to any reply he
might see proper to make to the memorandum.

Mr. Vallarta, on leaving, said that my memorandum would appear the
next day in the Diario Oficial, with his reply.

The day following Mr. Vallarta's visit, Mr. Romero, minister of the
treasury, (former minister to Washington,) called upon me (yesterday)
and said that the President was very much embarrassed by my request,
and that he disliked to have any official discussion in the press; that
the cabinet had again considered the subject and had instructed him to
suggest to me that, in order to avoid an official character, the substance
of my memorandum be published in the Diario Oficial as the position
to be held by the Government of the United States, omitting to state
the source whence it came, and without any reply being made in the
Diario.

I answered Mr. Romero, that I was very willing to yield to the indication
of the President; and Mr. Romero stated that he would re-edit
the memorandum, and would endeavor to have it appear in the Diario
of that afternoon.

The publication, however, was not made; and Mr. Romero called
again to-day to explain the failure, saying that the cabinet, in reconsidering
the subject, were disinclined to make the publication in the form
indicated by him yesterday. He said the President had requested him
to call on me and express his desire that I would withdraw my request,
as the publication in the Diario might seriously embarrass his government.

I at once replied that, coming in the friendly manner that it did,
I could do nothing less than yield to the President's desire, which I


33

cheerfully did; although I was convinced its publication would be beneficial
to both countries in dispelling prejudices and creating a better
state of feeling.

I am, &c.,
JOHN W. FOSTER.

[Inclosure 1 in No. 13.]
[From the Diario Oficial, June 21, 1877—official government journal.]
REPORTS.

Private advices received from New York and Washington inform us that active labors
have been commenced in the neighboring republic by Mr. Plumb, a representative of
railway companies, and Mr. Lerdo de Tejada, to prevent the renewal of diplomatic relations
between that government and our own; that, by promises of grants of lands to
railway-constructing companies, they have succeeded in interesting in their undertaking
a group of adventurers and speculators; and that these combined labors have resulted
in the American War Department—taking advantage of the difficulties which both
governments have always encountered in suppressing cattle-stealing on the banks of
the Bravo, (Rio Grande,) on account of the extent and unpopulated condition of the
country—making a hostile manifestation toward the Mexican Republic, in the order
communicated to the Commander-in-Chief of the Army. As a proof of said manipulations
on the part of Mr. Lerdo de Tejada, the circumstance is added that this gentleman
has kept silent in regard to the patriotic protest of Mr. Iglesias and the other
Mexicans who signed it with him, and that he will probably continue in silence.

In case these reports shall prove true, we would not be able to find words with which
to characterize such a proceeding. Our laws classified as treason to the country the
act of bringing to our territory a European army, and supporting its military operations
and political intentions, and we do not think any other name should be given to
the act of promoting an armed conflict with the neighboring nation, giving a pretext
for the invasion of the republic.

Perhaps Mr. Lerdo has gone, without intending it, farther than he proposed, not having
been able to foresee that his labors in a certain direction would give the result
which we now see; but, at all events, he would be liable to the serious responsibility
of having provoked his country to a conflict which may bring upon it very grave consequences.

A waiting what may be brought us by future mails and what coming events may indicate,
we abstain from publishing the reports which we have received, and of which we
only give an idea in order that the public may judge.

Later we will be in a position to point out with exactness the true origin of the difficulties
that have arisen on the northern border, without exposing ourselves to be unjust,
attributing to persons acts for which they are perhaps not responsible.

[Inclosure 2 in No. 13.]
[From the Diario Oficial of June 25, 1877—official government journal.]
OUR THURSDAY'S ARTICLE.

On giving our readers an account of the private information we received from New
York and Washington, and of what has been said by the American newspapers on the
same subject, we were careful to state that we did not hastily give credit to those
rumors.

We commenced a sentence by saying: "If these reports should prove true," &c.
This indicates that we did not accept as facts the news that had been communicated
to us.

Farther on we said: "Later, we will be in a position to point out with exactness
the true origin of the difficulties that have arisen on the northern border," &c. It
could not be more clearly stated that we did not accept as the origin of those difficulties
what had been stated as such by the private information in question and various
newspapers in the United States; but in as much as a newspaper of this capital has presented
as ours; the ideas which we did not accept, we are under the necessity of insisting
on this point.

We by no means think that Messrs. Lerdo and Plumb have had a decisive influence

H. Ex. Doc. 13—3


34

in the determinations of the Government of the United States, no matter what efforts
they may have made. The traditional policy of that government does not authorize
such a supposition, which has been very far from our intention. It has not been long
since we published an official declaration of the President of the United States, in
which he explicitly condemned filibustering expeditions, and referred to the penal
laws of the American Union against those offenses, and then we expressed our conviction
that those who are plotting against our peace would not find any official aid in
the neighboring republic. This is our opinion, and for this reason we entertain no
apprehensions on account of the efforts of whatever character which may be commenced
in the United States to organize expeditions against Mexico.

The newspaper to which we referred before, said that our article of last Thursday
had been inspired by the minister of foreign affairs. We only comply with a duty in
manifesting that such a supposition is wholly without foundation. We clearly referred
in said article to our person, and there is nothing in it which has an official origin.
If this had not been the case, we would not have spoken of our own opinions, and
would have given them as those of the executive.

No. 14.
Mr. Foster to Mr. Evarts.
No. 570.]

LEGATION OF THE UNITED STATES,

SIR:

Referring to your dispatch, No. 397, of the 22d ultimo, in which
you inclose to me a copy of a letter from the Secretary of War with the
instructions issued by the General of the United States Army to General
Ord to cooperate with the Mexican general on the Rio Grande frontier,
I have to report that I to-day left a copy of said inclosure with the
Mexican minister of foreign affairs.

I am, &c.,
JOHN W. FOSTER.

NOTE.—The answer which the minister has made is contained in the
memorandum transmitted with my No. 572, of this date.

No. 15.
Mr. Foster to Mr. Evarts.
[Telegram.]

UNITED STATES LEGATION,

Diaz disavows completely the Mexican violation of American territory,
and promises prompt investigation, reparation, and punishment;
but also expects modification of instructions to Ord. Details by mail.

JOHN W. FOSTER.
Forwarded by telegraph from New Orleans by Postmaster Parker,
July 17, 1877.


35

No. 16.
Mr. Foster to Mr. Evarts.
No. 572.]

LEGATION OF THE UNITED STATES,

SIR:

In conformity with the instructions contained in your dispatch
No. 395, of the 21st ultimo, I called on the Mexican foreign office, and
informed Mr. Vallarta, the minister of foreign affairs of General Diaz's
government, of the violation of the territory of the united States, as
related in the inclosures of the Secretary of War, and made a formal demand
on him for a disavowal of the act, with reparation for its consequences
and the punishment of its perpetrators.

Mr. Vallarta answered that so far as was informed his government
had received no intelligence of the event, but that he would bring the
matter immediately to the attention of the President, and would advise
me at as early a time as possible of the President's decision of the subject.

In view of the minister's statement that he had received no information
as to the affair, I furnished him with a copy of your dispatch and its
inclosures from the Secretary of War, containing the reports of our military
officers as to the occurrence.

This forenoon Mr. Vallarta sent me a personal note, asking me, if convenient,
to call at the foreign office at 12½ o'clock to-day, in order that he
might communicate to me the decision of the government. At that
hour I presented myself at the foreign office, and Mr. Vallarta handed
me a written memorandum, which he asked that I might consider as
the verbal answer made to my demand on the 7th instant, and which he
had reduced to writing; stating at the same time that his government
completely disavowed the violation of American territory; that it had
directed a prompt investigation, in order that full reparation might be
made and proper punishment inflicted upon the perpetrators, of which
investigation he would advise me as soon as it was received by his government.

In receiving the memorandum, I replied that I would at once transmit
a copy thereof to my government for its information. The copy is
herewith inclosed.

In examining the memorandum, I find that it also refers to the instructions
telegraphed to General Ord, of which you inclosed me a copy
in your No. 397, which I communicated to Mr. Vallarta on the 7th instant.
It will be seen that while he expresses the gratification of General
Diaz at what is termed a modification of the order of June 1, he
thinks that that restriction is not sufficient to preserve unharmed the
autonomy of Mexico, and that he hopes the order may be finally so modified
as to no longer wound the dignity of Mexico. As the latter subject
was not verbally referred to by Mr. Vallarta in our interview, I have
not thought it necessary to make any written or other reply thereto,
especially as in previous interviews I had fully discussed the order of
June 1, and had no disposition to anticipate your views upon the farther
modification suggested in Mr. Vallarta's memorandum.

I have respectfully to request specific information and instructions in
reference to the reparation which it is expected Mexico will make for
the consequences of this violation of territory.

I am, sir, &c.,
JOHN W. FOSTER.


36

[Inclosure in No. 16.—Translation.]
Memorandum of the conference held at this ministry between the secretary of relations and his
excellency the minister of the United States.

The minister of relations stated to Mr. Foster that he had made known to the President
of the republic the complaints which, in the name of his government, Mr. Foster
had thought proper to make to him orally in the conference held in the evening of day
before yesterday at this ministry, and read to him literally the copy of the dispatch,
which the Department of State addressed to Mr. Foster under date of the 21st of
June last: in which dispatch, referring to the inclosures it contained, it is said that
a party of Mexican troops crossed the boundary of the two republics, and within territory
of the United States put to rout another Mexican force which it was pursuing,
thereby violating the territory and infringing the law of nations; wherefore Mr. Foster
is instructed to make a formal representation to the Government of Mexico, the
Government of the United States confidently expecting that that act will be promptly
disapproved, by reparation for its consequences and by the punishment of the persons
engaged in it.

The President has ordered the secretary who is speaking to say to Mr. Foster that
he has not yet received official information from Mexican authorities in regard to the
particulars of the event which is the subject of this note, but that he has already
directed, through the office of the secretary of war, that the proper parties be urgently
requested to make at once due judicial investigation, in order that the parties who
prove to be guilty may be punished. If unhappily any superior or inferior officer of
Mexico has ordered an invasion of the territory of the United States, or it should
appear that in any other way such invasion has been made in violation of the law of
nations, the President assures him, through the undersigned, that he will order the
reparation to be made for this act which is in justice due.

The Department of State does justice to the Government of Mexico in not believing
that that invasion had been effected by orders emanating from this capital. So far
has the Mexican Government been from ordering it, that, on the contrary, it has positively
instructed General Treviño, in an official letter of the 18th of June last, which
intrusted to him the military command of the line of the Bravo, that, "in obedience
to article 72, section 16, of the federal constitution, he should not consent to the troops
of the United States entering into our territory, and that, in respect to the sovereignty
of that republic, he should prevent the Mexicans from treading on foreign territory."
The government, which knows that international law prohibits the entrance of foreign
troops into foreign territory without the consent of its sovereign, and which has been
proclaiming and defending the principle, cannot disregard it when in its turn the Department
of State invokes it.

Until the minister of relations can inform Mr. Foster of the new measures which the
President may adopt in virtue of the official advices which he is awaiting and of the
result of those which he has already adopted, the same minister has instructions to
state to him that the Mexican Government accepts, acknowledges, and will cause to
be fulfilled on its part the principles which the Hon. Mr. Evarts invokes in the
dispatch referred to, and that it will adjust its conduct to them, by looking on the passage
of forces into foreign territory as an unjustifiable invasion, that is condemned by
international law. This conformity of opinions between the two governments will
prevent any cause of complaint between them arising out of the disagreeable occurrence
which is under discussion.

The minister of relations continued to say that he had also acquainted the President
of the republic with the contents of the copy of the dispatch of the War Department
of the United States of the 19th of June last, which Mr. Foster was pleased to deliver
to him at the same conference of day before yesterday; which dispatch relates to the
new instructions that the General-in-Chief of the Army of that republic communicates
to General Sheridan on account of the reports which Mr. Foster sent to the Department
of State on the 28th of May previous, in regard to the measures which the Government
of Mexico might take by sending a general of the army to the frontier, in
order that, acting in conjunction with the American officer, he might co-operate in the
re-establishment of security in the frontier districts.

The minister said that the President had seen with satisfaction that the Government
of the United States had modified the original order sent to General Ord on the 1st of
June last, by withdrawing from him the discretionary authority to invade the territory
of Mexico in pursuit of the malefactors, seeing that in his new instructions he is
ordered "to not hastily cross the frontier-line, but only under a grave emergency."
The President considers this restriction of that order as an acknowledgment of the
rights of the republic, and, judging under this aspect, he duly estimates it. But he
believes at the same time that that modification, however important it may be, does
not suffice to leave unharmed the autonomy of Mexico. The invasion by foreign
troops of the territory of a friendly nation, made without the consent, and even


37

against the will, of its government, is always a violation of international law and an
offense to the sovereign of the invaded territory. In the instructions newly communicated
to General Ord, notwithstanding their limitations, is continued in force the
order to invade Mexico "in a grave emergency," and the government of the republic
thinks that that exception is not authorized by the law of nations.

The same minister continued to say that the President confides so far in the equity
of the Government of the United States as to hope that the orders to invade the republic
will be withdrawn completely. The principles which the Department of State
maintains on the subject of the invasion of foreign territories, and in which the Mexican
Government entirely concurs, the measures already adopted for the satisfactory
settlement of the difficulties on the frontier, and the spirit of conciliation which pervades
the late instructions of the General-in-Chief of the Army of the United States
in regard to this matter, are alike reasons for the government of the republic to hope
that the order referred to will be finally so modified as not to wound the dignity of
Mexico.

Mexico, July 9, 1877.
J. L. VALLARTA.

No. 17.
Mr. Foster to Mr. Evarts.
No. 580.]

LEGATION OF THE UNITED STATES,

SIR:

In my No. 560, of the 28th ultimo, I gave an account of the excitement
occasioned in this city by the publication of the instructions
of June 1, to General Ord; of the misrepresentations of the spirit and
intentions of the Government of the United States; of a memorandum
which I had left at the foreign office, with the request that it be published;
and of the circumstances under which I was induced to withdraw
my request for its publication.

On the 20th instant, in a call which the minister of foreign affairs
made at the legation, he handed me a memorandum which constituted a
reply to my memorandum of the 23d ultimo, and which he asked might
be considered as the substances of his replies to me in our conference
last month on the subjects referred to therein. I inclose a translation
of the minister's memorandum.

As the main purpose of my memorandum had been to correct, by
prompt publication, the unjust arraignment of the President of the
United States and his cabinet, made in the official organ of the Mexican
Government, which purpose was not accomplished, and in view of the
fact that the subjects discussed therein were likely soon to become a
matter of treaty negotiation, I regarded further discussion as undesirable
and inopportune. I have, accordingly, addressed Mr. Vallarta an unofficial
note in that sense, of which I inclose herewith a copy.

I am, &c.,
JOHN W. FOSTER.

[Inclosure 1 in No. 17.—Translation.]
Memorandum of the replies given the minister of foreign affairs to the points made by his
excellency the minister plenipotentiary of the United States in the conferences had between
them in this department.

  • I.

    It is true that the Government of the United States has proposed on several occasions
    that the troops of both republics should reciprocally pass the frontiers in pursuit
    of savage Indians or marauders; but it is also true that that of Mexico has replied on
    all occasions that it is not within its power to grant such permission to foreign troops,


    38

    and when it has been sought to obtain it of the Congress of the Union it has been seen
    that such a measure would not be approved. This was stated by the chief clerk of the
    department to the secretary of the American legation in the conference which they
    held the 14th of April, 1871, and this was also stated by the minister of foreign affairs
    to Mr. Nelson in his note of the 20th of the same month.

    In the conference held in Washington, between the minister plenipotentiary of Mexico
    and the Hon. Secretary of State, on the 30th of April, 1875, the convenience of that
    measure was again insisted upon on the part of the Government of the United States.
    The Mexican minister doubted the propriety of the measure, fearing the abuses that
    would be committed, notwithstanding the good faith of the two governments, and also
    manifesting that he was ignorant as to whether Congress would consent to the entrance
    of foreign troops into the national territory. In the discussion which took place
    on this point no agreement whatever was arrived at, and the Hon. Secretary of State
    terminated the conference by saying that his object had been to call the attention of
    the government of the republic to the importance of the frontier affairs, to the end that
    the most adequate remedies might be applied to the evils suffered, and concluded by
    expressing his desire that the Mexican Government should propose those which it might
    consider efficacious.

    If, as stated by Mr. Foster, referring to his dispatch of the 7th of July, 1875, (Diplomatic
    Correspondence of the United States, paragraph 2, page 949,) he informed Mr.
    Lafragua that "unless those depredations ceased such a measure as that announced in
    the instructions to General Ord might be anticipated," to which intimation, as Mr.
    Foster informed his government in that dispatch, the minister of foreign affairs did
    not give a direct answer, this cannot signify, and does not signify, that the Mexican
    Government has tolerated at any time or does tolerate the violation of the national
    territory by the entrance into it against its will, or without its consent, of foreign
    troops. This is not the first time that the government has ordered that force to be repelled
    by force in the extreme case of an invasion. When an American officer in November,
    1875, threatened to enter Mexican territory in pursuit of some criminals, and
    subsequently carried out his threat, General Fuero, in accordance with instructions
    from his government, forthwith wrote on the 20th of that month to General Potter,
    commander of Brownsville, stating to him that that invasion was contrary to the
    treaties between Mexico and the United States, and was condemned by the law of nations,
    and notified him that if he did not order the American troops to retire from the
    national territory, besides protesting against that aggression, he would be under the
    necessity of repelling force by force. General Potter replied that although he had repeated
    his orders on the 19th, instructing the American officers particularly not to
    make an aggressive movement against Mexico, those orders had not been obeyed; but
    immediately on learning what had happened, he had again repeated them, and the
    American troops retired. He concluded by saying to General Fuero: "Hence you see,
    general, that the invasion of Mexican territory and the violation of the laws to which
    you allude, were committed contrary to the orders that the officers of the troops of
    the United States had received."

    The undersigned has manifested to Mr. Foster in different conferences had since the
    month of January of the present year, that the government has been and is disposed,
    because such is its duty, to give protection to the Mexican frontier, pursuing Indians
    and marauders, and avoiding motives of complaint by or conflicts with the neighboring
    republic; but that the tranquillity of these frontier regions cannot be the result of
    an isolated measure, but the effect of a combination of measures that strike at the
    root of the elements of evil that exist there; that the passage of troops, although
    reciprocal and agreed to by both governments, (and if this should not be the case, such
    passage would constitute an outrage which would aggravate the situation,) could not
    of itself be the remedy for such old evils, but on the contrary, taking into consideration
    the condition of the frontier, as has been thought by former administrations,
    might even cause greater and more serious complications; that the present government,
    at a proper and convenient time, would propose the measures which, in its judgment,
    would serve to re-establish security and order in that region, hearing those the
    Government of the United States might suggest, and devoting to this important question
    all the attention which it demands.

  • II.

    If the United States complain with reason of the depredations which have been
    committed on the frontier, Mexico has the same or greater right to make the same
    complaints, because the evils which cause them are common to both countries. This
    is a truth which the Hon. Secretary of State has explicitly acknowledged. In the
    conference which he had with the plenipotentiary of Mexico, on the 30th of April,
    1875, he manifested to this official "that the troubles of the frontier are exaggerated
    in Texas, either in the interest of those who wish to present claims or those who desire
    that more forces may be stationed on the banks of the river for the purpose of making
    contracts for the supplies for the troops," &c., &c., and adding, "it is undeniable that
    such disorders exist, which may be committed by robbers who may not be citizens of
    either country." All this was stated by this department to the American legation in


    39

    a note of the 30th of December, 1875, attempting to prove thereby that the charges
    made against Mexico are unjustifiable, when it is sought to show that the robbers who
    are the authors of all the depredations are on this side of the Bravo, and on the other
    side are only their victims.

    In replying to that note on the 9th of February, 1876, Mr. Foster manifested that,
    not having a complete report of Mr. Fish's conversation with Mr. Mariscal, he was
    unable to estimate its application to the question, and referring to his different notes
    of the year 1875, in order to sustain his charges against Mexico, concluded, nevertheless,
    by acknowledging the possibility that all the robbers are not Mexicans, but insisted
    that they proceed from Mexican territory, where they find refuge after committing
    their crimes.

    The northern frontier investigating commission not only proved that many of the
    charges made against the Mexicans by the inhabitants of Texas were wholly unfounded,
    but detailed the robberies, acts of violence, and crimes which had been committed
    on the Mexican side by Americans, who also enjoyed the most complete impunity;
    but inasmuch as Mr. Foster only wishes to speak of acts subsequent to the
    report of that commission, the undersigned, in order not to occupy himself with the
    enumeration of isolated events, will confine himself to calling attention to one single
    fact which, on account of its importance and transcendency, not only justifies the
    complaints of Mexico, but which is, at the same time, one of the principal causes of
    the depredations and robberies charged to the republic.

    Some of the authorities of Coahuila stated to the government in May, 1876, that
    the crime of cattle-stealing had assumed alarming proportions in those regions, because
    in American territory there existed organized companies for the cheap purchase of
    stolen cattle, and that they stimulated the robbery of animals on a large scale; that
    this added to the difficulty of the apprehension of the thieves, who, by simply crossing
    the Bravo, placed themselves beyond the reach of their pursuers, and kept the inhabitants
    of that section in great alarm. If information of this report, and some others which
    go to show that the depredations have at least been common to both frontiers, has not
    been given to the legation of the United States, it is due to the fact that the Government
    of Mexico has thought proper to communicate directly with its minister in Washington,
    for the purpose of procuring the accord of the Government of the United States
    for the remedy of these common evils.

    The Government of Mexico can give the most conclusive reply to this class of charges,
    invoking the most authentic, the most respectable, and impartial testimony that can
    exist on this subject, that of Sir Edward Thornton, arbitrator in the Mixed Claims
    Commission, appointed by the two governments. These same charges were carried by
    an American citizen before this tribunal, indemnification being asked of Mexico, and
    the arbitrator expressed himself in regard to the claim, No. 647 of William C. Dickens,
    in these terms:

    "With respect to the case No. 647, of William C. Dickens against Mexico, it is shown,
    beyond doubt, in the judgment of the arbitrator, that during the last few years robberies
    of cattle have been committed in the territory of Texas which joins Mexico, and that
    those cattle have been carried to the other side of the Rio Grande, but the proof that
    the thieves have always been Mexican citizens and soldiers, that the bands have
    been organized on Mexican soil, with the knowledge of the authorities of the republic,
    and that the victims of those robberies have been denied reparation by those authorities
    when they have demanded certain lots of cattle, after having proven their property, appears
    to him to be wholly inadequate. * * * * The claimant truly says that these
    bands of thieves can be collected quickly, and make their incursions when the United
    States troops are at a distance from the point of attack. But if this makes it difficult
    for the authorities of the United States to prevent such incursions, it is the case with
    more reason with regard to the Mexican authorities, as, if to collect a band to cross
    the river is the work of an hour, to collect a considerable drove of cattle and drive
    them to the Mexican territory requires a much longer time, and gives greater opportunities
    to the authorities of the United States to attack the robbers and recover the
    cattle." * * * *

    "Hence it does not appear as a general rule that there has been a greater want
    of vigilance on the part of the Mexican authorities than on the part of the authorities
    of the State and those of the United States.

    "The arbitrator does not find in this case sufficient evidence to make the Government
    of Mexico responsible for the losses Buffered by the claimant, and he consequently
    decides that this claim be dismissed."

    What the arbitrator says in his decision the truth that Mexico has been sustaining
    in this question, a truth that, being examined, no longer admits of doubt.

  • III.

    The Government of Mexico has dictated the measures which have been within its
    power to suppress the depredations on the frontier, and remedy the evils suffered from
    them on both sides. In the long and troublesome Indian question, the conduct of the
    government was such that it received the eulogies of the Hon. Mr. Fish and of the
    legation of the United States. (Mr. Foster's note to Mr. Lafragua of the 1st of December,


    40

    1873.) And in relation to robberies committed by outlaws, not a single case has
    been complained of to the government, in which it has not dictated its measures for
    the apprehension and chastisement of the criminals. Different notes that could be
    cited in testimony of this truth, and many orders issued by the departments of foreign
    affairs, war, government, and justice, establish the fact that the government has
    never been indifferent to the sufferings and painful condition of the inhabitants of the
    frontier.

    If notwithstanding all this, the evil still exists, it does not prove the want of a disposition
    on the part of the government to remedy it. That evil is the result of many
    causes which have co-operated to develop it; it is sustained by unlawful interests which
    nourish it, and the circumstances of locality favor it. The strengh, the vigor of that evil
    is such that it has not only resisted the action of the Mexican Government, which combats
    it, but also that of the American Government, which is equally desirous to destroy it.
    And as the accusations made against the latter because it has not extirpated it at one
    stroke and in a single day are not just, as nobody can say with reason that the American
    Government is wanting in will or is powerless, because its vigorous action does not
    penetrate extensive desert regions, so Mexico cannot be held guilty because its efforts
    to establish security on the frontier have not met with the success desired. Although
    the sending of a general of rank to that region, who, with the necessary federal force,
    might pursue the robbers in combination with the American officers, is a proper
    measure, it is not the only one, nor the most important, that should be taken to give
    security to the frontier. With respect to it, however, the Government has been and is
    in such conformity that it has already invested General Treviño with the military command
    of the Bravo, (Rio Grande.)

    It is not strange that the legation of the United States has been ignorant, in the
    majority of cases, of the orders which, through the respective departments, have been
    issued by the government for the pursuit, apprehension, and chastisement of the
    criminals, and the recommendations made to the tribunals for the prompt administration
    of justice, because, as orders wholly pertaining to the interior administration of
    the republic, in most instances they have not been made known to the legation. Therefore
    the charge made by Mr. Foster against the government that, according to his
    information, absolutely nothing has been done to repress the invasions, has been proven
    to be destitute of foundation.

  • IV.

    The undersigned has manifested to Mr. Foster on several occasions that, in order
    to establish order and security on the frontier, the stationing of troops there by the
    two governments is not sufficient; more permanent measures are needed, vigorous
    measures that will prevent the incentive to robbery and the profit of cattle-stealing
    from defying the vigilance of the most effective police that, can be established there.
    And hence, if the present government has not proposed before this those measures
    which in its judgment would give the desired results, it has been, as Mr. Foster has
    been informed by the undersigned, on account of the anomalous relations that have
    existed up to the present between the two governments. Notwithstanding this, that
    of Mexico is so desirous of giving its protection to the inhabitants of the frontier, and
    to avoid every motive of complaint on the part of the neighboring republic, that, on
    appointing its new minister plenipotentiary to Washington, it has given him the fullest
    power and most ample instructions to discuss and arrange with the Government of
    the United States these affairs in a manner satisfactory to both republics.

    When the undersigned told Mr. Foster that the government could not devote its
    attention to those affairs until after it should be able to re-establish peace, which had
    been disturbed by the last revolution, General Revueltas was in the very act of throwing
    off all obedience to the authorities, and while a portion of the frontier still withheld
    its allegiance from the government established in this capital. To say this is to
    prove the insurmountable obstacles which prevented the government from giving its
    attention to those affairs in the first four months of its existence. Afterward, and as
    soon as it was possible, the government dictated several orders for the maintenance
    of security on the frontier, orders so efficacious, that, as is notorious among the inhabitants
    of those regions, and as is recognized by the not impartial press of Texas,
    the depredations have diminished to such an extent that the inhabitants of the frontier
    enjoy a relative security, such as had not been enjoyed for many years previously.

    Mr. Foster fears that if one of the rivals to the Presidency should succeed in organizing
    a counter revolution, the government would abandon the Mexican side of the Rio
    Grande to thieves and marauders. Fortunately that fear is unfounded; the Mexican
    people sustain the present government, and will not accept new revolutions at any
    price. Besides, the possibility of that contingency cannot be invoked as a reason to
    suppose that the troubles of the frontier will not receive a remedy, above all when no
    nation can be assured against that contingency.

    The breaking out of a civil war in Mexico would be a calamity very much to be regretted,
    as would be the case if a revolution should again agitate the United States. In
    such an unfortunate emergency, it would not be strange if Mexico should not be able
    to attend to the Rio Grande frontier, inasmuch as during the Confederate war the


    41

    United States were obliged to do the same, the consequences of which were very serious
    for Mexico. The invasion of savage Indians which was then suffered by the republic,
    on account of the Indian reserves having been abandoned, (without referring to other
    evils which were the result of that war,) was a great and real calamity to Mexico.

  • V.

    The Government of Mexico has understood the significance and appreciated the
    consequences of the instructions given to General Ord. The circumstance of the authority
    given that officer to enter Mexican territory being conditional does not lessen
    its offensiveness to Mexico, inasmuch as the fulfillment of that condition is left to the
    execution of that officer. Not even under those conditions can the government of the
    republic consent to the invasion of the national territory and permit a foreign officer,
    to whom neither the law of the country nor that of nations gives any authority whatever,
    to come and exercise acts of jurisdiction according to his discretion. In order to
    understand that that order, although conditional, is an offense to Mexico, it is only
    necessary to examine its literal expression; the Government of the United States itself
    has understood thus: "While the President," it says, "is anxious to avoid giving
    offense to Mexico, he is nevertheless convinced, that the invasion * * * should be
    no longer endured." The words leave no doubt on this point.

    Mexico has another reason for complaint on account of that order. Lieutenant-Colonel
    Shafter, to whom it refers, is the same officer who, on the 3d of last April, invaded
    Mexican territory, taking possession of Piedras Negras, and not in pursuit of
    outlaws, but to take by force from the Mexican authorities two Mexican criminals,
    guilty of crimes committed in Mexican territory. By orders from this department,
    communicated on the 16th of April to the minister of Mexico in Washington, on the
    28th of the same month the latter protested against that invasion, asking the Government
    of the United States to punish the culprits and to give proper guarantees for the
    future. And although the honorable Secretary of State replied on the 1st of May that
    he had asked for information on the subject before taking steps, as appears from documents
    in this department, on the 1st of the following June the order in question was
    issued by the War Department. To revert to these circumstances is sufficient to understand
    why, in consequence of them, the Government of Mexico has considered such an
    order as still more offensive to the republic.

  • VI.

    The order issued by the minister of war of the national government on the 18th
    of this month is based on the law of nations, and was the fulfillment of an inexorable
    duty on the part of the government. To prove that the instructions given to General
    Ord violate the treaties between Mexico and the United States is as easy as it is to
    point out the articles infringed. They are: Article 34, fraction 3, of the treaty of the
    1st of December, 1832; article 21 of the treaty of the 30th of May, 1848, and article 7
    of the treaty of the 31st of May, 1854. The Government of the United States, without
    observing the proceedings marked by those articles, and deciding of itself that Mexico
    has failed to comply with its international duties, issued the order of the 1st of June
    authorizing acts of aggression against Mexico. This is prohibited by the articles cited.

    It is a maxim accepted by publicists that a state cannot send its troops into a foreign
    territory without the consent of the sovereign of that territory. The independence
    and sovereignty of nations would be at the mercy of the most powerful or the most
    audacious, if this maxim should even be questioned. And supported on bases even
    more solid, it is recognized that these troops or their officers cannot, even having permission
    to enter a territory, exercise any act of jurisdiction in foreign territory; that
    they cannot punish criminals nor recover stolen property without the intervention of
    the national authorities. These maxims, which are held as undeniable precepts of international
    law, are in open conflict with the order of the 1st of June.

    These brief but decisive considerations are the basis on which is founded the judgment
    which the Mexican government has passed upon the order, reputing it offensive to Mexico,
    contrary to the treaties, to international law, and the practices of civilized nations. In
    thus acting, the government of Mexico has confined itself to defending itself against an
    unjust aggression, with the support of the evidence in its behalf. And its order of the
    18th of June was not the result of violence or haste. It was fully discussed in cabinet
    meeting, with the calmness and meditation demanded by the gravity of the question.
    The issuing of that order on the part of the executive was the fulfillment of its duty,
    which cannot and should not be sacrificed upon any occasion.

    Mr. Foster thinks the local item published in the Diario Oficial of the 21st instant is
    of the same origin and character as the order of the 18th. This is not the case. The
    government has repeatedly declared in that paper that "the Diario Oficial is its organ
    in its official section, and that outside of this section its publications have no more
    value than is given by their private origin." This alone would be sufficient to show
    that the comments made in that paragraph regarding the news on American politics
    have no official character whatever; but besides this, the explicit declarations of the
    author of the paragraph in question, manifesting that, not even in the conditional
    manner in which he wrote, did he make himself responsible for the comments which
    are even made by the American press, and which declarations are repeated in the Diario
    of the 22d and 25th of this month, should furnish complete conviction that the


    42

    said paragraph not only did not have an official origin or character, but that it did not
    even insure the statement which it made. The undersigned expressly assures Mr.
    Foster, therefore, that that paragraph is not official, nor has it any connection with the
    order of the 18th instant issued by the War Department.

    The minister of foreign affairs can assure Mr. Foster that the Mexican Government
    participates, in an equal degree of sincerity, in the desires of his excellency that cordial
    relations may soon be established between the two countries, and that it will do
    everything that depends on it, with no other restriction except the saving of the interests
    and honor of the republic, to renew and strengthen those relations. If the frontier
    difficulties have been until now the cause of constant unpleasant questions between
    the two nations, and at times have been the motive for conflict between them, the
    Government of Mexico, after a conscientious study of these affairs, has sent its plenipotentiary
    to Washington with the necessary instructions to propose the measures
    which in its judgment will give a satisfactory solution to those difficulties. The present
    Government of Mexico, zealous in the fulfillment of its international duties, of
    which it has already given undeniable testimony, will omit nothing in order that the
    honor of the republic, which is bound to the fulfillment of those duties, remain unstained
    in its relations with foreign powers.

I. L. VALLARTA.
MEXICO, June 30, 1877.

[Inclosure 2 in No. 17.] Mr. Foster to Mr. Vallarta.
[Unofficial.]

LEGATION OF THE UNITED STATES,

SIR:

I have examined with care the memorandum which your excellency handed
me on the 20th instant. While it reviews at considerable length the brief memorandum
which I left at the foreign office on the 23d of the month past, I do not regard a single
one of the six points noticed therein as successfully assailed. Were it desirable to
enter upon an extended discussion of these points, I might be inclined to refer to
some of the fallacious inferences which your excellency has drawn from the inconsequent
statements presented by you. But your excellency will remember that when I
left my memorandum at the foreign office, I stated that I had prepared it on account
of the publication made in the Diario Oficial of the order of the minister of war to
General Treviño, and especially of its editorial statement of June 21 that the President
of the United States had issued the instructions to General Ord through sinister and
disreputable influences; that the arraignment of my government in the manner stated
was creating an unjust prejudice and excitement in Mexico, which might result in lasting
injury to both countries; that I deemed it due to my government that a brief and
precise statement o fits position be at once made public in the columns of the official
organ in which it had been imprudently assailed; and that I left the memorandum with
a request for its early publication, notifying you at the same time that I regarded it
as my duty to furnish a copy thereof to my diplomatic colleagues for the information
of their respective governments.

Your excellency will remember that after subsequent interviews in regard to its publication,
I was induced at the personal instance of the President of the republic, expressed
through one of his cabinet ministers, to withdraw my request for the publication
of my memorandum.

As the special object for which the memorandum was prepared has not been accomplished,
and in view of the fact stated in your excellency's memorandum, that the
Mexican Government is desirous of entering upon treaty negotiations for the adjustment
of the questions therein referred to, I do not, therefore, regard it as either desirable
or opportune to continue the discussion. I have, however, to request that the
present note may be included in any publication which the Mexican Government may
think proper to make of the memoranda.

It is pleasant for me to have this opportunity to repeat to your excellency the assurances
of my very distinguished consideration.
JOHN W. FOSTER.
To his excellency I. L. VALLARTA,
Minister of Foreign Affairs, Mexico.


43

No. 18.
Governor Hubbard to the President.
[Telegram.]

SIR:

I am advised by Brigadier-General Ord, commanding Department
of Texas, that on the 12th instant a party of Mexicans from the
State of Tamaulipas crossed the Rio Grande River to Rio Grande City,
the county-seat of Starr County, Texas, bordering on said river, broke
open the jail by force and arms, released two murderers therein confined,
and, in so doing, severely wounded the State attorney, Hon. Noah
Cox, and three jailers. These murderers were followed by a small party
of United States troops until they recrossed the Rio Grande into Mexico.
Under the extradition treaty in force, I am vested with authority to
demand extradition of criminals from any neighboring Mexican State. I
propose to make this demand, but desire co-operation by a simultaneous
demand from the President. It is an outrageous violation of our treaty
relations and international law. I therefore, in behalf of our people, have
the honor to make this request and that the Republic of Mexico make
reparation for this act, deliver the murderers released to our civil authorities,
and inflict punishment upon the outlaws who committed the
outrage.

I have, &c.,
R. B. HUBBARD,
Governor of Texas.

No. 19.
Mr. Seward to Governor Hubbard.
[Telegram.]

DEPARTMENT OF STATE,

The President directs me to acknowledge receipt of your dispatch of
the 13th instant. Your proposed demand for extradition is in accordance
with treaty stipulations. Measures for protection and maintenance
of American rights involved will be immediately taken here.

F. W. SEWARD,
Acting Secretary.

No. 20.
Mr. Seward to Mr. Foster.
[Telegram.]

FOSTER, Minister, Mexico:

Urge extradition, and demand reparation for invasion of Texas and
attack on jail at Rio Grande. Dispatches by mail.

SEWARD,
Acting Secretary.


44

No. 21.
Mr. Seward to Mr. Foster.
No. 411.]

DEPARTMENT OF STATE,

SIR:

I transmit herewith a copy of a* telegram just received from
the governor of Texas, and the* reply made to it by direction of the
President. The case to which they refer is one of grave importance.

It is probable that the steps taken by the authorities of Texas, under
the provisions of the treaty with Mexico in regard to extradition, will
result in the arrest of the guilty parties. Of the progress of these
efforts you will be promptly informed, and if they shall not be attended
with immediate success you will be expected to make similar application
to the authorities at the national capital.

The event is no merely ordinary crime. It partakes of the character
of a national injury, and such events are, unhappily, growing but too
frequent. To the long catalogue of raids into Texas for purposes of
theft and plunder have now been added two deliberate hostile invasions
of American territory by armed bands from Mexico. Public officers of
the State of Texas have been seriously wounded, and murderers have
been released from custody. To suppose for a moment that the authorities
in Mexico will acquiesce in this outrage or will shield the offenders
would be to suppose the Republic of Mexico is no longer disposed to
maintain the attitude of a friendly power at peace with the United
States. You are instructed, therefore, to lay the facts at once before
the officers of the de facto government, with which you are holding unofficial
intercourse, and to demand their co-operation in the arrest and
punishment of the perpetrators of these crimes, and such reparation for
them as it is now possible to make.

I am, &c.,
F. W. SEWARD,
Acting Secretary.

No. 22.
Mr. Foster to Mr. Evarts.
[Telegram.]

(Via

Mexican Government states all diligence being used to arrest assailants
of Texas; prompt extradition of all discovered offenders promised.
Official information received here that expedition was organized in
Texas.

JOHN W. FOSTER.

No. 23.
Mr. Foster to Mr. Evarts.
No. 590.]

LEGATION OF THE UNITED STATES,

SIR:

On yesterday I received your dispatch dated on the 15th instant,
in which you instruct me to "urge extradition and demand reparation for
invasion of Texas and attack on jail at Rio Grande City."


45

I at once called upon Mr. Vallarta and informed him of the contents
of your telegram. He said that his government had received information
of the occurrence, and that he was just preparing orders to be sent
to the governor of Tamaulipas, instructing him to carry out the stipulations
of the treaty of extradition in regard to all who had been or
might be arrested in Mexico charged with participation in the affair.
He further stated that as soon as the government had information of
the event, it sent instructions to General Treviño and other officials
to use every exertion to detect and arrest any of the guilty parties in
Mexico, authorizing them to expend whatever money was necessary to
aid in the detection. He said the reports which had been sent by the
Mexican officials on the frontier were to the effect that the persons who
composed the party attacking the jail were American citizens of Mexican
origin resident in Texas; that the expedition had been originated
entirely in Texas; and that after the attack the assailants had fled into
Mexican territory.

I saw Mr. Vallarta again this morning, and he said that the instructions
in regard to the extradition of the guilty parties arrested in Mexico
had already been telegraphed to the governor of Tamaulipas. I accordingly
sent you to-day the following telegram, via overland wire:

Mexican Government states all diligence being used to arrest assailants of Texas
jail. Prompt extradition of all discovered offenders promised. Official information
received here that expedition was organized in Texas.

In view of the denial of Mr. Vallarta that there was invasion
from Mexico, I have thought best to confine my action for the present to
reading to him your telegram, and urge prompt measures for the arrest
and extradition of the offenders. When your dispatches by mail are
received, I will act in accordance with the facts and instructions contained
therein.

I am, sir, &c.,
JOHN W. FOSTER.

No. 24.
Mr. Foster to Mr. Evarts.
No. 593.]

LEGATION OF THE UNITED STATES,

SIR:

Confirming my dispatch No. 590, of the 22d instant, in reference
to the assault on the jail at Rio Grande City, I have to acknowledge receipt
this morning of your dispatch No. 411, of the 15th instant, on the
same subject.

I called to-day upon Mr. Vallarta and gave him a copy of the telegram
of the governor of Texas to the President of the United States,
and directed his attention to the statement of the governor that the assault
was made by a party of Mexicans who crossed the river from the
State of Tamaulipas. I said that this declaration of the governor was
confirmed by the reports of the military officers on the frontier, and was
in direct contradiction of the reports which he (Mr. Vallarta) informed
me in our last interview on the subject his government had received. I
then gave him the views of our government in regard to the affair, as
set forth in your dispatch No. 411, and repeated my demand heretofore
made for the arrest and punishment of the perpetrators of the crimes,
and for such reparation for them as it was possible to make.


46

Mr. Vallarta repeated his previous statement as to the measures already
taken and the instructions given, and assured me that his government
would continue to give the subject its earnest attention with a
view to the arrest and delivery of the criminals under the extradition
treaty, and to the punishment of any persons who may have aided or
abetted the assault in Mexico.

I asked Mr. Vallarta if he considered that it was necessary under the
treaty that I should make any formal or written application for the extradition
of the criminals. He said that he did not, as the treaty conferred
ample powers upon the authorities of the frontier States to effect
the extradition without diplomatic intervention or the action of the central
federal government; and such instructions had been sent to the
authorities of Tamaulipas.

I am, &c.,
JOEN W. FOSTER.

No. 25.
Mr. Seward to Mr. Foster.
No. 413.]

DEPARTMENT OF STATE,

SIR:

I transmit herewith a copy of a letter of the 18th instant from
the Secretary of War, and of a telegram from General Ord which accompanied
it, in relation to the measures taken by the Mexican authorities
for the apprehension of the escaped prisoners from Rio Grande City jail,
and the assault on the jail by Mexican bandits.

The department is gratified to learn of the judicious and energetic
action taken by General Benavides in the matter.

I am, &c.,
F. W. SEWARD,
Acting Secretary.

[Inclosure in No. 25.]
Mr. McCrary to Mr. Evarts.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a telegram from
General Ord, communicating intelligence received from Generals Canales and Treviño,
relative to the measures taken by the Mexican authorities for the apprehension of the
escaped prisoners from Rio Grande City jail, and concerning the assault on said jail by
the Mexican bandits.

Very respectfully, &c.,
GEO. W. McCRARY,
Secretary of War.

[Telegram.]


(Received
To ADJUTANT-GENERAL,
Washington, D. C.
The following just received:

A. A. GENERAL:

Benavides has offered $2,000 reward for the escaped prisoners, and is making every
exertion to capture them. The party were desperadoes, who place at defiance the laws
of Mexico as well as the United States. The disturbed condition of the frontier, in a


47

continual state of anarchy, gives them immunity from punishment. The central government
is very little respected by the leaders on this frontier. If the government gets
established it is proposed to make a change and endeavor to get order out of the confusion.

"SWEITZER,
"Commanding District."


The following received from General Treviño, dated 14th:

"GENERAL ORD:

Your telegram concerning assault by bandits on jail, Rio Grande
City, which you consider done by Mexicans, received. I doubt Mexicans crossed to do
this, there being plenty to do it on that side; nor do I think it just to hold authorities
of Tamaulipas responsible for assault perpetrated in another country. Whether by
Mexicans or not, my government will use means at hand to protect residents, but cannot
go beyond her limits to protect foreign towns. General Canales and civil officers
have taken prompt measures to arrest the offenders who made the assault, notice having
arrived of their crossing. I repeat that the acts committed beyond jurisdiction of
her officers are no just cause of complaint against this government.

"CANALES."
Above is brief of Treviño's telegram.
ORD,
Brigadier-General.

No. 26.
Mr. Foster to Mr. Evarts.
No. 594.]

LEGATION OF THE UNITED STATES,

SIR:

In my interview to-day with Mr. Vallarta, in regard to the assault
on the jail at Rio Grande City, I asked him what action had been taken
by his government for the punishment of the officers who made the invasion
of Texas in pursuit of Valdez's party of Lerdistas, on the 11th of
June last; which is reported in your dispatch, No. 395, of June 21. He
informed me in reply that the officer who ordered and commanded the
expedition had been placed under arrest, and had been sent to Monterey
for trial, which he supposed was now in progress.

I am, &c.,
JOHN W. FOSTER.

No. 27.
Mr. Foster to Mr. Evarts.
No. 602.]

LEGATION OF UNITED STATES,

SIR:

When at the foreign office to-day, in response to my inquiry as
to the news recently received by the government concerning the Rio
Grande City raiders, Mr. Vallarta told me that information had been
sent that two or more of the assailants arrested were Mexican citizens,
and that the government had sent instructions to the authorities of the
State of Tamaulipas to deliver them up to the American officials for
trial. He said that the extradition treaty did not require the Mexican
government to surrender its own citizens, but in this instance it was
desirous of manifesting its disposition to do everything possible to secure
the punishment of the criminals.


48

I assured Mr. Vallarta that if the authorities delivered the assailants
under the instructions stated by him, the act would create a very favorable
impression in the United States.

I am, &c.,
JOHN W. FOSTER.

No. 28.
Mr. Foster to Mr. Evarts.
No. 612.]

LEGATION OF THE UNITED STATES,

SIR:

I have noticed the telegraphic report sent by the commanding
officer at Brownsville to General Ord, that the Mexican Government
had sent from Vera Cruz 1,500 federal troops to Matamoras, under command
of General M. Gonzales, to relieve the state troops and irregular
levies in garrisoning the Rio Grande frontier. Before this date you
will doubtless have ascertained the falsity of the report; but it is to be
regretted that it did not prove true.

It is just such a measure as this which I have urged upon the government
of General Diaz from the beginning, and which it has constantly
been promising should be done, but continues to delay putting into execution.
And so long as the interior politics of the country continue
threatening, and internal peace is not completely assured, I suppose
the present administration will follow the practice of the past administration
—reserve its best troops and most experienced and reliable officers
to maintain the supremacy of the government against threatened insurrections,
and leave the garrison duty of the Rio Grande frontier to such
troops as can be gathered in that region, and under the command of
local officers. The objections to such a course are, that the troops are
both inefficient and strongly in sympathy with the prejudices and hostility
of the frontier population against the citizens of Texas. The
officers partake in a great degree of the same spirit, and the prevention
of raids and the arrest and punishment of raiders are scarcely ever
attempted in good faith.

In a letter dated on the 28th of May last, I informed you of the promise
which Mr. Vallarta had made to me, that a federal force under a prominent
and prudent general should be sent to that frontier. In that interview
Mr. Vallarta informed me that the officer selected by the President
for that service was General Manuel Gonzales, and that he was on
his way to this capital to receive his instructions prior to his departure
to the Rio Grande. Soon after his arrival in this city trouble was
threatened in the revolutionary region of Tepic, and General Gonzales
was sent to that part of the republic, on the Pacific coast, where he still
remains.

It is rumored in this city that General Canales, displeased with the
action of the government in ordering the delivery of the Rio Grande
jail assailants, has resigned his command; and that General Treviño
has also asked to be relieved, and has left the command of the Rio
Grande frontier in the hands of a subordinate officer. In this way the
present administration is repeating the practice of the past administrations.
Whatever treaty stipulations may be made will fail in a great
measure of their purpose until the Mexican Government treats the Rio


49

Grande frontier with more importance in a military point of view and
changes its past policy in this respect.

I am, sir, &c.,
JOHN W. FOSTER.

No. 29.
Mr. Foster to Mr. Evarts.
No. 613.]

LEGATION OF THE UNITED STATES,

SIR:

The surrender at Matamoras last month of the three Mexicans
charged with the assault upon the jail at Rio Grande City to the American
authorities, in accordance with the extradition treaty, has been the occasion
of bitter attacks upon the Diaz government, both by the press of
the frontier and the Lerdo organs and partisans in this city. It is charged
that the executive, in issuing the order to General Canales to cause
their unconditional surrender to the American authorities, (1st) invaded
the judicial power in taking the criminals from the custody of the judge
of Matamoras, who had taken cognizance of the case and had the prisoners
in his custody; and (2d) that the President violated the last clause
of article 6 of the treaty of extradition, which, it is contended, exempts
Mexican citizens from surrender.

For the first reason, the judge at Matamoras made complaint to the
department of justice, and to which Mr. Vallarta, the minister of
foreign affairs, replied, by order of the President, vindicating his action.
I inclose a copy and translation of the official correspondence on the
subject.

The Diario Oficial, the official journal of the government, has replied
to the second charge, which is, doubtless, the position assumed by the
minister of foreign affairs, a translation of which article I transmit
herewith, as indicating the unreasonable character of the attacks made
upon the government for its commendable conduct in this matter.

I send also a translation of an editorial from the Federalista, the leading
organ of the Lerdo party in this capital.

I am, sir, &c.,
JOHN W. FOSTER.

[Inclosure 1 in No. 29.—Translation.]
MEXICAN REPUBLIC, DEPARTMENT OF FOREIGN AFFAIRS, SECTION OF AMERICA.
Department of justice and public instruction, section 1st.

In a telegram of the 2d instant received to-day in this department, the citizen judge
of the district of the North of Tamaulipas says to me the following:

"In conformity with article 4 of the extradition treaty with the United States, I
am the proper judge to have cognizance of these matters.

"But the departments of foreign affairs and of war, in ordering General Canales to
deliver the prisoners of Davis, claimed, have invaded my functions.

"I thought from what the latter told me on the 13th instant that the invasion would
not be repeated; but it is not so, because it is again ordered that two prisoners be delivered
by the said General Canales—Dominguez and another—which the extradition
judge of Texas has asked of me.

"I pray you, therefore, to be pleased to state to the citizen President of the republic
that this irregularity in making extraditions may occasion a grave conflict, sufficient
to disturb the public peace on this frontier, or to give occasion to abuses on the part
of our neighbors which may also occasion serious and complicated difficulties."

H. Ex. Doc. 13—4


50

And with the concurrence of the citizen President I transmit it to you for your
information, and to the end that you may be pleased to decide upon what you may consider
proper.

Liberty in the constitution.
October 5, 1877. P. TAGLE.
To the SECRETARY OF STATE and of the DEPARTMENT OF FOREIGN AFFAIRS,
Present.

MEXICAN REPUBLIC, DEPARTMENT OF FOREIGN AFFAIRS, SECTION OF AMERICA.

The President of the republic having taken into consideration the telegram of the
local judge of Matamoras of the 2d instant, inclosed with the note of your department
of the 5th, has decided that the following be said in reply:

Article 4 of the treaty of extradition between Mexico and the United States establishes,
as a general principle, that the delivery of fugitives from justice of each country
should be made by order of the executive of the same, and the exception, with
reference to crimes committed within the limits of the frontier States or Territories,
does not by any means imply that in such case the federal executive is incompétent
to order the extradition, but that it does not pertain to it alone to order it, but also to
the governor of the State or Territory, or the political chief, (jefe politico,) prefect, or
district judge of the region of the frontier, duly authorized for the purpose by the
former, or to the superior military chief when the civil authority is suspended from
any cause.

Thus the competency of the federal executive to order the extradition of fugitives
from justice or from the proper authorities of the United States, who solicit it in conformity
with the treaty, is extended to all possible cases, with the difference that it is
exclusive treating of crimes committed in States or Territories other than of the
frontier, so that in such cases the said executive power only orders the delivery of
fugitives from justice duly demanded; and in the case of crimes committed in frontier
States or Territories it may also order the delivery through any of the enumerated
authorities. This, besides being the natural and explicit meaning of the treaty, is
entirely in conformity with the character of extradition, which is unquestionably an
international matter, belonging, consequently, to the executive power of the federation
to decide all cases in which it may be respectively asked or conceded.

The constitution charges it with directing diplomatic negotiations. Before foreign
nations it is the representative of the national sovereignty, and is responsible for the
fulfillment of the treaties, as well toward the governments with which they have been
celebrated, as toward the republic which has intrusted to it in its federal charter the
delicate trust of fulfilling the obligations contracted by those treaties and to make
effective the rights acquired by the same.

Hence, if, independently of all action of the federal executive, the first civil authority
of a State, or the principal authority of a frontier district or section, could take cognizance
of matters of extradition and decide whether it is to be conceded or denied in
certain cases, the said executive power would remain in those cases without means of
preventing the violation of a treaty, and with the obligation to be responsible for it,
as well to the foreign government in whose prejudice it might be committed, as to the
Mexican Republic, whose decorum and interests would be compromised by such violation.

The authorities of which mention has been made should be considered, in conformity
with the treaty and the nature of extradition matters, as agents of the executive power
in order to assist it, and not with jurisdiction of their own, and still less exclusive
jurisdiction.

The object of articles 2 and 4 of said treaty was simply to avoid in urgent cases the
delay which would be occasioned by resorting to the federal executive of one or the
other country in respectively asking and ordering the delivery of fugitives from justice;
but as soon as that power has information of any of these cases the reason indicated
does not exist, and the intervention of the authorities of the State or locality in
the frontier district or section should cease; or at least it remains, and should remain,
in all cases subordinate to the final resolution of said executive power.

The extradition of fugitives from the justice of a foreign country is not an act of
judicial jurisdiction, but of national sovereignty, and the best proof of this is the treaty
with the United States, which, in respect to crimes committed on the frontier, does
not charge the judicial authorities with asking and conceding the delivery of such
fugitives, but in preference the principal civil authority of the State, and only by delegation
or special designation of the latter, the principal civil or judicial authorities of
the district or section of the region of the frontier, indifferently, is charged with the
duty.

In addition to this being the clear and explicit intention of the text of the treaty,


51

it is in accordance with the doctrines of European and American authors of great note,
who generally, and with great profusion of philosophical reasons and public law, maintain
that the extradition of fugitives from justice is not a judicial but a diplomatic
matter, and consequently pertains exclusively to the power intrusted with the foreign
relations of the country.

In view of the foregoing considerations, the President has been pleased to declare
that the judge of Matamoras was not justified in considering his functions invaded by
the order of the President in relation to the delivery of the two prisoners for the assault
upon the jail at Rio Grande, since, in ordering it, he made use of his proper faculties
in conformity with the treaty of extradition with the United States, and the nature of
the case.

In communicating this resolution to the said judge, you will be pleased to inform
him in accordance with the direction of the President, that if, as he stated in his telegram,
the ordering of the extradition of the said prisoners by the federal executive
power, has appeared to him as an irregularity and may be the occasion of altering the
public peace of the frontier, it devolves upon the authorities of the same to dispel this
erroneous idea, and to inspire the people with the greatest circumspection in matters
of this class, which affect the foreign relations of the country; assuring him that in
these the government is not guided by any other view than that of sustaining in
every respect the national decorum.

Liberty in the constitution. Mexico, October 9, 1877.
VALLARTA.
To the SECRETARY OF STATE, and of the Department of Justice and Public Instruction.
MEXICO, October 9, 1877.
True copies.
ELENTERIO AVILA.
Chief Clerk.

[Inclosure 2 in No. 29.]
[From the Official Journal, October 11, 1877.—Translation.]
EL NOTORIOSO DEL BRAVO.

This colleague, which is published in Matamoras, finds an incompatibility between
the provisions of our treaty of extradition with the United States of the North and the
order issued by the government of the Union to the end that the assailants and fugitives
of the jail at Rio Grande City be delivered up.

We proceed to show that this order is not contrary in any manner to the provisions
of the treaty.

"Neither of the contracting parties shall be bound to deliver up its own citizens under
the stipulations of this treaty," says the article in question.

It is clearly seen that the two nations have not cared to impose upon themselves in
all cases the obligation to refuse the extradition of their own citizens. If this had
been their intention it would have been so expressed in precise terms; but, far from
this, the terms of the treaty show that the contracting parties have desired to reserve
the liberty of consenting or not to the extradition of their own subjects according to
the special circumstances which accompany each case.

Not being obliged to do a thing does not signify the compromise to never do it; it
simply signifies the liberty to do it or not to do it, according to circumstances.

It is understood from the foregoing that the Mexican Government, in ordering the
extradition of the criminals of Rio Grande City, has done an act which it was not
obliged to do by the respective treaty; but it has infringed or violated none of its
clauses.

If we take into consideration the importance and gravity of this class of documents,
as well as the attention and care in drawing them up with which diplomatists proceed
who adjust them, we should suppose that if the authoritative form has been preferred
to the prohibitive, it is not because it has been considered indifferent whether one was
used or the other, but because there were weighty reasons at the time for preferring
the former.

What may these reasons be? The high contracting parties could not do less than
foresee the possibility of certain cases in which, for reasons of public morality or well-known
mutual convenience, either of the two nations might consider it necessary to
make the extradition of their own citizens; and with this foresight the liberty to act
in one or the other manner according to circumstances was necessarily indicated in
the treaty.

With much greater reason this was to have been foreseen, inasmuch as among the
uses and practices of civilized nations numerous cases are found in which the latter


52

have consented to the extradition of their own subjects, notwithstanding that no
treaty whatever obliged them to do it, cases which we will cite if it should be necessary.

In order to judge impartially the order issued by the Mexican Government, in the
case under consideration, it should simply be ascertained if powerful motives exist
which justify and make necessary the extradition of the assailants and refugees of the
Rio Grande City jail.

It is not necessary to relate the facts of the crime committed by the said individuals,
nor the special circumstances, because they are well known to the public. No one can
doubt that it is proper for the two nations to mutually assist each other in securing
the prompt and efficacious punishment of crimes of this nature and gravity. If an
impartial examination be made of the act in question and of the circumstances which
accompanied it, and if, besides, the condition of our northern frontier be considered,
one cannot do less than agree that the government has acted with circumspection, and
that in this case, with more reason than in any other, it should have exercised the
right to make the delivery of its own citizens, which it reserved in the treaty of extradition.
This proceeding was demanded by the honor of the country, which might have
been wounded by suspicion, apparently well-founded, if it had acted differently.

Besides these reasons, which are possessed by the public, and which are sufficient to
justify the proceedings of the government of the union, there are others of no less
weight, and which have not been made public, because the opportunity has not yet
arrived to do so without prejudice to the reserve which is due in negotiations of this
class.

If the government in ordering the extradition of the criminals has exercised a faculty
which the treaty concedes to it, and if, in exercising it, it has acted in conformity
with the usages and practices of civilized nations, even by those which have always
been most jealous of their honor and dignity, we do not understand what well-founded
charge can be made against the order of the department of foreign affairs, which has
occasioned these lines.

[Inclosure 3 in No. 29.—Translation.]
[From the Federalista, Lerdo organ, Mexico, October 12, 1877.]

The question of the extradition of criminals on the northern frontier, in conformity
with the treaty between the United States and Mexico of the 23d of May, 1862, is becoming
the subject of discussion in the press of Matamoras.

The revolutionary government is attacked with real vehemence, on account of the
delivery made by order of the minister of foreign affairs, Vallarta, to the American
authorities, of the supposed criminals, Pablo Parra, Bribido Ontiveros, and Redolfo
Espronceda, reputed to be Mexicans.

Thus is manifest in Matamoras the popular indignation at so disreputable an act,
which indignation, without any doubt whatever, will be increased upon being informed
of the new outrage committed in ordering that two other Mexicans be delivered also,
to whom the official documents refer, which documents we will insert at the conclusion
of these light comments.

The impunity with which the revolutionary government proceeds, delivering victims
to American demands, is truly frightful. The selling of the people of Yucatan by
Irigoyen seems less hideous than the delivery by Porfirio Diaz, and his minister Vallarta,
docile and submissive, of the sons of the frontier.

In the first case the lives of the inhabitants of Yucatan were not endangered; they
were simply exiled, encouraged by the hope of flight, and with it the hope of liberty.
In the second case, the delivery to the American authorities of various people of the
frontier is a death sentence for all of them, either judicially or by applying lynch-law
to them, by which their lives will soon be taken.

That a Mexican, making use of the faculties of government, should break the law
and treaties in order to make gifts of victims in exchange for a probable recognition of
his usurping government, without regard to trampling upon the judicial authority, the
fear of wounding national feeling, or the announcement of the probable disturbance
of the peace, is monstrous to such a degree that it can hardly be conceived.

Nevertheless there is nothing more certain, startling, and horrible. The amazed
nation contemplates the violation of its laws, the trade in its sovereignty, the mockery
of its institutions, and lastly the delivery of its sons to the executioners of the
neighboring nation! Can it bring upon itself greater debasement?

In the resolution which we publish signed by Mr. Vallarta, it is attempted to defend
in a weak manner, and with arguments truly superficial, the proceedings in the past
relating to the offense against the judicial power, entirely forgetting the treaty of extradition
to which every proceeding should be subjected.

In fraction second of article 6 of the treaty, these exact words are read: "Neither of


53

the contracting parties shall be bound to deliver up its own citizens under the stipulations
of this treaty." And, as in treaty matters, the letter of the text is obligatory,
without interpretation of any kind, it may be affirmed that the Mexican authorities
have no obligation to deliver up Mexicans, however exigent the American authorities may
be.

To deliver Mexicans, then, without having the obligation and without the treaties
demanding it, is a crime, is an attack upon the federal constitution which, in its article
126, defines treaties as the supreme law of the republic. If patriotism existed
among the so-called federal powers, Porfirio Diaz and his minister Vallarta should be
dragged before the grand tribunal to answer for their conduct in making the vile delivery
of Mexicans. But in the epoch of social dissolution, the great virtues have disappeared,
in order to cede the past to sickening and repugnant conspiracy.

Fraction second of article 1 is also explicit in the case. It is thus: "This shall be
done (the extradition) only when the fact of the commission of the crime shall be so
established as that the laws of the country in which the fugitive or the person so accused
shall be found, would justify his or her apprehension and commitment for trial,
if the crime had been there committed."

Well, then, have Porfirio Diaz and Vallarta evidence of the crime of which Parra,
Ontiveros, Espronceda, and the other two Mexicans are accused? Has the legitimate
arrest and trial of the accused proceeded in conformity with the laws of Mexico?
Nothing is known of this in the palace, because all the evidences are in Matamoras,
where, in view of them, the delivery ordered is considered monstrous.

This grave matter has consequently been decided blindly, without a knowledge of
the facts, without data, with the sole idea of temporizing with the United States, flattering
them, in order to ask in exchange the dreamed-of recognition.

This is the morality and patriotism of the present rulers; thus they pretend to comply
with their duties as public authorities and as sons of Mexico.

No. 30.
Mr. Foster to Mr. Evarts.
No. 615.]

LEGATION OF THE UNITED STATES,

SIR:

I transmit herewith an official telegraphic report by the Mexican
general, at present, in command on the Rio Grande frontier, of the
crossing of American troops into Mexican territory, above Piedras Negras,
in the last days of the past month, in pursuit of Lipan Indians,
and the action of the Mexican troops occasioned thereby, and the reply
of the minister of war thereto.

I am, sir, &c.,
JOHN W. FOSTER.

[Inclosure in No. 30.—Translation.]
[From the Diario Oficial, October 13, 1877.]
REPORT OF GENERAL NARANJO AND REPLY OF MINISTER OF WAR.
The frontier.

The following telegram has been received:

CITIZEN MINISTER OF WAR:

General Falcon reports from Piedras Negras that on September 29 an American force
crossed into Mexican territory and attacked a camp of Lipan Indians, and transmits
the report of Colonel Rodriguez, which gives details of the event. I send by mail the
report referred to, from which I extract. Colonel Rodriguez immediately, on receiving
information, started with one hundred dragoons, making a forced march of thirty
leagues. Afterward he sent forward an advance of twenty dragoons and ten citizens,
which overtook the American force. This force was composed of five hundred cavalry


54

and presented its line of battle, making a change of front for the defensive. The Mexican
force imitated these movements, thus gaining time, awaiting the arrival of the
colonel with re-enforcements. The Americans commenced to retire, and there was great
prudence on both sides not to begin hostilities. The prudence and energy of Colonel
Rodriguez do him honor.

I have ordered General Falcon to act in accord and on the terms which he indicates
to me in a private letter, and that he continue to sustain with dignity the national
honor.

F. NARANJO,

General FRANCIS NARANJO:

The President of the republic has been informed of an American force, consisting of
five hundred cavalry, crossing into Mexico and attacking a band of Lipan Indians.
The report of Colonel Rodriguez, in which details are given, is awaited in order that
the proper resolution may be taken.

OGAZAN,
Minister of War.

No. 31.
Mr. Foster to Mr. Evarts.
No. 616.]

LEGATION OF THE UNITED STATES,

SIR:

Referring to my No. 613, of the 12th instant, on the subject of the
defense by the minister of foreign affairs of the order of the executive for
the extradition of three of the assailants of the Rio Grande city jail, I now
transmit a translation of an additional editorial from the government
official journal of yesterday. This article discusses the last clause of
article VI of the extradition treaty, maintaining that the said clause
does not absolutely exempt Mexican citizens from extradition, but
simply reserves to the executive the right to decline to surrender its
own citizens or not, as convenience or public policy may determine. It
proceeds to a citation of treaties and authorities, to show that it is the
practice of other nations to surrender their citizens or subjects for
crimes committed in other countries, and defends the action of the
executive as in accordance with the more advanced and enlightened
principles of international law and comity, and as required by the peculiar
circumstances of the crime in question and the condition of affairs
on the Rio Grande frontier. The editorial may be considered as an
authoritative exposition of the views of the minister of foreign affairs.

I am, sir, &c.
JOHN W. FOSTER.

[Inclosure in No. 31.—Translation.]
[From the Diario Oficial, October 17, 1877.]
MORE IN REGARD TO EXTRADITION.

The note of the department of foreign affairs, communicating to that of justice the
decision in regard to the extradition of the refugees and assailants of the jail at Rio
Grande City, states with clearness and precision the foundations of the said resolution
of the supreme government, so that it appears unnecessary to enter upon further explanations,
which can only be excused by the persistency of certain newspapers in
censuring that resolution.

The interpretation which the department of foreign affairs has given to article 6 of
the treaty is the natural and genuine one, it being understood that the clause is restrictive,
authorizing the extradition of citizens subordinate to reasons of convenience.


55

The article, enumerates the cases in which, in an absolute manner, the extradition
shall not occur, and continues: "Neither of the contracting parties shall be bound to
deliver up its own citizens under the stipulations of this treaty."

Article 10 of the treaty concluded between the Argentine and Uruguay Republics
on the 14th of June, 1865, is similar to that under consideration, since it says: "If the
criminal demanded shall be a citizen of the nation upon which the demand is made, its
government will not be obliged to make the extradition." "Thus this clause," says a
French publicist, "authorizes, under certain restrictions, the extradition of natives."
(Billot, Personnes paissible d'extradition, cap. 2, lib. 2.)

As is seen, the interpretation of the treaty is not arbitrary or forced, as appears to
the newspapers alluded to, in their task of vituperating all the acts of the government.

The editor of the Federalista, whom we believe much better versed than we are in
the history of France, cannot do less than admit that Napoleon was a ruler jealous of
the national honor, and nevertheless he issued in Amsterdam the decree of the 23d
of October, 1811, permitting the extradition of his own subjects accused of crimes committed
in foreign territory. Certain authors have considered the imperial decree repealed
by article 4 and 62 of the charter of 1814, which are found reproduced in that
of 1830; but those of greater note agree "that the government has proclaimed in a
decree that French citizens could be delivered up to foreign justice." (M. Faustine
Helie, Traité de l'Instruction Criminelle, t. ii, ch. 5.)

The treaties of France signed with England on the 13th of February, and with the
United States on the 9th of November, 1843, express in a specific manner "that extradition
should be applied to all persons accused, &c.

The latter power has always shown itself disposed to agree to the extradition of its
citizens. It does not admit that a man may be justly withdrawn from the jurisdiction
of a country whose laws he has violated. It has considered it to be its duty to adopt
more elevated views, making concessions to the common interest which all civilized
people have in the suppression of crime. Thus it is that, in treaty of the 9th of August,
1842, celebrated with England, it has stipulated for the mutual delivery of criminals,
whose crimes are there specified, (all persons who, being charged with the crime of
murder, or assault, &c.) Like stipulations are contained in the treaties of the 30th of
September, 1868, between Italy and the United States; that of the 19th of September,
1870, between that republic and that of Nicaragua; and that of the 25th of November,
1850, concluded between Switzerland and the United States. The convention of
the 3d of July, 1856, celebrated between Austria and the United States, comprehends
the same clauses.

In the official edition of the treaties and conventions celebrated between the United
States of America and other powers from the 4th of July, 1776, we find among the explanatory
notes the following, in chapter relating to extradition: "Unless otherwise
provided by treaty, it is immaterial whether the person demanded is or is not a citizen
of the United States." Wheaton teaches the same. (State Trials, 392.)

Without the necessity of engulfing ourselves in works of international law, where our
adversaries will encounter innumerable cases of extradition, even without the pre-existence
of a treaty which authorizes it, we will limit ourselves to citing that of Mr.
Henry Tourville, an English subject whose extradition was asked of the English authorities
and conceded by the same in the month of December last. The accused was
taken before the tribunal of Botzen (Tyrol) where he was tried.

The Federalista and the Bandera Nacional will be easily convinced that even without
the necessity of a formal extradition treaty, it has been asked and conceded by
different states, which is the common practice of civilized nations.

On the part of the country which determines the delivery of the individual demanded,
the extradition is an act of supreme authority. It pertains, therefore, to the
Federal Executive, as intrusted with the custody and exercise of the supreme power,
to authorize a measure of this nature. When governments intrust these attributes to
other magistrates, they simply delegate their faculties, being able, consequently, to
make such delegation when they judge it opportune.

Has the government failed in its duties of giving protection to Mexicans in conceding
the extradition of three of the latter for crimes committed against a foreign nation?
Will it not be a matter of reciprocal convenience not to convert the banks of
the Bravo into an asylum for criminals—a perennial spring of mutual reclamations? It
is necessary to agree that the duties of the protection of a state toward its citizens
lacks the extension which certain writers of what is called the opposition attempt with
exaggeration to give them. These duties are limited to seeing that no citizen becomes
the victim of an express denial of justice in a foreign country, of a manifest refusal of
equity, or of barbarous practices condemned by civilization. If the government has duties
toward citizens, it has also international duties with which to comply, to which it
would be unfaithful by refusing its assistance in the exercise of salutary justice.

Concerning the speculations relative to General Canales, they have for their object
the desire to create divisions and sow discord among the public functionaries.


56

No. 32.
Mr. Evarts to Mr. Foster.
No. 421.]

DEPARTMENT OF STATE,

SIR:

Your dispatch No. 612, of the 6th instant, in reference to troops
for the Rio Grande frontier, has been received. In suppressing border
disturbances and in bringing offenders to justice it is not doubted that
the Mexican regular troops are more efficient and impartial than the
local levies to which you advert.

I am, &c.,
WM. M. EVARTS.

No. 33.
Señor Mariscal to Mr. Evarts.
[Translation.]

LEGATION OF MEXICO IN THE UNITED STATES,

Mr. SECRETARY:

On the 3d instant an occurrence took place between
Eagle Pass, Texas, and the Mexican town of Piedras Negras, to
which I find myself obliged to call your attention. A number of United
States soldiers, under the command of Colonel Shafter, crossed the Rio
Bravo, (Rio Grande,) and proceeded to the aforesaid town for the purpose
of liberating by force two men who had been arrested by the local
authorities on Mexican soil.

I received immediate notice of the occurrence by telegraph, which was
confirmed from various sources. Expecting, however, somewhat fuller
and more reliable data, I confined myself to informing Mr. Frederick
Seward, Assistant Secretary of State, of the incident, in a general way,
in the interview which I had the honor to have with him a few days
since. I have to-day received information sufficient to enable me to
form an idea of what took place, and I take the liberty of transmitting
it in the inclosed copies of the letters which passed between the Mexican
consul at San Antonio and the military commandant of the Department
of Texas.

As you will be pleased to observe, General Ord admits that the act to
which I refer was performed by his order; and he alludes, moreover, to
the crossing of another party of soldiers from his department to the
territory of Mexico in pursuit of Indians, on which occasion the two
men served as guides to the foreign force. The same general, as he
states in his communication, sent word to the alcalde of Piedras Negras,
"That the guides, who were under arrest, had acted in accordance with
the permission obtained by the present authorities from the district of
Mexico, and by authority from Washington." I quote the exact words
of the communication, which was written in Castillian, according to the
copy sent me by Mr. Morales, the consul; and I must declare that I do
not understand to what permission obtained or given in the city of
Mexico General Old can have reference. From the data on file at the
legation under my charge, I am certain that my government, notwithstanding
its earnest desire to co-operate with the United States in the


57

pursuit of Indians or criminals on the frontier, has not granted a general
permit to pursue them, to the troops of this country, being prevented
from doing so by an article in the constitution of the republic.

Even if a permit had been granted (contrary to the information which
I have received) for the crossing of the river in pursuit of Indians, this
would not justify the subsequent occupation of Piedras Negras, and the
threat made by the force to liberate two prisoners who were subject to
the jurisdiction of Mexico, and who, moreover, were probably Mexicans.
As peace happily prevails between the two countries, there is no possible
circumstance that could justify such an act, as the eminent jurist
whom I have the honor to address is well aware.

It is not only a violation of Mexican territory that was committed in
this last instance, but a direct insult was offered to the authorities of
the country, who were threatened with military force to the end that
they should surrender two persons who were beyond a doubt subject to
their jurisdiction. If the prisoners were not rescued by violence, this
was due to the fact that they had been removed to the interior; and if
there was no effusion of blood nor anything else to render the occurrence
still more lamentable, it was only because, as it appears, resistance
was just then impossible. Still, the effect produced upon the Mexicans
residing near the Rio Bravo, and which will be produced throughout
the rest of my country by this unexpected attack, is totally at variance
with what is to be desired for the preservation of harmony between
two neighboring nations, and especially for the paving of a way to the
settlement of certain international difficulties peculiar to that frontier.

In view of these considerations, and of others which cannot escape
the penetration of the Government of the United Spates, I hope that the
parties who are responsible for the act to which I refer will be reprimanded
as they deserve, and that suitable measures will be taken to
prevent a repetition of similar acts; all the more, inasmuch as (if there
is any foundation for certain rumors published by the press) there is a
plan on foot, and preparations are being made in Texas to continue invading
the territory of Mexico, whenever the military authorities may
think proper.

I avail myself, &c.
IGNO MARISCAL.
Hon. WILLIAM M. EVARTS, &c.

[Inclosure 1 in No. 33.—Translation.]
Señor Morales to General Ord.

MEXICAN CONSULATE AT SAN ANTONIO DE BEXAR, TEX.,

I yesterday received a letter from Piedras Negras, dated the 4th instant, whereby I
am informed that, on the day previous at day-break the inhabitants of that town
were surprised by the appearance of a force of United States infantry and cavalry, under
the command of Colonel Shatter, and also that the artillery of Fort Duncan, on the
American side, was placed in such a position as to menace Piedras Negras, causing general
consternation in every family, the people being unable to explain the cause of that
invasion, and still less to conjecture what would be the final result.

As I regard this information as perfectly reliable, I am surprised that this occurrence
took place without being preceded by such requisites as are indispensable in such
cases; yet, as it may be that you have received instructions for your guidance in such
cases, which may have been issued in pursuance of an arrangement between the Government
of the United States and that of the country which I have the honor to represent, I
abstain for the present from making any complaint against the parties who committed
this act, simply requesting you, if there is nothing to prevent, to be pleased to inform


58

me in regard to this occurrence, principally as to the causes which may have existed
for the introduction of United States forces into the port of Piedras Negras.

Being convinced of the desire which you have ever entertained for the preservation
of peace and the maintenance of friendly relations with the Mexican authorities of the
border, I trust that the disagreeable occurrences to which I refer in this note are not to
be attributed to causes calculated to disturb the aforementioned peace and friendly
relations, and that, whatever may have been the causes which gave rise to these occurrences,
they will that prevent a peaceful settlement, and one that shall be satisfactory
to both countries, from being reached, when they are brought to the knowledge of
our respective governments.

Be pleased, general, to accept the assurance of my highest consideration and most
distinguished esteem.

Independence and liberty.
M. M. MORALES.
General E. O. C. ORD,
Military Commandant of the Department of Texas, present.
A copy.
CAYETANO ROMERO,
Second Secretary.
WASHINGTON, April 28, 1877.

[Inclosure 2 in No. 33.—Translation.]
General Ord to Señor Morales.

HEADQUARTERS DEPARTMENT OF TEXAS,

ESTEEMED SIR:

Your favor of the 9th instant has been received, and I take great
pleasure in communicating to you the particulars which I have received by telegraph
in respect to the matter to which you refer in your letter. The official report has not
yet been received.

On the 1st or 2d instant, I received information from Fort Clark that the commandant
of the district had learned that two of the guides employed by him to follow
trails and to accompany a party of troops had found the trail of a band of Indians who
had shortly before crossed over into Mexico with a drove of cattle which had been
stolen on this side of the river, and that said guides had been arrested by the local
authorities of Piedras Negras, and their lives threatened. I telegraphed to Col. S. H.
Taylor, the adjutant-general of the department, who was at Fort Clark, to go immediately
and acquaint the authorities with the facts and state to them the object of the
expedition, informing them that the guides who had been arrested had acted in accordance
with the permission obtained by the present authorities from the district of Mexico,
and by authority from Washington, and that any injury done to said guides for
their services to the United States forces would be considered as a protection to the hostile
Indians who make it their business to steal from citizens of the United States and
to devastate their lands.

I also instructed him to demand the immediate release of said guides, and in case said
authorities should refuse to release them and the guides should declare that they were
American citizens and were in danger of being shot for having aided the United States,
to make use of all the force at his disposal to secure their liberty. Fearing that the lives
of these men were at the mercy of irresponsible persons, or that, in consequence of the
bitter feeling caused by the civil war prevailing in Coahuila, they would be summarily
shot, I telegraphed to the officer in command of Fort Duncan inquiring concerning the
situation of the two guides, to which he replied that they were under arrest and considered
as traitors, and that they would probably be tried by incompetent authorities and
shot. Fearing that these men would be murdered, and there being no time to investigate
the question of their citizenship or to address the superior authorities, I ordered
the commanding officer to go that very night to see the alcalde and state to him what
I had telegraphed to Colonel Taylor, and to demand the immediate release of the men.

Having obeyed the order, he reported that the guides were imprisoned by order
of the alcalde, who asserted that they had been arrested in pursuance of instructions
received from the government, and that he refused to release them, and that his orders
were to arrest any person who should act as guide to the troops of the United
States in Mexico.

In accordance with the instructions aforementioned, the troops crossed the next
night for the purpose of rescuing the guides by force, but, finding that they had been
taken to some other place, returned without firing a shot. The best relations having
previously existed between the military authorities of the Mexican frontier and those


59

of this side, and our officers having furnished guides to the Mexican troops to enable
them to arrest refugees and offenders against the laws of Mexico on this side of the
Rio Grande, the unusual course pursued by the local authorities of Coahuila surprises
me, both for reasons already stated and because it must be supposed that the central
government is responsible for their acts; and as these authorities have openly expressed
a determination to defend and protect the hostile Indians from the consequences of
their incursions into the United States, and of their depredations committed against
the property of American citizens by means of their government, a just claim against
Mexico for indemnity for all the acts committed by the Indians while under the protection
of its agents—— (No verb expressed.)

I avail myself of this occasion to offer you, sir, the assurance of my highest consideration
and most distinguished esteem.
E. O. C. ORD,
Brigadier-General and Military Commandant of the Department of Texas.
M. M. MORALES, Esq.,
Consul of Mexico, Present.
A copy.
CAYETANO ROMERO,
Second Secretary.
WASHINGTON, April 28, 1877.

No. 34.
Mr. Evarts to Señor Mariscal.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your note of the
28th ultimo, with inclosures, in relation to the proceeding of General
Ord in regard to the case of the two men who acted as guides to the
United States troops in pursuit of wild Indians, and who were arrested
by the Mexican authorities of Piedras Negras, and in reply to state
that inquiry will be made into the subject.

Accept, sir, a renewed assurance of my high consideration.
WM. M. EVARTS.

No. 35.
Memorandum left with Mr. Evarts by Señor Mariscal June 7, 1877.

Mr. Mariscal said that, in order to explain the painful surprise with
which he had seen the instructions given to General Sherman for the
use of the Army across the Rio Grande, he would briefly refer to some
facts connected with the history of the so-called Mexican depredations
in Texas.

In the year 1872, the Government of Mexico sent to the border an
investigating commission, who invited the parties on both sides to give
their testimony on the alleged outrages. This was in consequence of
an American commission appointed by the Executive having reported
in favor of enormous claims.

The Mexican commission worked most conscientiously and proved
that such claims were exaggerated to an amount really absurd. They
also showed, among other things, that the robberies committed about
the frontier were mutual from one country to the other, and that those
occurring in Texas were generally perpetrated either by American Indians
or by men of doubtful nationality, and when by Mexicans, it was


60

because there were among the Texans organizers and promoters of
those raids. He (Mr. Mariscal) sent officially a book in English with
the reports of that commission, and called to its contents the attention
of Secretary Fish.

A new American commission was sent to the frontier, who acknowledged
the monstrosity of the claims advocated by the former. Then
a bill was introduced in the House of Representatives proposing to
authorize the Executive for the use of the Army on the border precisely
in the same manner now decided upon.

In spite of the efforts of influential parties, and particularly by the
Hon. Mr. Schleicher, who wrote an elaborate report, as the chairman of a
special committee, the bill did not pass, because, as was shown in the
debate, such policy was considered detrimental to the rights of a neighboring
nation with whom the United States was at peace. The House
simply authorized the Executive to organize some cavalry troops for
the custody of the frontier. These troops, as Mr. Mariscal understands,
were placed in the region designated, and either their presence, or some
other causes which he is not prepared to specify, have produced considerable
diminution of the alleged depredations. This is a fact recognized
by the very organ of the bordermen, (The Ranchero,) a newspaper
published in Brownsville.

In the mean time, and when very little was heard of cattle robberies
near the Rio Grande, General Ord dispatched recently some troops to
the Mexican town of Piedras Negras, not in pursuit of robbers, but to
compel the authorities there to surrender two men—two Mexicans—
who were in jail preparatory to their trial. The reason alleged for this
high-handed act seems to be that the two men had served as scouts to
American troops for the pursuit in Mexico of some Indians, and the
`general wanted to save them from the punishment which they incurred
by violating the laws of their country. Mr. Mariscal has complained,
in a note to Mr. Evarts, of this unexpected outrage to Mexico, and the
Department of State offered him to make an inquiry of the facts.

In view of all these antecedents, he cannot but feel surprised that
now the policy has been adopted, proposed unsuccessfully last year by
the Hon. Mr. Schleicher, of openly threatening Mexico with the invasion
of her territory, and that such adoption takes place when the depredations
have diminished, and no recent and considerable ones can be
alleged. He is equally surprised that, in the instructions alluded to,
the discretion is expressly trusted of General Ord, who has recently
made himself responsible for the most unjustifiable invasion in Mexico.

Without the least reflection to persons who, like the Hon. Mr.
Schleicher, may promote in good faith the policy now adopted, he had
to remember a fact characteristic of the intrigues set up for the agitation
of questions in regard to the frontier and against Mexico.

In 1875, during certain excitement in Texas on account of a raid of
bandits, it was telegraphed from Washington that he (Mr. Mariscal) had
affirmed in a dispatch to the Secretary of State that the depredations
committed in that region were due to ex-Confederate soldiers. That
telegram gave occasion to a public meeting in Brownsville, condemning
Mr. Mariscal's supposed conduct, and casting odium against Mexico or
its representative.

Mr. Fish knew that Mr. Mariscal never made any similar statement,
either in writing or verbally, and reproved those intrigues in which
some Federal officials were concerned who took a prominent part in
the meeting.

Intrigues will always be used to create difficulties with Mexico on


61

account of the frontier, and he is very sorry that this time they seem to
have prevailed upon the sound judgment and sense of justice of the
American Government.

In conclusion, he considers it now his painful duty to protest, and he
does most respectfully and earnestly protest against all invasions of
the Mexican territory under any circumstances whatever. He confidentially
announces that the Government of Mexico will never consent or
overlook them. Its sense of duty, and public opinion, unanimous on
this point, will always cause it to remonstrate against the determination
to carry them into effect, and if, unfortunately, they should be insisted
upon, to adopt such measures as the dignity of the nation may demand.

IGNO. MARISCAL.

No. 36.
Señor de Cuellar to Mr. Evarts.
[Translation.]

MEXICAN LEGATION IN THE UNITED STATES,

Mr. SECRETARY:

In pursuance of instructions received from my government,
I have the honor herewith to transmit to you a copy of a note
addressed to me by the minister of foreign relations of the Mexican republic,
under date of the 18th of August last. I will thank you to acknowledge
its receipt.

I renew to you, Mr. Secretary, with this motive, the assurances of my
very high consideration.
JOSÉ T. DE CUELLAR.
Hon. WILLIAM M. EVARTS, &c.

[Inclosure in No. 36.—Translation.]
Señor Vallarta to Señor de Cuellar.

MEXICAN REPUBLIC—MINISTRY OF FOREIGN RELATIONS.
SECTION OF AMERICA, NO 112—OFFENSES AGAINST MEXICO.

For some years past the invasions of United States forces have been succeeding
each other, constantly assuming a graver character. Meanwhile, the protests and complaints
made by Mexico against these acts, which she has always considered as a violation
of her territorial rights, have not been sufficient to prevent them.

In May, 1873, Colonel McKenzie entered Mexican territory, where he attacked the
Kickapoo Indians, killing some, capturing others, and dispersing the rest. The government
considered this invasion as an infraction of international stipulations, and
instructed its minister at Washington to complain, with a view to obtaining satisfactory
explanations with regard to that act, and a promise that similar acts should not
be repeated in future.

The minister, in obedience to these instructions, addressed to the Department of
State his note of January 14, 1874, setting forth the rights of Mexico and asking due
reparation. The Secretary of State acknowledged the receipt of this note on the 5th
of February following, saying that the War Department had been asked for information,
in order that a sufficiently full reply might be sent.

At the beginning of the year 1874, Governor Coke, of Texas, issued an order to Captain
Benavides to pursue cattle-thieves with his company as far as possible, "both on
this side of the river and on the other." The invasion of Mexican territory which was
thus ordered very properly attracted the attention of the Department of State, seeing
that "that order does not respect the national boundary-line of the Rio Grande,
but gives authority to cross it and enter Mexico in pursuit of cattle-thieves," and the
honorable Mr. Fish requested the Attorney-General of the United States to address


62

that governor, as he did on the 23d of July, 1874, asking him for a report of his conduct,
"that it may be considered," says the Attorney-General to Mr. Coke, "to
what extent you have rendered yourself accountable, according to the laws of the
United States, for the order which has been given to invade Mexican territory." At
the same time the governor's attention was called to article 6 of the law of April 20,
1818, in view of which the Department of State had addressed the Attorney-General.

Governor Coke, in justification of his conduct, enters into various considerations,
which, in his opinion, sustain his order. The most remarkable ground alleged in
defense of this order is thus stated by the governor: "This necessity (that American
troops should invade Mexican territory in pursuit of cattle-thieves) has been twice
recognized and acted upon * * * * by a brave and skillful officer of the United
States Army. * * * * I refer to General McKenzie, who, with his troops, pursued
bands of cattle-thieves, crossing the boundary-line, and, on one of these occasions, it
is believed that he inflicted condign punishment upon them on Mexican soil. Not a
word of disapprobation has ever been heard here from the government at Washington
on account of the action of that distinguished officer, while the press and the people of
this country have applauded it highly." From that precedent, which is condemned by
international law, he deduces the following still more illegal inference: "If the troops
of the United States have a right to cross the frontier and to continue the pursuit of
cattle-thieves on Mexican soil, of which there is no doubt, the troops of the State of
Texas, which are doing the duty of those of the United States, and which are doing
it because there are no United States troops there (on the frontier) to do it, have the
same right."

Although the Attorney-General referred to article 6 of the law of April 20, 1818,
which renders punishable as a grave crime the "procuring or preparing of any military
expedition or enterprise on American soil against the territory or dominion of
any foreign prince, state, colony, district, or people, with whom the United States are
at peace;" nevertheless this ministry is not aware that any action was taken by the
Attorney-General against the offending governor; it is not aware that a single word
of disapproval has been uttered by the Washington Government against this violation
of the law of nations and that of the United States; still more, it is in evidence that
orders similar to that of Governor Coke have emanated from Texas to invade the
national territory. The silence, the acquiescence of the Government of the United
States, after receiving the report of Governor Coke, on seeing the invasion of General
McKenzie referred to as a legal precedent, gave, as early as 1874, a much graver character
to the invasions of Mexico.

In November, 1875, Captain McNally, in the service of Texas, who had received
orders similar to those issued by Governor Coke, commanded another invasion, in which
Captain Randlett, of the United States Army, also took part. While this was going on,
General Potter notified the military commandant at Matamoras that some cattle had
been stolen on the American side, and that the thieves had crossed the river with the
animals; that an officer of the United States Army had notified the Mexican authorities
that if the cattle were not returned and the thieves surrendered, he would cross
over into Mexican territory.

As soon as General Fuero was informed of these occurrences he sent a telegram, on the
19th of the same month of November, to General Potter, saying that the law of nations
and existing treaties had provided the legal means which must precede a resort to violence
in case of any difficulty between the two republics, and that this invasion of Mexican
soil was therefore unjustifiable before the civilized world. He requested him to order
the immediate return of the American forces from the national territory, and notified him
that if, unhappily, he should fail to do this, he would be under the painful necessity in
order to protect the honor of Mexico, not only of protesting energetically against the
proceeding, in the name of his government, but also of repelling force by force. General
Potter, doing justice to that demand, apologized for the violation of Mexican territory,
saying that it had been done in disobedience of his orders, but that the troops had
already left the soil of Mexico, having done so on the evening of that day (the 19th)
at 6 o'clock. General Potter admitted that this act was a violation of the laws to
which General Fuero alluded; he repeated, however, that it was because the officers of
the United States troops had disobeyed the orders given them; nevertheless the Mexican
Government is not aware that that of the United States has punished that violation
of the national territory or the insubordination of the officers to whom General
Potter referred. The protest of General Fuero was not the only means used by Mexico
on that occasion to cause her rights to be recognized. On the 22d of December, 1875,
her minister plenipotentiary at Washington addressed a note to the Department of
State, calling its attention to these occurrences, particularly to the fact revealed by
General Potter, that the insubordination of the American officers was the cause of the
last invasion. The minister pointed out the necessity of the adoption of more efficient
measures for the prevention of military expeditions to the soil of Mexico, on the impropriety
and serious dangers of which, to the harmony prevailing between the two nations,
he did not need to dwell. This note received no reply from the Department of


63

State, although the act which gave rise to it renders still more grave the offense toward
Mexico.

After this came another invasion, which, in view of the special circumstances attending
it, was still more offensive than its predecessors; I refer to that of Colonel Shafter
in April last, at Piedras Negras. This officer did not come in pursuit of savages or
cattle-thieves, nor did he come to demand the return of property stolen from American
citizens, which had been the pretexts for the previous invasions. He came solely for
the purpose of rescuing from the Mexican authorities two Mexican delinquents, who
had committed an offense on Mexican soil, and who were on trial for that offense.

As soon as this ministry became aware of these facts, it instructed the Mexican
plenipotentiary at Washington to present a reclamation, asking that the guilty parties
might be punished, and that the necessary guarantees might be given for the future.
Our representative consequently addressed a note to the Department of State on the
28th of April last, denying, in the first place, that the American officer who had invaded
Mexico had received any permission from the local authorities to enter Mexican territory,
which permission was appealed to as a pretext to justify the invasion. In the
same note it was said that even if such permission had been given, it would never
sanction the outrages done to the republic at Piedras Negras, in endeavoring forcibly
to rescue two Mexicans, charged with a crime, from the hands of the Mexican authorities;
it was stated that not only was this a violation of the territory of the republic,
but a direct insult to the authorities; finally the punishment of the guilty parties was
demanded and the adoption of the necessary measures to prevent the repetition of similar
acts. On the 1st of May the Department of State acknowledged the receipt of
this note and said that it would ask for information as to what had occurred. The
Government of the United States has made no reply to any one of all these reclamations.

One circumstance, remarkable on more than one account, is to be considered in this
last invasion. J. H. Taylor, adjutant-general of the Department of Texas, addressed a
note to the governor of Coahuila, in which he inclosed a telegram from the brigadier-general-in-chief
of the United States troops in Texas, in which telegram it is said that
the injuries done to the arrested Mexicans, who served as guides to the American
troops in the pursuit of the Indians, which pursuit took place with the consent of the
de facto commander of the Mexican troops in the district, could only be considered as a
declaration of a desire on the part of the then governor to co-operate with the savages
in their depredations on American territory, and that he would so state to the President.

The governor replied to this strange notification, saying that he thought it improper
for him to enter into explanations concerning his conduct with a foreign officer with respect
to an act (the arrest of the two Mexicans) for which he was authorized by the laws
of the republic, either on account of the territory in which it was executed, or on account
of the persons responsibly for it; that only out of courtesy, and in defense of
the dignity of Mexico, he confined himself to saying that no permission had been given
for the invasion of Lieutenant-Colonel Shafter, and that the arrest in question was
made for acts which must be tried by the courts of the republic alone. He added that
it was required by his dignity and for his justification that he should energetically repel
the insulting assertion that the government of Coahuila encouraged the savages
to invade American territory, whereas the Mexican authorities had at all times endeavored,
with solicitous zeal, and at the cost of heavy sacrifices, to pursue the savages
as enemies of mankind.

It is readily seen that the attempt was made, by means of that notification, to seek
a pretext to justify the invasion. That object, however, was not realized. Unfounded
as is the statement that any of the authorities ever granted permission to do what was
done at Piedras Negras, these acts cannot be justified in any way, and the charge made
against the governor of Coahuila being an unjust one, neither could he, even if it were
true, have authorized the proceeding of Lieutenant-Colonel Shafter. Without demonstrating
that international law does not permit the invasion of a foreign territory,
even under pretext of punishing a delinquent who has taken refuge there, it will be
sufficient to make this assertion; and, in order to sustain that even an infraction of
any article of the treaties does not authorize any aggressive act between the two republics,
it will be sufficient to copy the words of article 34, stipulations 2 and 3 of the
treaty of April 5, 1831. They are as follows:

  • "2d. If one or more citizens of either of the parties shall infringe any article of this
    treaty, he shall be personally responsible therefor; but the harmony and good understanding
    shall not, for that reason, be interrupted between the two nations; to which
    end both parties pledge themselves not to protect the aggressor, nor to sanction such
    an infraction.
  • "3d. If any of the articles of this treaty should, unhappily, be violated or infringed
    in any way, it is hereby stipulated that neither of the contracting parties shall order
    or authorize reprisals of any kind, or declare war against the other on account of complaint
    of injury or damage, until the party considering itself aggrieved shall have presented

    64

    to the other a report of the injuries or damages, accompanied by due proof, and
    shall have asked that justice be done in the matter and satisfaction given, and until
    this shall have been denied or unreasonably delayed."

As the assertion has been frequently made, in justification of the invasions of Texas,
that our citizens and the local authorities on the frontier protect the cattle thieves and
Indians, let it be allowed once for all to protest against this assertion, quoting those
words of the treaty to show the right which Mexico has to oppose invasions which are
based on such grounds.

On the 23d of May last the minister plenipotentiary of the United States had a conference
with the present secretary of foreign relations, the principal object of which
was to discuss the last invasion. That plenipotentiary then said that he had received
instructions from his government to deliver to that of Mexico a copy of the telegram
of April 3, signed by General Ord, (the same that Adjutant-General Taylor transcribed
to the governor of Coahuila,) presenting that document as a justification of the conduct
of Lieutenant-Colonel Shatter. The undersigned secretary said in reply, that he
already had knowledge of that document, and that it could in no wise justify the invasion
of Piedras Negras, giving, at the same time, the reasons above indicated. He
added that said telegram, together with other documents relative to the matter, had
already been sent to the Mexican legation at Washington, and that he had been
ordered to insist upon the reclamation which he had been instructed to present from
which reclamation the Mexican Government expected the satisfaction which was justly
its due. Before any was given, the order of the War Department of the United States,
bearing date of the 1st of June last, was published in the newspapers of that republic.
This was addressed to General Sherman, and directed him to give instructions to General
Ord to act according to his own discretion in the case referred to, in the pursuit
of bands of thieves, and to authorize him to enter the territory of Mexico, to apprehend
and punish them, and "to recover the property of our citizens," says the order,
"which he may find in possession of Mexicans on the other side of the river." To
that order the Mexican Government replied by one of the 18th of the same June,
issued by the ministry of war, and addressed to General Treviño. The honor of the
republic imperiously demanded what was therein contained, because the instructions
given to General Ord are offensive to Mexico and in contravention of the international
pledges between the two republics.

During the past month of June the same minister plenipotentiary of the United
States had various other conferences with the secretary of foreign relations, in which
reference was made to the difficulties on the frontier, and particularly to the order
communicated to General Sherman. The plenipotentiary sought to justify the instructions
addressed to General Ord, on account of the charges made against Mexico, to the
effect that she was powerless, or had no disposition to pursue the thieves. The undersigned
minister, from a sense of duty, and inspired by the most profound conviction,
answered those charges; he showed those instructions to be contrary to international
law and to the treaties in force between the two nations, and sustained the policy of
the Mexican Government. The substance of the discussions held in those conferences
in regard to this matter is given in the memoranda and notes which have already been
published.

Among the reasons with which the present secretary of state defended Mexico, there
is one which must not be overlooked. For the special purpose of settling the frontier
difficulties, to demonstrate with facts that the present government has the will and
the power to effect that settlement, it sent a plenipotentiary to Washington with powers
ad hoc and the necessary instructions, whose principal mission is to propose the
measures which, in the judgment of the Mexican Government, are necessary to settle
those difficulties practically and satisfactorily, and to take care of the frontiers in a
special manner until the two governments may be able to agree upon the most fitting,
radical, and permanent measures to reach that settlement; it re-enforced the troops
which it already had in that section, sending, in addition to this, an officer of a high
grade in the army to make a practical examination of the military question on the
frontier, that it might avail itself of his reports in the settlement of said difficulties.

But when the Mexican Government hoped, in view of this fact, which triumphantly
answers the charges against Mexico, that the motives or pretexts to continue invading
the national territory would entirely cease, it has been pained to see that, toward
the close of June last, the same Lieutenant-Colonel Shafter again violated the territory,
repeating the offensive acts, and, in spite of the protests which the republic has
so long been making, and although the government has ordered a new protest to be
made for this new offense, as none of those hitherto made has been sufficient to secure
the rights of the republic, it has deemed it to be its imperative duty to consider this
most serious question, not referring it simply to isolated facts, but examining it in all
its transcendency and looking at it in its entirety, in order thus to present it to the
consideration of the Washington Cabinet.

Many and of various kinds are the reasons which have been alleged by the United
States for invading the territory of Mexico. The supposed powerlessness of Mexico to


65

fulfill the stipulations of the treaties; the right which is claimed by the United States
to make amends for that powerlessness; the unfounded accusation of connivance on
the part of the citizens of Mexico and the local authorities of the frontier with the
thieves and the Indians; the protestations that the invasions are not hostile to Mexico,
inasmuch as their object is only to punish criminals, and other pretexts of less importance,
although more offensive to Mexico, like those invoked by Governor Coke, have
at various times been presented as grounds for the invasions which Mexico has suffered.
Can these alleged motives serve as a reason for them in the light of international law
and of the treaties now in force? This is not the first time that the United States have
claimed to assume the right to invade Mexico, alleging the powerlessness of the republic
to fulfill its international duties. Even before the treaty of 1848 was concluded,
and when article 33 of that of 1831 was in force, it was alleged that that article rendered
it obligatory upon each of the two countries to prevent by force any hostile incursions
of Indians into the territory of the one from that of the other, and that, if
Mexico could not fulfill that stipulation, the United States had a right to invade Mexican
territory in pursuit of Indians.

Although that article was afterward abrogated, and the eleventh article of the
treaty of Guadalupe Hidalgo made it the duty of the United States only to prevent
the invasions of Indians on both frontiers, and although, finally, the second article of
the treaty of December 30, 1853, abrogated those two articles, the same arguments are
still used against Mexico, as if the legal foundation on which it is pretended to have
them were still in force. In the order of June 1, issued by the Department of State,
are these words: * * * * "In like manner he will inform said authorities (those
of the frontier) that if the Government of Mexico continues to neglect its duty to prevent
these outrages (the incursions of cattle-thieves) this government will assume the
performance of that duty, and, if circumstances render it necessary, will send our
forces across the Mexican frontier."

The grounds of these arguments are entirely false. Article 33 of the treaty of 1831,
although it made it the duty of Mexico to repress Indian incursions, never gave the
United States the right to invade Mexican territory in case that duty should be
neglected. On the contrary, the context of the treaty shows that both nations absolutely
reserved their territorial rights without compromising them in any manner whatever.
That instrument, moreover, contains explicit clauses providing that neither the
neglect of that duty, nor the failure to fulfill any stipulation, shall ever authorize
aggressive or hostile acts between the two countries. Article 34, stipulation 3, of the
same treaty, which provides that the infraction or violation of one of its articles shall
authorize no reprisals and no aggressive act on the part of the other nation, but that
it obliges the offended nation to present a statement of the injuries or damages which
it has suffered, in order to ask corresponding satisfaction of the offender, without being
at liberty to resort to hostile or aggressive acts, save when such satisfaction is not
given, is the most convincing proof that the United States have not had the right
which they claim. And if this observation is unanswerable, referring to the time
when the aforesaid article 33 was in force, when it is applied either to the time when
the right was on the side of Mexico, and the duty on that of the United States, or to
the present circumstances, under which the aforesaid article is expressly abrogated,
the same observation acquires a degree of evidence which is really incontrovertible.
If it be considered, moreover, that article 21 of the treaty of February 22, 1848, corroborating
the precept of the thirty-fourth article, stipulation 3, of that of 1831, expressly
prohibits that, in case of difference or disagreement between the two governments,
"recourse shall be had to reprisals, aggressions, or hostilities of any kind," until
they have exhausted the peaceful and reasonable means spoken of, it will be clearly
seen that what the United States have invoked as a right, taking upon themselves the
duty which, in their judgment, Mexico cannot perform, is in reality but an evident
violation of the treaties.

That so-called right, when viewed in the light of international law, appears no less
groundless. The sovereignty of nations is incompatible with the arbitrary invasion of
their territory by another power, and to admit the right which the United States pretend
to have would be equivalent to acknowledging that every nation had the same right
to invade the territory of its neighbor, without taking any trouble save to claim the necessity
of so doing, and of pretending that the neighboring nation could not or would
not fulfill its international duties. Such a right would become a constant menace to
the sovereignty and independence of nations; it would be a denial of all the rules
of justice which govern civilized nations. As soon as that right should be recognized,
the independence of nations would be at the mercy of the caprice or audacity of the
strongest.

Neither is the basis a true one on which the theory is founded which it has been
sought to apply to Mexico, viz, its powerlessness to repress the incursions of thieves
and Indians. A great deal might be said on this subject, consulting from their origin
the history of the bloody Indian wars, assigning to them their historical cause, and
narrating how, even under the compromise of article 11 of the Treaty of Guadalupe,

H. Ex. Doc. 13—5


66

on account of the neglect of the American frontier, those Indians penetrated as far as
the central states of the republic, which found it necessary to use its troops to repulse
and drive them from its soil; recounting, finally, how during the war for secession
the United States not only abandoned their frontier, but even the reservations of the
Indians. All this would go to show that the United States have no ground for the
charges which they prefer against Mexico; but, besides lengthening this note too much,
this would seem to imply a desire on our part to enter into recriminations, whereas,
seeking a settlement satisfactory to both nations, the Mexican Government is especially
anxious to avoid anything of that kind. To show that Mexico has not been powerless
in Indian warfare, it is sufficient to refer to the innumerable campaigns which she has
carried on against them, and her constant persecution of those enemies of civilization;
and not to speak of past times and occurrences, and only to show that she now has the
power and the will to repress the incursions of Indians or cattle-thieves, two facts
speak louder than any words, viz, the establishment of sufficient forces on the frontier to
take care of it as it is possible under present circumstances, and the sending of a minister
to Washington to propose suitable measures for the settlement of the pending
difficulties.

It has been asserted on various occasions that the citizens of Mexico encourage and
favor the crimes committed on the frontier, thus becoming the accomplices of the
thieves and Indians; it has also been stated that the local Mexican authorities share
in their complicity; and in these assertions, so insulting to the republic, a pretense has
been made of finding justification for the invasions of Mexican territory which have
taken place. There is still less ground for this reason than for those previously mentioned.
Article 34, stipulation 2, of the treaty of 1831, copied in another part of this
note, shows that these invasions are not lawful under such a pretext. And the entire
extradition treaty of December 11, 1861, from its first to its last word, is the most complete
demonstration that neither of the nations has consented to relinquish its territorial
rights by permitting its territory to be invaded in the pursuit of marauders and
for the recovery of stolen property; the invasions made upon this ground are shown to
be unjustifiable according to the treaties, and it is unnecessary to demonstrate that
they are likewise condemned by the law of nations.

The protestations which have repeatedly been made by American officers, to the effect
that entrance into the territory of Mexico in order to pursue and punish criminals
implies no hostility to the republic, satisfies neither the honor nor the rights of the
latter. The act of invasion constitutes in itself an offense which aggravates the circumstance
of exercising jurisdiction on a foreign soil against the will of its sovereign,
and no manifestations of friendship are sufficient to change these facts, by representing
them as lawful according to international law. These invasions, when forcible,
are condemned by the law of nations, and Mexico can regard them but as offenses,
however much it is protested that they are not so.

Moreover, the republic has suffered invasions, like that of April last, when the object
was not to pursue, but to protect criminals, so that, as to such, not even these protestations
are possible.

The foregoing cursory remarks as to the motives invoked by the United States to
invade the territory of Mexico are sufficient to show the justice which is on the side of
Mexico in opposing such invasions, and in regarding them as offenses. These remarks
might be greatly lengthened with a view to increasing the force of the reasoning on
which they are based, and of upholding the authority of the international principles
which sustain that reasoning; that task, however, becomes useless from the moment
when the United States Government accepts those principles, and supposing the views
of both governments to be in harmony as regards them, all that could be said on this
subject would be superfluous.

On the 7th of July last the minister of the United States, in pursuance of instructions
from his government, presented a reclamation against Mexico, the ground of which
was that the territory of the United States had been invaded by a Mexican force
which had crossed the frontier in pursuit of a party under command of Pedro Valdez.

According to instructions received from the Department of State, that minister left
at this department a copy of the note of the honorable Secretary of State to Mr. Foster,
of the 21st of June previous, in which it is ordered that said reclamation be made.
Mr. Evarts says, in the aforementioned note, that the entrance of Mexican troops into
the territory of the United States is a violation of that territory, of which complaint
must be made without loss of time; adding, "although it is not probable that that invasion
was made by order of the Mexican Government, it is nevertheless a grave violation
of international law, which should not be tolerated for a single moment," and
concluding by instructing the minister to inform the Government of Mexico that "that
of the United States confidently hopes that this act will be disavowed, reparation made
for its consequences, and its perpetrators punished."

The present secretary of foreign relations, as soon as he had knowledge of the contents
of these documents, replied, on the 9th of the same mouth, that "The Mexican
Government, far from having given orders for the invasion of the territory of the


67

United States, had expressly prohibited it, as might be seen by his dispatch of June
18 to General Trevino; that knowing that international law prohibits the entrance
of troops into foreign territory without the consent of its sovereign, and inasmuch as
he had proclaimed and sustained this principle when Mexico was concerned, he could
not ignore it when invoked by the Department of State;" and he added still more
explicitly, that "the government accepts, recognizes, and will cause to be upheld, so far
as it is concerned, the principles invoked by the Hon. Mr. Evarts in his dispatch, and
it will conform its conduct thereto, regarding the passage of troops to foreign territory
as an unjustifiable invasion, and as one which is condemned by international
law." He therefore promised to have the parties who were responsible for the invasion
brought to trial, and to make all due reparation.

After these solemn declarations, made by the two governments, and in view of that
conformity of opinions concerning the principles which govern the matter which is
the subject of this note, it would be useless to undertake to demonstrate that the crossing
of troops to a foreign country, without permission from its government, whatever
may be the pretext invoked, is a grave and unjustifiable violation of international
law, as Mr. Evarts says. And it would be necessary for sovereign nations not to be
equal according to international law if the United States could even assert that the
precepts of that law which they claim for themselves were not applicable to Mexico.

But Mexico, out of regard to her own dignity, will never consent to that, and the
United States, out of regard to their own reputation for justice, will never claim it.

The explicit declarations of honorable Secretary Evarts with regard to those principles
of international law leave no room for the pretexts under which the territory of
Mexico has hitherto been invaded. Those principles having been once recognized and
accepted by both governments, they must act in accordance with them, without appeal,
if they are to observe a course of conduct contrary to motives which are, all things
considered, but a denial of the aforesaid principles, and as Mexico has not hesitated
for a moment to reprimand the perpetrators of an invasion of United States territory,
having them brought to trial, and offering due reparation therefor, it cannot and should
not be doubted that the United States will act in the same manner, in accordance with
the principles laid down by Mr. Evarts.

When, in the same conference of July 7, the United States minister also left at this
department a copy of the dispatch from the War Department, dated June 13, with its
inclosures, from which documents it appears that the President of the United States
restricted General Ord's discretionary power to invade Mexico, authorizing him to cross
the frontier in grave cases only, the minister of foreign relations stated, in the conference
of the 9th, to the representative of the neighboring republic, that the Mexican
Government considered that restriction as a recognition of the rights of Mexico, but,
he added, "important as it is, it is not sufficient to leave the autonomy of the republic
intact, since the invasion of the territory of a friendly nation by foreign troops without
the consent of its sovereign is always a violation of international law * * * *
that in the instructions lately communicated to General Ord, notwithstanding their
limitations, the order to invade Mexico in 'grave cases' is still maintained, and the
government of the republic thinks that exception is not authorized by the law of
nations, and it therefore trusts, in view of the sense of justice of the United States,
that the orders given to invade the republic will be entirely withdrawn."

The government must insist upon this, because even after the limitation of General
Ord's instructions the last invasion of Lieutenant-Colonel Shafter took place, and because
it is not aware that those instructions have been modified in such a manner as not
to be offensive to the republic. The government presumes that the last invasion, which
took place on the 29th of June, and was therefore subsequent to the dispatch sent by
Mr. Evarts to Mr. Foster on the 21st of that month, was made without the consent of
the Washington Cabinet, because otherwise the contradiction between the principles
proclaimed in that dispatch by the honorable Secretary of State and the conduct of
Lieutenant-Colonel Shafter would be inexplicable. And if the failure of the Washington
Cabinet to reprove the conduct of General McKenzie in 1873 constituted, in the
opinion of Governor Coke, a legal precedent which authorized the invasions of Mexico,
the upholding of those instructions would be a menace to its sovereignty, and a denial
of the principles of international law professed by the Department of State. The efforts
of the government of the republic are designed to avoid this danger and the serious
consequences which it might involve.

This government is performing a high duty in seeking, in the most sincere and earnest
manner, to allay the differences which present themselves, and to preserve the state
of peace and friendship which now exists between the two countries, using for this
purpose peaceful representations and negotiations, and this with the greater reason, inasmuch
as the Government of the United States has made a solemn profession of the
principles which Mexico has been upolding in defense of her sovereignty, and in virtue
of which she asks reparation for the offenses of which she complains. The Mexican
Government appeals to the sentiments of justice of the Government and people of the
United States, hoping that the rights of the republic will be recognized and respected.


68

Bring the contents of this note to the knowledge of the honorable Secretary of State
sending him a copy of it, and communicating to this department the reply which shall
be received.

Accept the assurances of my attentive consideration.
VALLARTA.
To the Citizen CHARGÉ D'AFFAIRES
Ad interim of Mexico in the United States of America, Washington.

No. 37.
Mr. Seward to Señor de Cuellar.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your note of the
7th instant, accompanied by a communication from Mr. Vallarta, of
Mexico.

In reply, I have to state that, although official relations have not yet
been established with the authority represented by Mr. Vallarta, I take
pleasure in saying that the whole subject to which your communication
relates will receive due and careful consideration.

Be pleased to accept the assurance of my high consideration.
F. W. SEWARD,
Acting Secretary.
Señor DON JOSÉ T. DE CUELLAR, &c.

No. 38.
(Handed to Mr. Evarts by Señor Mata, October 6, 1877.)
Señor Vallarta to Señor Mata.
[Translation.]
MEXICAN REPUBLIC, MINISTRY OF FOREIGN RELATIONS, SECTION OF
AMERICA, NO. 126.
Extradition of assaulters of the jail of Rio Grande City.

I have read to the President of the republic your note, number 87,
dated the 23d of August last, in which reference is made to the interview
which you had with the Assistant Secretary of State in regard to
the assault on the jail of Rio Grande City.

The President has agreed to recommend that at the first opportunity
you will notify the Government of the United States that the Government
of Mexico has already given positive orders that all the offenders
implicated in that act, who are asked for by the American authorities,
shall be given up. You will inform the Secretary of State, in the clearest
and most explicit manner, that in ordering the surrender of said
offenders without being obligated to do so by treaties, when the giving
up of the Mexicans is solicited, it has only been done on account of the


69

exceptional circumstances of the case, and in order to give incontrovertible
proof of the firm and sincere wish which animates the present
administration to put an end to the troubles on the frontier; but that
this new surrender is not to serve as a foundation for the conduct of
Mexico in all the cases which may happen hereafter, nor to be cited as
a legal precedent, inasmuch as it has been an entirely voluntary act on
the part of the government of the republic, to which it has not been
obligated by treaties, but only moved to it by the considerations stated.

As in the note to which I am replying you signify that you entertain
a doubt as to the existence in Mexico of laws to try and punish crimes
committed in foreign territory, I deem it not amiss to refer you to articles
186 and 187 of the penal code, which treat of this matter.

I assure you of my particular esteem.
VALLARTA.
Citizen MINISTER PLENIPOTENTIARY OF MEXICO,
In the United States of America, Washington, D. C.

[Inclosure in No. 38.—Translation.]

ARTICLE 186.

Crimes committed in foreign territory by a Mexican against Mexicans, or against foreigners,
or by a foreigner against Mexicans, can be punished in the republic and in
conformity to its laws, if the following requisites concur:

  1. That the accused is in the republic, either because he has come voluntarily, or
    because his extradition has been obtained.
  2. That if the injured person should be a foreigner, there shall be complaint on the
    lawful side.
  3. That the offender shall not have been tried definitively in the country in which
    the crime was committed; or that, if he was, he has not been acquitted, amnestied, or
    pardoned.
  4. That the offense of which he is accused shall have the character of a crime in the
    country in which it was committed and in the republic.
  5. That conformably to the laws of these he shall deserve a more serious penalty
    than that of imprisonment.
ARTICLE 187.

In the case of the preceding article, if an offender tried in a foreign country should
make his escape, there shall be imposed on him in the republic the penalty which the
laws of the latter prescribe, allowing him always for what he may have suffered of the
penalty imposed on him in the foreign country.

CONSULAR.

No. 39.
Mr. Wilson to Mr. Hunter.
No. 274.]

CONSULATE OF THE UNITED STATES,

SIR:

Referring to my telegram to the department of the 6th of July
last, in which I requested that the military authorities at Fort Brown,
Texas, might be authorized to interfere to protect lives and property in
this city, in case Cortina, who was then menacing it with a considerable
force, should make an attack, and in consideration of which telegram I
presume that the United States gunboat Rio Bravo has remained moored


70

to the river-bank in front of this city since that time, I have now to
state that as the force of Cortina has been disbanded, and Cortina himself
is a prisoner under sentence of death, in the hands of the military
authorities of this frontier, the further presence of the Rio Bravo at this
place has perhaps ceased to be necessary.

As the expenses of that vessel are doubtless increased by being at a
foreign port, I have to respectfully suggest that the public interests do
not, in my opinion, require that the vessel should remain here longer,
and perhaps interferes with the more general object for which it was
sent to the Rio Grande, which I understand was to co-operate with the
United States military force stationed on the Texas border in suppressing
cattle-raids across the river.

I am, &c.,
THOMAS F. WILSON.

No. 40.
Mr. Schuchardt to Mr. Hunter.
No. 185.]

COMMERCIAL AGENCY OF THE UNITED STATES,

SIR:

I have the honor to state that this day (May 14) I have directed
to you the following telegram:

This place is held at present by the rebels, (Diaz,) who have shown ever since hostility
to our country by openly protecting Indians and thieves depredating on the Texas frontier.
I am informed that the rebel authorities will make a demand on the judge of the
twenty-fourth judicial district, holding to-day court at Eagle Pass, for the extradition, on
fictitious charges, of officials and others of the legitimate Government of Mexico, and at
present refugees on the Texas side. The judge of the twenty-fourth judicial district, today,
at Eagle Pass, on my explanations, stated that if these rebel authorities, which he
recognizes as representatives of the government de facto of Mexico, would make the demand
for extradition in due form, he was obliged, under the treaty, to extradite these men.
As the extradition of these men to the rebel authorities will result in their death, and
this section of the country will be in a few days in the possession of the legitimate
Government of Mexico, I respectfully request, in the name of justice and humanity, that
instructions be sent immediately to the judge of the twenty-fourth judicial district, now
at Eagle Pass, to suspend the extradition of Mexican citizens now in the United
States, demanded by the local rebel authorities at Piedras Negras.

Last week four Americans accused of various crimes committed in
Texas were arrested here, their arrest being caused by the Texas State
police, and their extradition to the United States under the treaty between
the United States and Mexico demanded by the judge of the twenty-fourth
judicial district of Texas, and to obtain the extradition of these
American criminals the Texas authorities made promises to the Mexican
authorities (Diaz) to gratify their wishes by turning over to them some
Mexicans now on the Texas side the Mexican authorities would designate
as criminals, if the demand was made in due form and the crimes
these men were accused of came under those expressed in the treaty of
extradition.

There are at present only Mexican citizens living as refugees in Eagle
Pass, Tex., who had taken up arms in defense of the legitimate government,
and to escape the continual persecutions by the Diaz officials
have sought refuge in the United States. The real criminals formerly
on the Texas side are all in the files of the Diaz party, at present in power
here, one of them being an alcalde at Zaragoza, who gives passports to
the Indians to raid in Texas, and another is a commandante who does the
raiding to Texas himself. These kind of men are the masters of the


71

situation at present, who try to fix false charges on men a great deal better
than they themselves for the purpose to get them in their power to
have revenge to their gusto.

One of these refugees now on the Texas side was gefe politico and
military commander of this district during the time it was held by the
Lerdo administration, and in his official capacity he always showed himself
in all respects friendly to the American people and their interest by
making efforts to stop the depredations by thieves, and to effect this
better he even allowed the American troops to pursue the Indians into
their dens on the Mexican side, whilst the present gefe politico of the
Diaz party protects these raids of thieves and Indians into Texas by
allowing his alcalde to give passports to the Indians, and never prosecutes
the thieves when they return with plunder from Texas, although
notified of the fact. Whilst the gefe politico of the Lerdo administration
consented to the crossing of the United States troops, the Diaz gefe politico's
first act was to arrest the Mexican guides who had served the
United States soldiers to find the dens of the murdering Indians in the
Mexican mountains, on the charge of being traitors to their country.

When I was informed of the intention of the Diaz authorities to demand
some of these refugees, adherents of President Lerdo, I went at
once to the Hon. Thomas Paschal, judge of the twenty-fourth judicial district
of Texas, to inform him of all the facts above stated in detail; but
he stated to me that he had to recognize the Diaz officials at Piedras
Negras as representatives of a de facto government, and was obliged to
comply with their demand for extradition of Mexican citizens, if the
papers were made out in due form and the crimes therein stated were
comprised in the treaty; that he had no right to question the veracity
of the charges made in the papers against the persons they would make
a demand for.

This determination of Judge Paschal made me apprehend great danger
for the lives of innocent men, and I thought it my duty to advise
you immediately by sending the above telegram.

I am, sir, &c.,
WM. SCHUCHARDT,
United States Commercial Agent.

No. 41.
Mr. Weber to Mr. Hunter.
No. 14.]

CONSULATE OF THE UNITED STATES,

SIR:

Respectfully referring to my last dispatch, No. 13, dated June
27, I have the honor to inform you that General Geronimo Trevino
yesterday returned to Monterey from his inspection tour of the Mexican
Rio Grande line, between Laredo and Piedras Negras.

During an interview I had with him this morning, he emphatically
expressed to me his feelings of vexation and disapprobation of the
course lately pursued by the editor of the Periodico Oficial, in writing
the editorial, No. 56, mentioned in my previous dispatch, offering me
at the same time, as a proof of his sincerity, to have the editor dismissed
at once.

General Trevino also manifested to me his great gratification about


72

the satisfactory meeting he had lately at Eagle-Pass, Texas, with General
Ord, and he assured me that he felt confident that all pending
border difficulties would be completely arranged amicably at an early
period. He also informed me confidentially of his determination to have
the remaining Indians removed from the frontier as soon as possible.

It seems he fully comprehends the urgent necessity of putting an end
to the cattle-stealing on the Rio Grande.

I have, &c.,
JOHN WEBER,
United States Consul.

No. 42.
Mr. Schutz to Mr. Hunter.
No. 13.]

UNITED STATES COMMERCIAL AGENCY,

SIR:

I have the honor to report the following:

On Sunday evening, July 8, five Texas cattle-men and one Mexican,
all armed with the latest improved carbines and pistols, crossed the Rio
Grande, some three miles below the plaza of El Paso, and went into
camp for the night, having first informed the mayor of El Paso of their
presence and peaceful intention. About daybreak Monday morning
they were all arrested by the authorities, and after being deprived of
their horses and arms, were placed in jail, it being charged that they
were filibusters, besides murderers and horse-thieves. Soon after their
arrest I was applied to to assist them in procuring their release and
restitution of their property; and after three days' hard labor, and none
of the charges being proved against them, I succeeded in procuring
their liberty and property, with the exception of the horse rode by the
Mexican, and his arms, it being claimed that his horse was stolen from
somebody in Mesilla, N. Mex., and it would therefore be held until the
supposed true owner could be heard from.

Although I succeeded to restore these men to liberty, and to get all
their property back, the authorities of El Paso politely informed me that,
while all due respect would always be shown to American officials, they
could not recognize my official authority until I had been duly acknowledged
by their government, but that my success in this case was solely
due to my personal influence and good standing with the citizens of El
Paso, Mexico.

Since writing the above I have ascertained that the horse claimed to
have been stolen, and which was retained by the Mexican authorities,
belonged to a Don Juan José Durant, in Mesilla, N. Mex., from whom it
had been stolen about two weeks ago.

I am, &c.,
SOL. SCHUTZ,
United States Commercial Agent.


73

MISCELLANEOUS.

No. 43.
Mr. Schleicher to the President.

SIR:

I have the honor to submit to you some of the samples of the
correspondence daily received by me from my district, showing the state
of things on the Mexican border. I have heretofore had the honor of
submitting to you a report made by me as chairman of a special committee
on this subject to the Forty-fourth Congress, giving an account
of the raids on the Lower Rio Grande, between Laredo and Brownsville,
from the end of the war until the date of the report. The evidence accompanying
said report is very complete, and it also contains the diplomatic
correspondence had for years with the Mexican Government on
that subject.

About the time when the report was made there was a lull in the raids,
caused by the fact that General Porfirio Diaz made up his revolutionary
army on that border, and enlisted in it the great mass of that turbulent
population. Since that time the raids have become more frequent again,
and of late their chief theater is on the Upper Rio Grande, in the neighborhood
of Eagle Pass, and in the country between San Antonio and the
Rio Grande. The tribe of Indians known as Lipans and also the remnant
of the Kickapoo Indians are settled in Mexico, and have in former
times harassed our frontier country, until General Mackenzie, in command
of the Fourth Regiment of Cavalry, pursued them into their settlements,
killed a number of them, and secured for our frontier, in that quarter
at least, several years of peace, during which the settlements increased
and were very prosperous.

It seems that the effects of that punishment are now passed and forgotten,
and the Indians are again engaged in raiding and robbing as a
regular business. Now, however, a new feature appears in the raids.
While they were always countenanced and assisted by the Mexicans,
who are really the beneficiaries of their robberies, getting the stolen
horses, mules, and cattle for a mere pittance from the Indians, it seems
that now the Indians are commanded and employed by Mexicans and
officials representing the authority of the Diaz government. This will
appear from an extract of a letter of Mr. Schuchardt, an excellent gentleman
living in Piedras Negras, whose statement I do not hesitate to
vouch for. He gives the name of one Santos Garcia, belonging to the
party now in power, alcalde (judge and mayor) of Zaragoza, as the official
who gives passes to the Indians raiding into Texas, to be used by them
on the Mexican side of the river.

I inclose extract from his letter, marked "A."

The Mexicans who direct the Indian raids always have their spies in
Texas, who keep them well informed about the whereabouts of the
troops. Thus they come in always unperceived, gather rapidly all the
horses they can get, leaving the owners afoot and unable to pursue them,
or to ride or send after help. By the time the raid is known they are
on their way home, generally beyond pursuit. From this it follows that
watching for them is almost useless, and that pursuit, if necessary into
their dens, is the only efficient defense for our country.

The Diaz officials, and, indeed, the whole dominant party, exhibit


74

now an exceedingly hostile feeling to our people. General Escobedo,
the military chief of Lerdo's party, has lately been in San Antonio and
through Western Texas, and our resident Mexican population received
him with much enthusiasm. The Spanish papers published in San Antonio
took part for Lerdo, and the conclusion drawn from this by the
friends of Diaz on the Mexican side is that our people and government
favor Lerdo. This imbitters them, while Lerdo's partisans in Mexico
delight in fomenting quarrels between the Diaz men and the Americans.

For eleven years these raids, sometimes in one quarter sometimes in
another, have been going on. Impunity has always had the effect of
stimulating them and increasing their proportions. The only efficient
check they ever received was when General Mackenzie followed and
punished them. Our national diplomacy never seemed to consider the
protection of our citizens of much consequence, and has always in that
quarter at least borne insult and injury with singular equanimity. As
to the action of Congress heretofore, I have myself made the humiliating
experience that members opposed energetic steps in defense of our
frontier for no better reason than that the administration might make
political capital of the authority proposed to be given.

It seems that our people look to your administration with renewed
hope. Their national pride has been long and deeply humiliated, while
their property and lives were at the mercy of an enemy despicable in
all but his power to harm them. They long for the day when the promise
of protection implied by the sight of their nation's flag on the border
will be more than a cruel mockery to them and an object of contempt
and derision to our robber neighbors.

In conclusion, I may be permitted to say that on a frontier line separating
us from a turbulent population, controlled by no government,
but simply a conglomeration of robber villages, it becomes the duty as
well as the right of our government to protect and defend our own people
against invading robbers, and that all steps incident and necessary
to an efficient defense are more than justifiable.

I have the honor to be, very respectfully, your obedient servant,
G. SCHLEICHER.
His Excellency RUTHERFORD B. HAYES,
President of the United States.

[Inclosure 1 in No. 43.]
[From the Galveston News.]
FROM SAN ANTONIO—INDIAN AND MEXICAN RAIDERS—WHAT WILL WE DO ABOUT IT?
[Correspondence of the News.]

When we remember the number and wide extent of the settlements west of this city,
is it not passing strange that a raiding party of thirty-five Indians, Mexicans, and bad,
thieving white men can penetrate within 50 miles of this city, and steal all the horses
nearly in the circle of their march and yet escape apparently "scot-free"? New
Fountain, one of the settlements just raided, is only 18 miles west of Castroville, whence
your correspondent has just returned. It is a most populous and prosperous neighborhood,
resting immediately on the great highway between San Antonio, Fort Clark, Fort
Duncan, and other important United States military posts.

Let us have more of Uncle Sam's cavalry out on this Western border. These Indians,
Mexicans, and thieves come no doubt from west of the Rio Grande, and we need more
patrollers to discover trails and strike them ere they strike the hardy, industrious settlers.


75

Thousands of families are scattered all through this fine country. But no man's life
is safe, or that of his family, so long as the present lack of protection to life and property
exists. Let the powers that be put forth their strength and squelch it at once
and forever.

If there is no other means by which we can protect our own people than through a
protectorate over Mexico, then, in the name of all that is good, let us protect Mexico
and ourselves too. Colonel Shafter reports the troops and the rangers as being after
the Indians, who are said to be marching rapidly toward the Rio Grande in a southwest
direction. But this is too much like the old story of locking the stable-door after
the horse was stolen. With sufficient United States cavalry, performing constant patrol
duty along the line of military posts, these raiders could never hope to invade Texas,
rob, steal, and murder, and escape with their plunder and lives.

It is supposed that the raiders have in their possession over 300 head of stolen horses,
taken from the adjoining settlements of Quihi, Hondo, New Fountain, and D'Hanis.
This all within a range of fifty to sixty miles of this city, with its 20,000 inhabitants.
Cannot President Hayes assert some respectable power to stop this invasion of the
rights of American citizens? In the name and rights, yea, sacred rights, of American
citizens, we demand to know what the Federal Government proposes to do about these
continued raids from the other side of the Rio Grande? Should Congress meet in extra
session, let the members from Texas press this question home to an answer.

A number of articles from San Antonio papers give particulars as to persons killed.

[Inclosure 2 in No. 43.]
[Telegram.]

To TAYLOR, A. A. G. D., Texas, San Antonio, Tex.:

The following dispatch received yesterday from Castroville: Party of thirty-five
Indians and Mexicans raided through Quihi, Hondo, and New Fountain last night,
carrying off two hundred head of horses. Trail moving southwest; crosses line eight
miles below here. Immediately upon receipt of this dispatch Lieutenant Stephenson,
with forty men, has been ordered to the Nueces, about sixty miles southeast of Duncan.
Company B, Tenth Cavalry, is at Duncan, ready to start in any direction required. Orders
were also sent to Lieutenant Van Vliet, in Frio Cañon, to go to D'Hanis, take the
trail, and follow it. Rangers in Nueces Cañon and people at Frio City also notified.
Three companies cavalry near here, one company at San Felipe, and Bullis, between
mouth of Devil's River and Pecos, ready to start as soon as I can get definite information
as to the point they are bearing for.

SHAFTER, Commanding.
Official:
T. W. TAYLOR.

[Inclosure 3 in No. 43.]
Letter from James Ware, district judge of the western district.


Hon. GUSTAVE SCHLEICHER, Washington, D. C.:

DEAR COLONEL:

Having learned that your opinions upon frontier matters are respected
by the present administration, and that your representations of occurrences
are credited, I take the liberty to call your attention to the recent bold and disastrous
raid made by a large body of Indians from Mexico through the counties of Kinney,
Uvalde, Medina, Frio, Zavalla, and Maverick, passing out of Texas into Mexico with
their captured property at a point between Eagle Pass and a village on the Mexican
side called Villa Nueva, (or New Town,) having succeeded in getting together between
300 and 400 horses, and having committed some murders, how many I do not know;
one man however was killed by them in the vicinity of Quihi, 9 miles from Castroville,
and a boy, the son of a widow woman, on the Hondo, 12 miles from Castroville.
We have not the details of the other murders.

In the pursuit by the citizens one of the Indians was killed and his body captured,
placing the identity of the raiders beyond peradventure. This is the boldest raid that
has been made in some three or four years, and the recently acquired confidence in the
safety of that portion of the country through which they went, in Medina County, under
the influence of which it was rapidly being settled, is destroyed.


76

This band of Indians numbered from forty to sixty. You will readily perceive how
exceedingly difficult it would be to gather in our sparsely settled communities sufficient
force of citizens to follow such a force, particularly when whole neighborhoods
are left without a horse.

The only means of breaking these raids up is by breaking up their establishments
beyond the Rio Grande. The local authorities of Mexico in the vicinity are certainly
not disposed to do anything in the matter; and, whatever may be the disposition of
their central government, I am afraid it is beyond their power to enforce any orders
to restrain them and leave these Indians on that portion of the republic accessible to
Texas. I can speak almost with a personal interest in this last raid, as, returning from
Frio court, I barely missed them.

[Inclosure 4 in No. 43.]
Mr. Kearney to Mr. Schleicher.

DEAR SIR:

I reached here this morning from San Antonio, and recently from the
Rio Grande, where my sheep interest lies, and feeling that I have something more at
stake than my bill for relief before Congress, which you so kindly promised to get
through for me, permit me to call your attention for a moment to the present condition
of the Rio Grande frontier. We are preyed upon daily by Mexican thieves, by American
thieves, and by the various tribes of Indians, who rob us at their leisure and retreat
across the Rio Grande, where they are as free from molestation by our troops or
civil authorities as if neither power had an existence. Surely this is not protection;
the system of pursuing raiders to the river and then stop is a farce and a mockery, so
far as protection is concerned.

In a conversation I have just held with General Ord, the commanding general of this
department, he deplores the condition of things on the frontier, and says that the only
remedy is to hunt the thieves out of their dens of refuge in Mexico, and if the government
would give permission for the troops to cross the Rio Grande for that purpose, he
would put an end to these depredations in less than six months. It is a great mistake
to suppose that the Army, or our frontier stock-men, desire war with Mexico, or a conquest
of any portion of her territory. War would prove destruction to the interest of
every stock man within a hundred miles of the Rio Grande, and I know the feeling
of our gallant Army on the subject of war with Mexico, (I have conversed with many
of its distinguished officers stationed on the frontier,) and that is to free the border
from raiders of all classes; they feel a pride in accomplishing this, for they know that
the country looks to them, and while we all know that not a sensible man among them
desires war with our Mexican neighbor, they know unless they are allowed to follow
the raiders to their final stronghold, their effort to exterminate or put an end to these
vast depredations on our property will prove, as the present system has ever proved, a
complete failure. It is a system under which foreign and domestic thieves flourish,
and American stock-men daily perish; these are truths, and cannot be gainsaid, and it
is time the government understood the matter.

We hold our lives and property at the mercy of raiders; the Army is powerless to
give us protection or punish the thieves, simply because the government refuses to allow
the troops to pursue the raiders across the Rio Grande.

In General Ord we have a vigilant and willing officer, in whose experience, prudence,
and cool judgment in the discharge of his official duties the authorities at Washington
are as fully aware of as we are here. If the government could be induced to give
him discretionary power in this matter, we would soon have a border free from raiders
and in thus doing, our peaceful relations with our neighbor, Mexico, would be undisturbed.

We of the frontier look to you, my dear sir, to induce the government to allow General
Ord to employ the Army, on this frontier, as his judgment and prudence under the
circumstances demand.

I remain, very respectfully, your obedient servant,
THOMAS KEARNEY.

P. S.—I inclose a telegram to General Ord, from Colonel Shafter, commanding Fort
Duncan; also a letter published to-day in the Galveston News.


77

[Inclosure 5 in No. 43.]
A.
Extract from a letter from William Schuchardt, at Piedras Negras, written before the last raid.

A short time ago the Lipans, under the leadership of Juan Galan, on returning from
a raid into Texas, broke through the fences of the village la Resurreccion, carrying
with them a large drove of Texas horses. The people of the Resurreccion complained
to the gefe politico, who sent an officer, Victor Perez, with twenty men to the Indiana
to inquire into the cause of their breaking the fences.

Juan Galan explained that they had been "muy apurados," (much pressed,) because
the Americans were pursuing them. The officer expressed himself satisfied with this
explanation; he had nothing to say about the Texas horses or the raids. There are
always orders from the interior for "caballos, mulas frisones"—American horses and
mules—to be filled, and it is well known that the Indians can only till them by raiding
into Texas. (The Mexican horses and mules are much smaller.) Francisco Rios had
an order to buy a lot of American mules for wheel-mules from the Indians by Santiago
Cerna, who left the money for them with Rios.

The gefe politico continues in his hostile attitude toward us; the American ferry-boat
on which the troops crossed to Piedras Negras is still tied up by his orders, and
in retaliation his father's ferry is kept on the American side.

No. 44.
Governor Hubbard to Mr. Evarts.

EXECUTIVE OFFICE, STATE OF TEXAS,

SIR:

I desire through your department to advise the President of
the recent action of the authorities of the Republic of Mexico in relation
to certain demands made by me upon that government, under the existing
treaty of extradition, for criminals committing offenses, designated
in said treaty, in the State of Texas, and who had taken refuge in the
border Mexican State of Tamaulipas.

To the end that the United States Government may have a full and
just comprehension of the issues involved, and of the indignities which
Texas has recently borne from the hands of Mexican citizens, including
theft of our property, burglary, jail-breaking, release of indicted felons,
assaults to murder, and actual accomplished murder of our people, I
herewith have the honor to transmit the accompanying official correspondence
between the executive of Texas and the Mexican authorities.
This includes all correspondence especially relating to the reported outrages
at Rio Grande City, and the rejected demands of the extradition
commission for five murderers from Hidalgo and Duval Counties,
duly indicted in the district courts of Texas, and who were fugitives
from justice in Mexican territory.

An inspection of this official correspondence will show that on the
12th day of August, 1877, a band of Mexican outlaws crossed the Rio
Grande River, opposite Rio Grande City, the county seat of Starr County,
Texas, and by force and arms broke open the common jail of said county
and released therefrom one Espronceda, indicted for theft of cattle, and
one Segunda Garza, indicted for the crime of murder.

While perpetrating this outrage, the State's attorney, Hon. Noah Cox,
was severely wounded, as also the deputy sheriff and his wife, all citizens
of Texas.

These outlaws recrossed the Rio Grande with the released prisoners,


78

being pursued by a detachment of United States troops, under Major
Price of the Regular Army.

Immediately upon being advised of this occurrence, I informed the
President, and asked that the general government would join with me
in making demand of the Republic of Mexico for the return of the released
prisoners, and the delivery of the raiders, and reparation for the outrage
committed. In answer to my telegram to the President, I received from
the Secretary of State the gratifying assurance that my demand for the
Mexican raiders and for the released felons was properly made under
the existing treaty, and that our government would take immediate
measures for the protection of American rights involved.

In pursuance of my orders, therefore, the Hon. John C. Russell, of
Corpus Christi, judge of the twenty-fifth judicial district and ex officio
extradition agent, made formal demand of the governor of Tamaulipas
on the 23d day of August, 1877, for the extradition of the parties engaged
in the jail-delivery and assault to murder, as well as for the
felons released by them, giving their names, &c.; and the sheriff of
Starr County was ordered to proceed with said demand to the city of
Matamoras, where the governor of Tamaulipas then was, and deliver
the same to that officer. After much needless delay and discussion
about the proper construction of the treaty of extradition, as a reference
to the official papers will show, the central government, (President
Diaz,) through his accredited agent and member of his cabinet, (General
Benavides,) ordered Governor Canales to have delivered to the
Texas extradition agent (Judge Russell) the released prisoners and
felons Espronceda and Garza, and also the raiders who liberated them,
and attempted to murder our citizens.

As the executive of a State having over five hundred miles of exposed
border, with a shallow stream as the boundary-line between it and
a people who cherished a traditional prejudice toward the American
people, intensified by the Texas revolution for independence, and the
international war of 1846, I instructed the extradition agents, representing
this State under the special provisions of the treaty of December 11,
1861, to demand, first, the persons released, irrespective of nationality;
because, having committed the crimes of theft and murder on Texas
territory, within organized counties, and having been legally indicted
by the grand juries of said counties, arrested by the high sheriffs under
proper capias of the courts, lodged in jail, in default of bail, therefore
the jurisdiction of the criminal courts of Texas had already attached,
and the clause of the treaty excepting citizens of either country from
the operation of its general provisions could not be invoked.

These prisoners were released by an unlawful mob, without the consent
of this government, and the Republic of Mexico, should place them
back, if within her power, in their original status, inside the jail of Rio
Grande City.

The extradition agent also demanded, in an able and exhaustive paper,
the delivery to the Texas authorities of the outlaws engaged in
this affair, as an act of comity toward a neighboring and friendly republic.

In this demand the governor of Tamaulipas (General Canales) did
not concur, nor did any one of the local civil or military authorities of
Tamaulipas, and did refuse to become the instruments of extraditing
any party charged with crime in Texas, fleeing to Mexico, and who
claimed to be simply of Mexican origin.

General Benavides, however, representing the central government,
concurred in the views of Judge Russell, that all the parties engaged in


79

this Rio Grande City outrage should be delivered over to the civil authorities,
and it was so ordered. At midnight, on the 11th day of September,
1877, three of these parties were so delivered to the civil authorities
at Brownsville, Tex.

Under my direction the commissioner reiterated his demand for the
remaining murderer, (Garza,) and the confederates of the two raiders
already delivered. Governor Canales and Passamento, judge of the
first instance, in reply tauntingly informed the Texas and United States
commissioner (Judge Russell) that, rather than comply with the orders
of President Diaz, every civil officer of the border Mexican States,
either had resigned or would resign, freely and frankly confessing, as
this correspondence shows, that the excited public sentiment of the Mexican
people would not allow any more extraditions of fugitives from
Texas, of Mexican origin or blood, in any event. It has proven true
in letter and spirit.

Troops of the regular army of the central Government of Mexico
were ordered from Vera Cruz, and did proceed to Matamoras in the
Mexican war-steamer Independencia, ostensibly to enforce obedience
to the orders of said central government, and especially in the matter
of the extradition of fugitives from justice demanded under the extradition
treaty. These troops have not caused the arrest of any of the
Rio Grande City outlaws, nor endeavored to arrest them; and instead
of upholding their government have deserted its standard and affiliated
with the revolutionary elements of Tamaulipas and the other border
States, in their determination to hold the treaty at defiance for the
future.

The latest and most significant illustration of this determination of
the people of Mexico, is the turning loose in the streets of Matamoras
of five criminals who committed murder in the counties of Hidalgo and
Duval, in this State, who had been regularly indicted, and formally demanded
under the extradition treaty.

I call your attention especially to the interview between the Alcalde
José Ma. Villareal, and Sheriff Leo, of Hidalgo County, (as stated by
latter in his report dated September 17, 1877, to Judge Russell,) who,
bearing the demand of the United States extradition agent to said civil
functionary, was refused an inspection even of the murderers (then in
arrest) to ascertain their identity and make the necessary proof.

I also direct your attention to the declarations made by this officer,
then having charge of extradition matters in Tamaulipas, that "We
[Texas and United States] should be satisfied with those already delivered,
and that no more fugitives should be returned," and that "if the
Americans were smart they would get what Mexican prisoners they
wanted in some other way."

The Hidalgo and Duval prisoners, who were indicted murderers and
fugitives from Texas, were turned loose, without any issue of citizenship
being mooted, even—much less, tried; but the very proposed identification
of the criminals denied to the Texas authorities; and this done,
too, be it remembered, in a city from which Canales had departed with
his State troops!—done under the guns of the fort, and in the presence,
it was thought, of over a thousand regulars from the central government!

I cannot fail to call the attention of the United States Government
to the fact undisguised that Garza and the bandits who released him
have been and are now in and around Camargo, in sight of the very spot
on which they shot down innocent men and women and released murderers
from the jail.


80

It is a fact likewise well known that Espronceda and the two others
who were delivered, at midnight, opposite Matamoras, were friendless
and homeless vagabonds, who, it appears, had depredated as much upon
Mexican as upon American citizens; but Garza and the other outlaws
are noted desperadoes and representative men of their class, perhaps
owning ranches near Camargo and beyond, and have never been molested
nor in danger of arrest by the Mexican military or civil authorities.

In the presence of these facts, and when advised that now and henceforth
a demand for fugitives from justice would be to re-enact a solemn
farce at the expense of the pride and dignity and honor of Texas, I
directed that, until further orders, no more efforts should be made for
extradition under a treaty ignored on the one part, but which has always
been observed in earnest good faith toward the sister republic by the
State of Texas and by the general government.

We have no assurance of peace and security along the Mexican border,
nor have we had such security since the Mexican war and the annexation
of the republic of Texas as a State to the American Union.

Aside from the general obligation imposed by the Federal Constitution
upon this government to protect the exposed frontiers of Texas,
along with the other States, the special stipulations of the treaty of
annexation doubly imposed this duty upon the United States, because
of her liability to Indian forays and Mexican invasions along a frontier
of over many hundred miles in extent.

In obedience to this moral and legal obligation, the United States Government
has established forts and posts, and has, since 1846, attempted
to give protection to that frontier. The number of troops required, and
especially of cavalry, has always been inadequate to the heavy task
imposed upon the portion of the regular Army assigned to that duty.

The consequence has been that the State of Texas has suffered alike
from depredations from predatory Mexican freebooters, as well as from
hostile Indians, for thirty years; so much so that, prompted by the instincts
of self preservation and the cry which comes from the border
unceasingly during all these years for protection, the legislature of my
State has been forced to place their own militia in the field, at a cost of
nearly two millions of dollars, since 1846 to the present time. While
our sister States of California and Oregon, for similar expenditures in
maintaining State troops to guard against Indians, have been repaid by
our government, it has been the misfortune of Texas to have never yet
received any recognition of the just claim upon a great and magnanimous
government, and of which she forms no inconsiderable part. I will, I
trust, be excused for this partial digression, because it is pertinent to the
renewed appeal which I now make for the State of Texas to the government
under which she lives, that we shall have material and complete
protection on our Mexican frontier.

Our people are murdered, their property stolen, and, with but rare
exceptions, our claims for redress are met with indifference, or our demands
for fugitive thieves and murderers laughed to scorn from the
opposite shore of a shallow river, and almost within sight of their victims.
I cannot now recount this long catalogue. I beg, however, to
have considered in this connection the exhaustive report upon "Texas
Frontier Troubles" of the special committee of the Forty-fourth Congress,
consisting of Hon. Messrs. Schleicher, Williams, Banks, Hurlbut,
and Lamar, as a part of this memorial.

In that most able and comprehensive report the wrongs which Texas
has suffered from Mexico, unredressed, are recounted with a faithful and


81

true hand, and it constitutes a chapter in our history which I pray God
may never again be written.

I beg, also, to refer you to the joint resolutions of every legislature of
Texas since 1846, asking for more adequate protection, and to the annual
messages of my honored predecessors in the executive office, each and
all of them filled with evidence of bad faith and hostility of our Mexican
neighbors toward the Texas people.

In a spirit of comity and obedience to law we have observed all
treaties, and endeavored to cultivate friendly relations. At any time
the State government of Texas, in the last quarter of a century, might
have precipitated a war with Mexico. The actual indignities and losses
of property and life which we have suffered, taken in connection with
the traditional prejudices of the two peoples, surely afforded ample and
frequent pretexts for invasions of their territory and war upon their people.
I appeal to the history of Texas if in any instance, since she has
been a State of this Union, she has ever violated any international law,
broken any treaty, or invaded the territory of that republic.

Texas, speaking for herself alone, desires no war of conquest, but
finds it alike her interest, as it would be her pleasure, to foster peace
and friendly commercial relations with Mexico. In the recent causes
of complaint to which I call your attention, I have patiently exhausted
every legal and peaceful remedy. I recognized among nations, as
among individuals, that it is magnanimous to respect a shattered and
decaying state, and that it is only the coward and the tyrant who make
conquests of the weak because they have the power.

All Texas desires is that Mexico be required to observe her treaty
stipulations; and failing, as she has done and now does, that the General
Government, to which we look for protection, shall demand redress
and reparation for the property and the blood of our people sacrificed at
their hands.

I have the honor to be, with high respect, your obedient servant,
R. B. HUBBARD,
Governor of Texas.
Hon. W. M. EVARTS,
Secretary of State, Washington, D. C.

[Inclosure in No. 44.]
MEXICAN TROUBLES.
Copies of certain documents relating to the outrage at Rio Grande City, Starr County, Texas,
on 12th August
, 1877, &c., on file in the executive office, State of Texas.
[Telegram.]


To Governor HUBBARD,
Austin, Texas:
The following just received:

"Between 1 and 2 o'clock this a. m. an armed band of from ten to fifteen men crossed
from the Mexican side into Rio Grande City, attacked the jail, and released two notorious
criminals, murderers, and horse thieves, wounding the county attorney, Noah
Cox, and three jailers severely. As soon as notification reached me, I sent Lieutenant
Fountain, with twenty-five men, in pursuit, and followed at daylight with the balance of
my mounted command. The river was carefully followed, and they were found to have
crossed to the Mexican side at a point near the rancherias, seven miles above here, about
one hour before Fountain's party reached there. Two of the parties were recognized
as desperadoes who make their headquarters in Camargo.

H. Ex. Doc. 13—6


82

"I have called upon the military and civil authorities of Camargo and Mier, in conjunction
with civil authorities here, for the apprehension and delivery of these outlaws
I think this high-handed outrage should be immediately followed up by a demand on
their government for their surrender. Am ready with one hundred men and two Gatling
guns.

"PRICE."
This is written for you to act on.
ORD, Brigadier-General.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

General E. O. C. ORD,
San Antonio:

Received your dispatch last night. I forwarded by wire to your care demand on
authorities of Tamaulipas. Please convey it by wire or otherwise, as you like. I place
subject to your order all State troops on Rio Grande frontier, and will call out militia
if necessary. This outrage, I trust, will be followed up sharply and vigorously.

The State will second your motion.

R. B. HUBBARD,
Governor.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

To the governor or chief civil authority of Tamaulipas, or chief military authority
thereof, Republic of Mexico:

I am officially advised through Brigadier-General Ord, commanding Department of
Texas, that, on the 12th instant, a number of men crossed the Rio Grande River to Rio
Grande City, in Starr County, in the State of Texas, and did unlawfully break open the
county jail thereof, release two murderers and desperadoes confined therein, wounding
the county attorney, Hon. N. Cox, and three jailors severely.

If any of these jail-breakers be not citizens of Mexico, I demand, under the extradition
treaty, on proper proof, that they be delivered over to the civil authorities of
Starr County, to the sheriff or other legal officer, for trial; also that the rescued prisoners
be returned.

This demand will be forwarded through General Ord, who will at my request see to
its execution through the proper official channels.

R. B. HUBBARD,
Governor.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

His Excellency RUTHERFORD B. HAYES,
President of the United States, Washington, D. C:

SIR:

I am advised by Brigadier-General Ord, commanding Department of Texas,
that on 12th instant a party of Mexicans from the State of Tamaulipas crossed
the Rio Grande River to Rio Grande City, the county seat of Starr County, Texas,
bordering on said river, broke open the jail by force and arms, released two murderers
therein confined, and in so doing severely wounded the State's attorney, Hon. Noah
Cox, and three jailors, and one woman.

These marauders were followed by a small party of United States troops until they
recrossed the Rio Grande into Mexico. Under the extradition treaty in force, I am
vested with authority to demand extradition of such criminals from any neighboring
Mexican State. I propose to make this demand, but desire co-operation by a simultaneous
demand from the President.


83

It is an outrageous violation of our treaty relations and of international law. I
therefore, in behalf of our people and of my State, have the honor to make this request,
and that the Republic of Mexico make reparation for this act, deliver the murderers released
to our civil authorities, and inflict punishment on the outlaws who committed
the outrage.

R. B. HUBBARD,
Governor of Texas.

[Telegram.]

Governor HUBBARD, Austin:

I reported the raid on the jail to the Adjutant-General, Washington. Doubtless
President has received it. I have directed the commanders on lower river to furnish
you and Commissioner Russell, of Corpus Christi, with all the evidences they may get.
Think the President will suggest that you, as commissioners under the treaty, make
demand for extradition in due form of the offenders. Perhaps better be done through
civil functionaries, and if that fails he can call on central government. I think the
Mexican Government or commissioners will use diligence.

ORD, Brigadier-General.

[Telegram.]

His Excellency R. B. HUBBARD,
Governor of Texas, Austin:

The President directs me to acknowledge receipt of your dispatch of the 13th instant.

Your proposed demand for extradition is in accordance with treaty stipulation. Measures
for protection and maintenance of American rights involved will be immediately
taken here.

F. W. SEWARD,
Acting Secretary of State.

[Telegram.]

Governor HUBBARD, Austin:

Have directed Colonel Price, commander at Ringgold, to communicate details and
evidence to you and Judge Russell. He telegraphed letters would be sent both to-day.
The bad element prevails in Mexico, in that vicinity, and quiet people afraid of it.
About same on this side, where nine-tenths voters are Spanish-speaking. Many freebooters
among them, too.

ORD,
Brigadier-General.

[Telegram.]


His excellency the GOVERNOR of the State of Texas, Austin:

SIR:

I have the honor to report that on the 12th instant, between 1 and 2 o'clock in
the morning, a most daring outrage was perpetrated here. The county jail was attacked
by an organized band of Mexicans from Mexico, about fifteen or twenty strong, and
two criminals liberated, one being the notorious Segundo Garza, confined on a charge
of murder, and the other confined on a charge of bringing stolen property into the
State.

The attacking party easily overpowered the jailor and his guard, and carried off the
criminals above named. They had, previous to making the attack, stationed sentinels in
the vicinity to prevent an alarm being given, and when the jailor attempted to reach
my house, he was shot down and dangerously, if not mortally, wounded. The county
attorney, Mr. Noah Cox, who was sleeping near the jail was aroused by the noise, and
coming out on his balcony was shot by one of the party, receiving, it is thought, a mortal
wound. The guard was severely wounded, and the wife of the jailor also received a
severe wound with a machete. Owing to the proximity of the river, the band easily
made their escape, crossing over into Mexico, from whence they came.


84

The deputy sheriff, with a detachment of United States troops kindly furnished by
Major Price, pursued them as soon as possible, but could not overtake them. From positive
information I can say that this band came fully prepared with tools to break my
jail and liberate the prisoners. They were trailed back to the river, and the evidence
is positive that they crossed in the vicinity of Camargo. The leader was one Rafael
Garza, well known on both sides of the river, and another was identified as a former
prisoner who escaped from this jail.

Colonel Price, commanding Ringgold Barracks, and the deputy sheriff visited the
authorities of Camargo, Mexico, and requested their assistance in arresting the perpetrators
of this daring outrage. Colonel Price also addressed a communication to the
commander of Mexican military forces at Mier, Mexico. Far from arresting the guilty
parties, Mexican troops have been moved into Camargo by forced marches and volunteers
formed with the avowed intention of repelling any attempt to arrest the said
band by the authorities or troops from this side.

The utmost excitement prevails now upon the border, and a feeling of insecurity for
life and property is felt by all. I consider it my duty to lay this statement of facts
before you for your consideration, assuring you that in nothing is it exaggerated. The
parties who are known as having been engaged in this affair are Rafael Garza, Zeferino
Juarez, Pablon, Brigido Ollivarez, Segundo Garza, Rudolfo Esproncedo, and others.

Please send requisition for above-named parties, as they are known to be at present
in Camargo and its vicinity.

Respectfully,
P. MARCELLI,
Sheriff Starr County, Texas.

[Telegram.]

General ORD:

The citizen general Geronimo Treviño of date of yesterday, from Cadeneyta, directs
me to transmit to you the following telegram, which was deposited in Cadeneyta on
the 14th August, 1877, and received at Matamoras the same day, at 5.55 p. m.

"To General CANALES:
"Be kind enough to transmit General Ord the following:

"'GENERAL:

By your telegram, dated yesterday, I am informed that the prison at
Rio Grande City was carried by assault by bandits; that according to your idea they
are Mexicans, or persons resident in this country. With this object you will permit
me to observe that I do not think it probable that people have passed from Mexico to
commit this crime, because in Rio Grande City there is an infinity of persons of different
nationalities, and I do not think it just that the authorities of Tamaulipas should
be inculpated for assaults perpetrated in another country, even if by Mexicans, or
persons of another nationality. I have told you that the government of my country
will use such means as she has at hand to give protection to the residents in Mexican
territory, but it will not be possible to take care and also to insure the same security
to the pueblos of foreign territory.

"'General Canales and the civil authorities of Tamaulipas have taken energetic
measures to arrest the offenders who made the assault on Rio Grande City. Notice has
been received of the crossing of said bandits into Mexico, with the object of escaping.
For this reason I have communicated with General Canales and I again repeat to you
that no measures will be omitted to correct these abuses within the jurisdictional limits,
but that acts for which the criminal alone is responsible should not furnish a just cause
of complaint against Mexico, when the crimes are committed beyond the reach of Mexican
authorities.

"'GERONIMO TREVIÑO.'"
This is transmitted for your information, in compliance with orders received from
General Treviño.
SERVANDO CANALES.
Official copy respectfully furnished for the information of the governor of Texas.
Austin, Tex., August 16, 1877.
E. O. C. ORD,
Brigadier-General Commanding.


85

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

To P. MARCELLI,
Sheriff of Starr County, Rio Grande City, Texas:

Your dispatch received. Have ordered Judge Russell, extradition agent at Corpus
Christi, to make demand and formal requisition for the parties who were released from
your jail. Have ordered State troops to proceed at once to your county, to assist civil
authorities and protect our citizens, and to be on hand for any emergency.

Communicate by wire to Judge Russell, at Corpus Christi, the names of the prisoners
released, and all those engaged in the outrage—who are recognized as not being
citizens of Mexico—to be extradited. The President of the United States has assured
me that he will at once see that my demand will be enforced.

R. B. HUBBARD,
Governor.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

To Judge J. C. RUSSELL,
Corpus Christi, Tex.:

Have requested P. Marcelli, sheriff of Starr County, to furnish, at once, names of parties
released from Rio Grande jail, and the names of such other marauders engaged in
this outrage, who are not known to be citizens of Mexico.

I desire you to take prompt action in this matter. Have ordered State troops to Rio
Grande City, and General Ord and Colonel Price will communicate with you.

R. B. HUBBARD,
Governor.

[Telegram.]

Governor HUBBARD,
Austin, Tex.:

General Benavides has offered $2,000 for escaped prisoners and is making every exertion
to capture them. Why not add something? General Steele's telegram this date
received, all right.

ORD,
Brigadier-General.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

General ORD,
San Antonio, Tex.:

Yours yesterday received. It is well for Mexico to offer rewards. I have to pay the
expenses of extraditing our own fugitives from justice, but can't pay for catching the
Mexicans. Diaz or some other President must foot that bill.

They won't arrest any of the great criminals or leading raiders, and then we will
see what course our own government will pursue.

R. B. HUBBARD,
Governor.

CORPUS CHRISTI,

SIR:

I have this day mailed to P. Marcelli, sheriff of Starr County, a demand upon
the proper civil authorities of the State of Tamaulipas, Mexico, for the extradition of
the following-named persons—the two first named being the parties released from the
jail of Starr County; the others being parties engaged with others in their release, to
wit: Segundo Garza, Rudolfo Esproncedo, Brigido Ollivarez, Zeferino Juarez, Rafael


86

Garza, Pedro Rodriguez, Blanco Pablon, and —— Obispo. I also forwarded instructions
to said Marcelli to present said demand at once before the proper civil authorities,
with the proper evidence of the accusations against the above-named parties.

Very respectfully,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.
His excellency R. B. HUBBARD,
Austin, Tex.

[Telegram.]


Governor HUBBARD,
Austin Tex.:
The following just received:

The names of the raiders reported from Texas are reported by Colonel Estrada,
commanding at Camargo, to be Rafael Treviño, of Rio Grande City, and Gregorio Garza,
who lives at Barreras Ranch, Texas."

On the 17th Rudolfo Espronzeda, one of the escaped prisoners, was caught in Guerrero.
General Benavides says the other prisoner will surely be caught. His whereabouts
are known. Nine soldiers were lost in pursuit by sun-stroke.

Signed, Sweitzer."
ORD,
Brigadier-General.

[Telegram.]

RIO GRANDE CITY,

Gov. R. B. HUBBARD,
Austin, Tex.:

I have the honor to report my arrival here yesterday. The Mexican authorities have
arrested two of the liberators and one of the prisoners rescued from the jail at this
place and removed them to Matamoras, for what purpose is unknown. Four other of
the raiders are known to be in the immediate vicinity of Camargo, whom they have
not endeavored to arrest. Have forwarded Judge Russell all the names of those engaged
in the raid who were American citizens, and will demand the parties on the
arrival of the requisition.

The Mexican authorities are concentrating troops at Camargo, with the evident intention
of protecting rather than delivering them to the authorities on this side, and
act as if they thought all excitement or disposition to secure these raiders had subsided,
and that the United States and State authorities are not in earnest in their
demands.

United States authorities will assist us, if necessary.

J. L. HALL,
Lieutenant Commanding State Troops.

UNITED STATES OF AMERICA,

To His Excellency SERVANDO CANALES,
Governor of the State of Tamaulipas, Mex.:

SIR:

I have the honor to call your attention to the fact that during the night of 11th
August, 1877, a band of marauders attacked the county jail in Rio Grande City, Starr
County, in this State, releasing therefrom Segundo Garza, confined therein on a charge
of murder, and Rudolfo Espronceda, confined on a charge of horse-stealing; and the
said bands shot and seriously wounded Noah Cox, esq., the county attorney of said
county, as well as the jailer. The said parties, so far as known, are, to wit, Rafael
Garza, Gregorio Garza, Seferino Juarez, Rafael Treviño, Pedro Rodriguez, Brigido
Olivares, Pablo Parra, and one Obispo, who, after committing the said assault upon
the person of Mr. Cox and the jailer, took refuge in the Republic of Mexico, crossing
the Rio Grande River a few miles above Rio Grande City.


87

Now, by virtue of the authority vested in me by the governor of the State of Texas,
under the treaty of December 11, 1861, between the United States and the Mexican
Republic, for the extradition of criminals, I ask and require that the said parties, to
wit, Rafael Garza, Gregorio Garza, Seferino Juarez, Rafael Treviño, Pedro Rodriguez,
Brigido Olivares, Pablo Parra, and one Obispo, be delivered to me to answer the charges
of burglary and assault with intent to murder, and that the said Segundo Garza and
Rudolfo Espronceda, so forcibly taken from jail as aforesaid, and carried into Mexico,
be delivered to me to answer the respective charges against them, to wit, murder
against Garza, and horse-stealing against Espronceda.

I have the honor to be, your obedient servant,
JOHN C. RUSSELL,
Judge Twenty-fifth Judicial District, Texas.
BROWNSVILLE, TEX., August 23, 1877.

MILITARY LINE OF THE STATES OF TAMAULIPAS, SAN LUIS POTOSI, AND H. VERA CRUZANA—GENERAL
IN CHIEF.

SIR:

I have had the honor of receiving your communication dated day before yesterday,
in which my attention is called to the deed perpetrated on the night of the 11th
instant, by a band of highwaymen, who surprised the jail of Starr County, in Rio
Grande City, and liberated Segundo Garza, guilty of homicide, and one Rudolfo Espronceda,
accused of theft of cattle; said band shooting off their arms and seriously
wounding Mr. Noah Cox, county judge, and the jailer. You also inform me that the
band was composed of Rafael Garza, Gregorio Garza, Seferino Juarez, Rafael Treviño,
Pedro Rodriguez, Brigido Olivares, Pablo Parra, and one Obispo, who, after committing
this assault, took refuge in this territory, crossing the river Bravo, a few miles
above Rio Grande City.

In reply to your attentive note I will state that I am not the governor of the State
of Tamaulipas, in whose character you address me, but a Mexican general in command
of the army on this frontier, to guard public order, to see that good and cordial relations
are maintained with the United States, our neighbors, procuring, among other
things, security and rights to all the inhabitants of the Mexican side of the Bravo.
To that effect I have reported your requisition to the Supreme Government of the Republic
and the governor of Tamaulipas, who substitutes me, residing at C. Victoria;
but as I am animated by the best wishes to make known the good disposition on the
part of the Mexican authorities for the apprehension and punishment of the criminals
on our frontier, I take the liberty to inclose you a few printed slips, containing various
official telegrams relating to this affair, by which you will become acquainted with the
efficacious and energetic measures which have been taken for the apprehension and
punishment of the Rio Grande City criminals, some of whom are already incarcerated
in the jail of this city, as a part satisfaction for the outrage which they have committed,
and as an evident proof of the persecution instituted against them.

The authority to whom corresponds the knowledge of this affair, in conformity with
the laws of this country, has in its power the prisoners, and it will, without any doubt,
determine, in accordance with the extradition-treaty in force between the two republics,
if they ought to be delivered. At the same time, the examination which is now
being carried on will tend to discover the traces or whereabouts of those who have not
yet been captured by the troop assigned to perform that duty.

In concluding this note, it comes with pain to my notice that the authorities of
Tamaulipas are accused of bad faith in a disagreeable incident, in which they have notoriously
displayed all their activity and energy.

In compliance with my duty, and in just vindication of the authorities accused, you
will permit me to protest, as I now do, against so gratuitous a charge. In doing so I
ground myself on the facts which I have stated in the course of this communication.

I avail myself of this occasion to offer myself as your attentive and obedient servant.
Liberty and constitution.
H. Matamoras, August 25, 1877.
SERVANDO CANALES.
M. JOHN C. RUSSELL,
Extradition Agent, &c., of Cameron County, Texas, United States, Brownsville.

General SERVANDO CANALES,
Commanding State of Tamaulipas, &c., Matamoras, Mexico:

SIR:

I have the honor to acknowledge the receipt of your communication of the 25th
instant, with an inclosure, in answer to my demand made on you as governor of Tamaulipas,
under the extradition-treaty between the two countries for the surrender of
the criminals who fled to Mexico after attacking the county jail at Rio Grande City,


88

Tex., on the night of the 11th instant, wounding the county attorney, Mr. Noah Cox,
and the jailer, and rescuing two prisoners therefrom, whose return to our authorities I
also demanded.

I notice that you disclaim being the governor of the State of Tamaulipas, alleging
that you are simply a general of Mexico, in command of the troops on this frontier, and
charged with the preservation of public order, and the maintenance of good and cordial
relations with the United States; and that, therefore, you reported my requisition
to the Supreme Government of Mexico, and to the governor of Tamaulipas, residing in
the city of Victoria. You also state that, being prompted by the best wishes to prove
the good disposition of the Mexican authorities toward the capture and punishment of
the criminals who marched on our frontier, you enclose me the printed slips containing
the official telegrams relating to the affairs at Rio Grande City, by which I could
learn the efficient and energetic measures taken to arrest and punish the criminals,
some of whom have been captured, and are now in the jail of your city. You further
state that the prisoners are so held and subject to the proper authority of your country
to whom such matters correspond, who doubtless will determine if, according to the
extradition-treaty between the two republics, they shall be delivered over.

You conclude by regretting that the authorities of Tamaulipas are charged with bad
faith in this disagreeable incident, and that, in compliance with your duty, you protest
against so gratuitous and baseless an accusation.

In replying to your communication, I have the honor to say that, under the fourth
article of the extradition-treaty, I made the requisition on you, as the chief civil authority
of Tamaulipas, because I was informed that you had been constitutionally
elected governor of the State at the last elections, and duly installed as such, and that
though by leave of the legislature you had assumed the command of the federal forces
on this line, and a substitute was temporarily acting in your place, still you were the
recognized and real governor, so far as our government was concerned in its international
relations with your country. On this ground I addressed my demand to you,
assuming that unless you had formally resigned the office of governor you continued
in that de jure character, notwithstanding that de facto you were under a leave of absence,
and that, for the purposes of the international treaty of extradition, you were
embraced in the denomination of the chief civil authority of your State.

I regret exceedingly, in a matter of such grave importance and requiring the promptest
action to serve as a swift example to the outlaws who infest our border, that the
dilatory action of simply reporting the fact of my demand to the authorities at the remote
cities of Mexico and Victoria should have seemed to you the proper method of
meeting my requisition, and particularly so when among the dispatches printed in
the sheet you did me the honor to inclose in your communication I find one direct
from the minister of war, dated at Mexico, August 14, to your subordinate officer at
Mier—Col. Francisco Estrada—commanding him, by order from the President of the
republic, to place the prisoners when captured at the disposition of the American authorities
who may claim them, observing in relation thereto the treaty stipulations for
the extradition of criminals. This energetic and speedy direction of the supreme government,
given to the military authority on the frontier, I respectfully submit, might
well be construed to empower the commander-in-chief of the line to act in a matter,
when his inferior officer was so authorized.

It is a subject of proper congratulation that the Mexican authorities have succeeded
in capturing several of the criminals who committed the bloody outrage at Rio
Grande City, and I respectfully suggest that their delivery should be accompanied
with as little of any hampering or technical difficulty as possible, and I therefore regret
that you did not inform me who the authority was to whom you alluded as holding
the prisoners in jail and who would determine whether they should be delivered
under the treaty, so that I might at once have addressed him, and that you did not report
or refer my demand to him immediately instead of remitting the matter to the
distant capitals named by you. I beg to assure you of the increased sense of satisfaction
with which the repeated protestations of good wishes in the prompt punishment
of the malefactors, which you so earnestly express, would have been received, if coupled
with immediate steps taken with the local extradition agents for their rendition, in the
event of your own disqualification to act in that capacity.

By reading the printed sheet inclosed in your communication, I am informed that
the federal judge of Matamoras, Mr. Juan N. Margain, held the captured prisoners subject
to his jurisdiction on the 22d instant, and I would now forward a requisition to
him were it not that grave doubts as to his competency to act as extradition agent,
under the terms of the fourth article of the treaty, have arisen in my mind. Hence,
having no other resource left, I have this day addressed a demand on the judge of the
first instance, although without positive knowledge that he has been duly authorized
to carry out the treaty by whomsoever may be the governor of Tamaulipas.

I trust that my success in finally reaching the proper and competent authority in
this urgent matter may correspond to my wishes and to the charge you inform me has


89

been given you by your government to maintain friendly relations between the two republics.

I again reiterate my sincere regret that I have felt it my duty to call your attention
to the facts mentioned, and beg to subscribe myself, with the assurance of my
consideration and esteem,

Your most obedient servant,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.


His Excellency R B. HUBBARD, Austin, Tex.:

SIR:

On my arrival here I made a demand on Governor Servando Canales, of Tamaulipas,
who is now in the city of Matamoras, for a return of the armed men who
engaged in breaking the county jail of Starr County, to the civil authorities of that
county, a copy of which demand I herewith inclose, also the reply of General Canales
to that demand, as well as a copy of the reply I felt it my duty to make to him.

As General Canales disclaims any authority to deliver the parties complained of under
the treaty, I made another demand upon Don Carlos Passamente, judge of the first
instance, who, I have been informed, has been duly appointed by the chief civil authority
of Tamaulipas as extradition agent under the treaty of December 11, 1861, and is
charged with the execution of its provisions—a copy of which last demand I also inclose.
I also had a call from General Benivedes to-day, and I inclose the substance of
our interview.

It occurs to me that delay is regarded by the Mexican authorities of importance in
the adjustment of this matter, but for what reason they should seek it I cannot conceive,
unless it is to wear the matter threadbare and cast it aside as an old garment.

Three of the armed men engaged in the outrage at Rio Grande City on the 11th instant
have been arrested by the military authorities, and are now held in custody, and
have been held several days, in the city of Matamoras.

My first demand, made at Corpus Christi, has not been heard from, nor has my third
demand, but I was informed by General Benevides that in would be answered this evening,
or in the morning. I have pressed this matter with all the vigor circumstances
would admit, and shall continue to do so until a result is reached.

With much respect, I am your excellency's obedient servant,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.

THE UNITED STATES OF AMERICA,


To the Hon. CARLOS PASSEMENTO,
Commissioner of Extradition, Matamoras, Mexico:

SIR:

Information having been received from official sources that on the 12th instant
a number of armed men crossed the Rio Grande River to Rio Grande City, in Starr
County, and the State of Texas, and did unlawfully, with force and arms, break open
the county jail of said Starr County, and release two persons confined for high crimes
against the laws of said State, to wit, Segundo Garza, charged with the crime of murder,
and Rudolfo Espronceda, of the crime of larceny of property of more than $25 in
value. The said armed men, at the time of releasing said prisoners, shot and dangerously
wounded Noah Cox, esq., county attorney of said Starr County, and the jailer.
The following-named persons were engaged in breaking the jail and shooting said
Noah Cox and the said jailer, and each now stands charged with the crime of burglary
and assault with intent to murder, to wit, Rafael Garza, Gregorio Garza, Seferino
Juarez, Rafael Trevino, Pedro Rodriguez, —— Pablon, ——Obispo, Brigido Olivares,
and Pablo Parra. All of the above-named criminals are fugitives from justice,
and are believed to be in the Stare of Tamaulipas, Mexico.

Now, therefore, in the name of the United States of America, by virtue of the power
and authority vested in me by the governor of the said State of Texas, as extradition
agent and commissioner duly appointed under the provisions of the treaty concluded
December 11, 1861, for the extradition of criminals, now in force between the United
States of America and the republic of Mexico, I demand and require that the jail-breakers,
charged with the double crime of burglary and assault with intent to murder,
on proper proof being made, be delivered to the proper civil authorities of said
Starr County for trial and punishment.


90

I also demand and require that said rescued prisoners, to wit, Segundo Garza and
Rudolfo Espronceda, be returned to the sheriff of Starr County, to be respectively dealt
with according to law.

With great respect, I have the honor to be, your obedient servant,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.
BROWNSVILLE, TEX., August 27, 1877.

Substance of an interview between General Benavides and myself, as extradition agent and commissioner,
August
29, 1877.

I had a call from General Benavides, (accompanied by Mr. Suzeneau,) who informed
me that three of the prisoners who committed the outrage at Rio Grande City had been
captured and were held by the authorities of Tamaulipas; that the demand for their
extradition which I had made would be answered to-day or to-morrow morning, and
that the parties would be delivered over, but thought that their immediate delivery
ought not to be pressed, as the authorities were anxious to capture the other parties
engaged in that outrage; and he also thought the chances of their capture would be
greatly diminished if an immediate delivery took place. He expressed an earnest desire
for the capture and delivery of Rafael Garza, who was the leader of the move
against Starr County jail. He expressed the opinion that none of the party would be
delivered up except those who were shown to be United States citizens, and requested
me to prepare the proof of their citizenship. I expressed to him the opinion that all
parties engaged in the outrage ought to be delivered up for punishment, irrespective
of their nationality; that the comity of nations and the critical relations of the two
countries required such action, if there was a real desire for peace, without regard to
treaty stipulations. In which expression of opinion General Benavides concurred, and
stated that he would address the central government and the minister of war upon the
subject. I also agreed to communicate his request for delay to the governor of Texas.
He expressed a strong desire for peace and amicable relations between the two republics,
and that the criminals on the border should be weeded out.

JOHN C. RUSSELL,
Extradition Agent and Commissioner.

[Telegram.]

His Excellency R. B. HUBBARD:

Have just had a call from General Benavides, who informs me that three prisoners
have been captured, but asks delay in delivery on my demand, as immediate rendition
will diminish prospects of capturing others. I demand all, irrespective of nationality,
believing the comity of all nations requires their delivery under existing circumstances.
General Benavides stated that he would at once convey to the central government my
views, as he concurred in them.

JOHN C. RUSSELL,
Extradition Agent.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Hon. J. C. RUSSELL,
Extradition Agent, Brownsville, Tex.:

Your demand approved. The republic of Mexico will exhibit a generous spirit of
comity as well as justice by delivering all the marauders, irrespective of nationality.
I hope it will be done in good faith and without unnecessary delay.

R. B. HUBBARD, Governor.

[Telegram.]

His Excellency R. B. HUBBARD, Governor:

Received reply from Judge Passement, extradition agent, to my demand. He says
prisoners in Matamoras jail claim Mexican citizenship and exemption from extradition.
He awaits proof from me that this claim is untrue, because if true he will not extradite.
Should I fail in proof, which is probable, what next?

JOHN C. RUSSELL,
Extradition Agent.


91

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

See last clause of article 6 of extradition treaty. You can obtain proof from Starr
County to identify prisoners released from Rio Grande City jail, if any are arrested.

I hold the onus of proving citizenship rests on the Mexican Government, the demand
being made by this government first. If the marauders are, in fact, Mexican citizens,
shall then demand reparation, and refer the whole matter to the President of United
States. The prisoners released should at once be delivered, whether Mexicans or not,
our jurisdiction having already attached.

R. B. HUBBARD, Governor.

[Telegram.]

Governor HUBBARD, Austin, Tex.:

Your letter with Captain Hall's received. My advices do not agree with letter. My
orders prohibit crossing on trails after any sort of raiders, where there are Mexican
troops to arrest or pursue such bandits. Telegraph that Hall proposes to cross at Camargo,
and says he is authorized by orders from you to pursue and arrest all criminals
wherever they may be found, even on Mexican soil.

If this is so, and he crosses, unless my orders are changed, he will cross without aid
from regulars.

Hall, also, according to my advices, stated to Colonel Gomez that there are twenty-five
thousand volunteers organizing in Texas for campaign in Mexico.

Such talk, if reported correctly, is likely to stop efforts on the part of the Mexican
authorities to capture and return the rescued prisoners under extradition treaty.

ORD, Brigadier-General.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Lieut. LEE HALL,
Commanding Company, Bio Grande City, Tex.:

You will confine your duties solely to the protection of property and citizens on
Texas side of the river. You will not cross the river save under my orders or orders
of officers of the United States Army.

General Ord telegraphs me that you have made threats of crossing the river for these
outlaws, and that Texas militia was being called out in large numbers. My demand is
a civil one, under extradition treaty. When time comes to cross, General Ord and
myself will act in concert, and you will be advised.

R. B. HUBBARD,
Governor and Commander-in-Chief.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

General ORD, San Antonio:

Dispatch received. Hall has had strict orders to confine his operations to this side
of the river. I make the demand under extradition treaty. If that fails, then I shall
introduce other actors, I hope, but always by consent of the United States Government.

Forward you full advices per mail.
R. B. HUBBARD, Governor.


92

EXECUTIVE OFFICE, STATE OF TEXAS,

SIR:

I am in receipt of your telegram of this date, and herewith have the honor to
hand you copy of my reply thereto by telegraph and also of my telegram to Lieutenant
Hall, commanding State troops at Rio Grande City.

Very respectfully,
R. B. HUBBARD, Governor.
Brig. Gen. E. O. C. ORD, U. S. A.,
Commanding Department of Texas.

P. S.—There have been no orders by me to raise volunteers for any purpose. My
dispatches to the President and to yourself cover all I have said and propose to do in
the premises.

HUBBARD.

[Telegram.]

Governor HUBBARD:

SIR:

Upon my arrival here, I was called upon by the commander of the post, Colonel
Price, who informed me that he had instructions from the head of this military department
to turn the matter entirely over to the civil authorities of this State.

Upon this I visited Colonel Gomez, commanding Mexican forces on the other side.
Did not state to him there were large forces being organized on this side for the purpose
of invading Mexico, but simply referred to your dispatch to General Ord of
August 13, and to your demand of the same date, as published in the San Antonio
Express, a copy of which I had with me at the time, to show him that the State of
Texas was in earnest in this matter, at the same time telling him he must get these
men within four days—not saying what the consequences would be if he did not—as I
was reliably informed they were then at a ranch within four miles of Colonol Gomez's
headquarters and within five miles of this place.

From my observation; the authorities are either unwilling or unable, from a sympathy
with all outlaws, to make the arrest. All their movements with troops and otherwise
have indicated a desire to protect rather than deliver any of the depredators. Nothing
can induce them to turn over any of these culprits, although I am satisfied they
know just where to put their hands upon them, and now believe that they are under
surveillance, to be forthcoming in case of absolute necessity.

If it is a question of talk and diplomacy, there will be none of the raiders delivered,
as they are profuse in fair promises since the Hidalgo treaty, which is all in their favor.
There is no record where they have ever fulfilled their portions of the treaty on the
Lower Rio Grande. If this offense is allowed to be smoothed over without complete
punishment to the offenders, there can be no security for life or property on this border
hereafter.

Rumors of the threatened breaking of the jail at Edinburg reached here to-day in
presence of perfect apathy on the part of the troops on the other side, and being
thoroughly informed of such, what can State troops or even United States troops do
under existing orders?

HALL,
Lieutenant Commanding State Troops.

[Telegram.]

Governor HUBBARD:

The following just received from Fort Brown:

"Saw Generals Benavides and Canales. They assure me everything is being done
by them to arrest the remaining raiders and prisoner. Of the four now arrested, two
come under the extradition treaty, and are ready to be delivered—one raider and one
prisoner. They know the whereabouts of the rest, except the two Texans and the
unknown. Owing to the great animosity existing between the Texan and Mexican
border citizens, it is difficult to inspire them with zeal in the apprehension.

"General Benavides has dismissed two captains of local troops for want of zeal.
Any unlawful interference of our citizens only impedes the efforts of the authorities.
Judge Russell, United States extradition agent, is here. The Mexican agent, Carlos
Pasman, is in Matamoras."

Signed, "Switzen."
ORD, Brigadier-General.


93

[Telegram.]

His Excellency E. B. HUBBARD, Governor:

Will you authorize me to employ counsel to prosecute in extradition of parties
engaged in Rio Grande affair? We ought to be represented before the extradition agent
to insure return of criminals. Answer. No further developments.

JOHN C. RUSSELL,
Extradition Agent and Commissioner.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Judge J. C. RUSSELL, Brownsville, Tex.:

The expenses of extradition under article 5 of the treaty does not include those of
counsel. There is no such appropriation. Unless clearly proven to be Mexican citizens
to your satisfaction or your agent, must be delivered. The released prisoners
must, whether Mexicans or not, be delivered any how.

R. B. HUBBARD, Governor.

HEADQUARTERS DEPARTMENT OF TEXAS,

SIR:

I have the honor to inclose copy of a telegram received this day from Lieutenant-Colonel
Sweitzer, Eighth Cavalry, commanding district of the Rio Grande. This
comes, I think, from General Benavides, who gave me to understand the same was
intended.

The view as to local authorities' inability or indifference to central government, by
reasons of local feeling, doubtless correct, and agrees with the view of prominent
Lerdists now in this city. Whether the coming power will have the necessary ability
and disposition is the question.

Very respectfully, your obedient servant,
E. O. C. ORD,
Brigadier-General U. S. A., Commanding.
His Excellency the GOVERNOR of Texas,
Austin, Tex.

UNITED STATES TELEGRAPH,

A. A. GENERAL:

There are now fifteen hundred Mexican regular soldiers at Vera Cruz ready to embark
for Matamoras, probably under command of General Gonzales. They will be
sent on one of the Alexander line of steamers, City of Merida, to Bagdad. They come
for the purpose of enforcing the extradition treaty between the United States and
Mexico, and enforcing order on the border. The local authorities on this frontier, being
mixed up in local politics, are afraid to carry out any vigorous measures ordered
by the Mexican Government. They obey orders when it suits them, and when they
think it will not injure their political prospects. In other words, the lawless citizens
control and overawe the local authorities.

The government appears to be eagerly in earnest to enforce law and order on this
frontier, but their local agents are afraid to execute their orders.

SWEITZER.

[Telegram.]


His Excellency R. B. HUBBARD, Governor:

SIR:

I transmit the following, as I regard it as the ultimatum of the demands heretofore
made. The correspondence will be sent by mail as soon as I can get it
arranged.

J. C. RUSSELL,
Extradition Agent and Commissioner.


94

BROWNSVILLE, CAMERON COUNTY,

SIR:

I have the honor to report to your honor that on the 3d instant, after receiving
your telegram requiring my presence here to identify the prisoners alleged to be
confined in Matamoras, Mexico, three in number, two of whom, it is said, to have been
among the assaulting party upon the jail in Rio Grande City, Starr County, and the
other one of rescued prisoners, and in response to said telegram I repaired to this
place, where I arrived on Wednesday night, the 5th instant, and reported to your
honor.

On Thursday, under instructions from your honor, I delivered to Carlos Passement,
agent of extradition in Matamoras, Mexico, copies of indictments and affidavits
against the three parties, said to be in jail in Matamoras, to wit, Pablo Parra, Brigido
Olivares, and Rudolfo Espronceda, and the other parties engaged in aforesaid assault,
as also the party Segundo Garza, one of the delivered prisoners from the jail of
Starr County, when the said Carlos Passemente, agent of extradition, informed me
that on the morrow he would reply to your honor.

Whereupon I stated that by order of your honor I wished to see the prisoners with
the view of identifying them, to which I was replied, "I will answer to-morrow."

On the next day, Friday, the seventh, I went again to Matamoras and met Judge
Passement at the office of General Canales, and on repeating my demand, under your
honor's instructions, to view the said prisoners, I was informed that a special request
in writing from your honor was necessary, whereupon I reported to your honor.

On Saturday, the 8th instant, I repaired to Matamoras and delivered to said Judge
Passement your written request for me to view the prisoners, which the said judge
had required on the day previous, when he stated he would reply in writing, but I
was not given an opportunity to see the prisoners.

On Monday, the 10th, I again went to Matamoras, under the orders of your honor, to
view the prisoners, but did not find Judge Passement at his office. I then repaired to
his house, where I found him, and informed him of my business, under your orders.
He replied, "I can do nothing. I am sick in bed. I have resigned, and you will have
to wait until another judge is in office."

After all these repeated failures simply to see the prisoners, and believing I will not
be permitted to do so, I ask leave to return to my home to attend to the duties of my
office for the approaching session of the district court.

P. MARCELLI,
Sheriff Starr County, Texas.
Hon. JNO. C. RUSSELL,
Judge Twenty-fifth Judicial District, Texas,
and Agent of Extradition.

[Telegram.]

Adjutant-General STEELE:

I am reliably informed that Seferino Juarez, Segundo Garza, Rafael Garza, and
Pedro Rodriguez, four of the raiders, are now in Camargo, unmolested by the officers.

J. L. HALL,
Lieutenant Commanding State Troops.

[Telegram.]

His Excellency R. B. HUBBARD, Governor:

Last night, at 12 o'clock m., the Mexican authorities turned over to sheriff of Starr
County, on the Texas side of Rio Grande, in this city, Rudolfo Espronceda, who was
released from jail at Rio Grande City, and Pablo Parra and Brigido Olivares, raiders,
who released prisoners there on the 11th ultimo. Unofficial information assures me that
the other raiders are in Camargo and not arrested.

RUSSELL,
Extradition Agent.


95

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Hon. J. C. RUSSELL,
Extradition Agent, Brownsville, Tex.:

Your dispatch received; also your official correspondence. I heartily approve your
course, and congratulate you on the success attending your efforts. It is to be hoped
that the murderer Garza, released from jail, and all the remaining raiders will be arrested
and delivered by the Mexican authorities without delay.

R. B. HUBBARD,
Governor.

[Telegram ]

His Excellency R. B. HUBBARD, Governor:

Sheriff of Hidalgo County was refused permission to see and identify three prisoners
now in Matamoras jail charged with murder in this county. We can hope for no further
action being taken on the Mexican side, as Canales has resigned on account of the
delivery of the three ordered by Diaz—of which I advised you.

JOHN C. RUSSELL,
Extradition Agent and Commissioner.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Judge JOHN C. RUSSELL,
Extradition Agent, Brownsville, Tex.:

Your report, received, this day, has been sent to Washington. Whoever acts in
Canales' stead, make demand of him. If no one, report to me.

Where are the fifteen hundred troops to be sent by Diaz to enforce our extradition
demand?

R. B. HUBBARD,
Governor.

[Telegram.]

His Excellency R. B. HUBBARD, Governor:

Demands have since been made on José Ma. Villereal and answered, but no prisoners
returned. Know nothing more than your excellency about the fifteen hundred troops
alluded to.

RUSSELL,
Extradition Agent,

SIR:

I have the honor to inclose to you the report of Sheriff Leo, of this county,
which will explain itself. Being so remote from Matamoras—the only point that I
have been able to find an agent on the Mexican side—I have but little hope of any
more criminals being returned. I shall not, however, cease to demand and urge their
return.

With considerations of esteem and respect, I have the honor to be, your obedient
servant,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.
His Excellency R. B. HUBBARD,
Governor, Austin, Tex.


96

SIR:

I have the honor to inform you that, in obedience to your instructions, sent me
by Sheriff Marcelie, I, with Mr. John O. Thompson, repaired to Brownsville to identify
the prisoners Matilda Rameriez, Leon Zamora, Porfirio Cantu, and Felix Garcia, now
in jail in Matamoras, Mexico, and for whom you had made demand for their extradition,
based on a charge of murder of Alexander Morel, preferred by indictment in this
county.

That on Saturday, the 15th instant, we went (Mr. Thompson and myself) to Matamoras,
and I delivered, at 12 m., to the proper officer, José Ma. Villereal, your request
that we be admitted to see the parties to identify them, if we could, and your demand
that, if identified, said prisoners be delivered to me.

In reply, the said officer, José Ma. Villereal, stated the matter would be attended to
at 3 p. m., at which time, on my calling at his office, the said officer informed me, as
the morrow, Sunday, was a holiday he could do nothing before Monday. I then insisted
on seeing the prisoners for their identification, when I was referred to his secretary,
Jesus Carazos, who informed me that the prisoners could not be seen; that we
ought to be satisfied, as three Mexicans had already been delivered up; that these
men would not be given up, and that if the Americans were smart they would get
what Mexican prisoners they wanted in some other way.

This last remark he declined to explain, saying he wished no more arguments; when
the judge, José Ma. Villereal, said he was glad ho had nothing to do with the delivery
of the said Mexican raiders on the Rio Grande city jail, as public opinion was much
against the act, and all connected with it ware much censured, although the supreme
government had ordered the delivery.

Mr. Thompson, however, saw accidentally one of the prisoners, Matilda Rameriez,
whom he knew well.

Very respectfully,
ALEXANDER J. LEO,
Sheriff, Hidalgo County, Tex.
Hon. JOHN C. RUSSELL,
Judge Twenty-fifth Judicial District and
Extradition Agent, Hidalgo, Hidalgo County, Texas.

[Telegram.]

His Excellency R. B. HUBBARD,
Governor:

Your telegram of to-day received. You need entertain no hopes of the surrender of
any more criminals demanded. The whole of the frontier is aflame on the Mexican
side about the surrender of the three criminals delivered, and General Canales, who
made the delivery, has resigned because he was forced to make the rendition. The
populace along the other side is very much excited, and a revolution is imminent on
account of the surrender.

Canales is going to Victoria, capital of Tamaulipas, and takes with him the State
troops, leaving in Matamoras his small garrison of federal troops. The latter are now
re-enforced by regulars sent from Vera Cruz on the war-steamer Independencia. It
seems this may be precautionary against Ord's order.

Extradition matters on Mexican side are confided to an alcalde at Matamoras; governor
and judge of first instance declining to act, or resigning, and the alcalde seems
to follow the popular fanaticism against surrender of any more Mexican criminals.

The Mexican press is unanimous against delivery, and the Progreso newspaper of
Matamoras (semi-official) announces that no more surrenders will be made.

I received communication from the alcalde of Matamoras yesterday, which plainly
leads me to the conclusion that no more criminals will be surrendered. It is reported
that meetings have been held on Mexican side with a view to reclaim prisoners already
delivered.

To prevent this and insure a fair trial, forces at garrison here have been placed at
`my disposal.

Yesterday sent demand through Colonel Price, Fort Brown, in strong terms, to extradition
agent at Matamoras for balance of Rio Grande city-jail raiders, also for the
Duval County murderers and the criminals who escaped from Hidalgo County; but
expect no result whatever except voluminous correspondence and delay.

Colonel Price very earnest in efforts to extradite criminals. I sent Sheriff Leo's report
by mail from Hidalgo, which will enable you to judge of disposition of Mexican
authorities to surrender criminals of their origin. This is status of extradition matter
to date.

JOHN C. RUSSELL,
Extradition Agent and Commissioner.


97

SIR:

I have the honor to inclose to you a translated copy of the last communication
received relating to the extradition of criminals.

The construction placed upon the treaty by the Mexican authorities certainly will
make it a dead letter.

I have answered the communication, declining to discuss any farther the treaty, as
my views and the views of my government had been fully expressed in a former communicated.

With considerations of respect and esteem, I have the honor to be, your obedient
servant,
JOHN C. RUSSELL,
Extradition Agent and Commissioner.
His Excellency R. B. HUBBARD,
Governor, Austin, Tex.

[Translated and inclosed by Judge Russell.]

In pursuance of the duty of the justice which is administered in Mexico, in accordance
with its legislation and the extradition treaty of criminals entered into with the
North American Republic, my predecessor proceeded to dispatch the proper orders for
the apprehension of the persons to whom you refer in your requisition note of the 30th
of last August.

Two of the parties demanded, Carter and Zamora, were arrested in their houses in
the town of Reynosa, and conducted before this tribunal. Within this jurisdiction
Garcia was also arrested, and Rameirez was in custody in the city jail, sentenced to
nine months' service on the public works for cattle-stealing. All have denied having
any knowledge of, or intervention in, the murder of Alexander Morel, which occurred,
according to the indictment of the grand jurors of the county of Hidalgo, State of
Texas, on the 23d of March, 1875.

The same persons allege that they have never lived in the county of Hidalgo, State
of Texas, but that they have always resided on Mexican soil, on which they were born,
and have never changed their nationality.

It is not within the province of this tribunal, in its special character as extradition
agent for the republic of Mexico, to inquire into the truth of the crime of the murder
of Morel, because this is considered to belong to the judicial authorities of the
State of Texas; but, however, I will now state that the indictment by the judicial
authorities of the State of Texas, which you have inclosed to me with your note of
August 30, is the only evidence to me of any offense committed, and I do not believe
that it alone is a compliance with the second part of the first article of the treaty
celebrated between the two republics on the 11th day of December, 1861.

Pursuant to the duty of this tribunal to ascertain two essential circumstances—one,
the nationality of the persons alluded to, and the other, their constant residence on
Mexican soil without having changed it to the State of Texas—proceedings are being
had to that end, the result of which I will give you timely notice of; so that I may
resolve from them whether or not the extradition can take place under the final part
of the sixth article of the same treaty.

The extradition, I consider, cannot be accomplished with solely the identification of
the persons demanded; for this could only serve to prove the persons and names of the
parties; but this tribunal could not base on that alone a decree of the extradition, as
requested by you in your note of the 15th instant, to which I refer in this communication;
and even as to that proceeding of identification, I feel bound to state to you
that the sheriff of the county of Hidalgo, A. J. Leo, and John O. Thompson, did not
present themselves yesterday, to proceed in the order prescribed by the laws of this
country, which this tribunal cannot disregard, not even in special cases such as the
present one, without incurring a responsibility.

With due considerations of attention and respect, I have the honor to subscribe myself
your obedient servant.
Liberty in the constitution.
H. Matamoras, September 18, 1877.
JOSÉ MA. VILLEREAL.
Hon. JOHN C. RUSSELL,
Extradition Agent of Criminals between the United States of
North America and Mexico, Brownsville.

H. Ex. Doc. 13—7


98

[Telegram.]

His Excellency R. B. HUBBARD, Governor:

I received last night, from commander Fort Brown, the following telegram:

"The five prisoners held in Matamoras, and for whom you have been making requisitions,
were yesterday released and turned loose.

(Signed)
"PRICE."

The prisoners referred to are three murderers from Hidalgo and two murderers from
Duval, who have been heretofore demanded.

Have you any instructions to give?

JOHN C. RUSSELL,
Extradition Agent and Commissioner.

[Telegram.]

EXECUTIVE OFFICE, STATE OF TEXAS,

Hon. JOHN C. RUSSELL,
Extradition, Agent, Laredo, Tex.:

Your dispatch informs me, covering same advices from Colonel Price, of United States
Army, that Mexican authorities have at last set the extradition treaty openly at defiance.

Inform them that I shall regard their action in releasing these murderers indicted in
Texas, and formally demanded by you, as conclusive evidence of either inability to
observe the treaty or hostility to all Texans and Americans, or perhaps both.

You will cease to make other demands until further orders.

I shall now appeal to the United States Government for redress of our wrongs, so
long continued.

R. B. HUBBARD,
Governor.

EXECUTIVE OFFICE,

I hereby certify the above and foregoing pages, numbered 1 to 60, (both inclusive,)
contain true copies of the papers therein referred to, now on file in this office.

THOMAS P. MARTIN,
Private Secretary.

No. 45.
Mr. Evarts to Governor Hubbard.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of the
10th instant, informing me of the recent action of the authorities of
Mexico in regard to certain demands made by you upon that government,
under the treaty of extradition between the United States and
Mexico, for criminals committing offenses in the State of Texas.

I am, &c.,
WM. M. EVARTS.


99

WAR DEPARTMENT.

WAR DEPARTMENT,

SIR:

In response to your request therefor, I have the honor to transmit
all the information in the possession of this department referring to
the condition of the Mexican border in Texas, and to any recent violation
of the territory of the United States by incursions from Mexico,
which was called for in the resolution of the House, offered by Hon. Mr.
Schleicher.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The PRESIDENT.

Copies of papers relating to the condition of the Mexican border of Texas,
and to violation of the territory of the United States by incursions from
Mexico since March
3, 1877.
PART I.

  • A. Orders of the President for the suppression, by United States
    troops, of raiding, &c., from Mexico, and correspondence in relation
    thereto.
  • B. Attack by armed Mexicans on the jail at Rio Grande City, and
    release of prisoners therefrom.
  • C. Disturbances at San Elizario, El Passo County, Texas.
  • D. Miscellaneous reports and correspondence from March 3 to July
    5, 1877.

Official:
E. D. TOWNSEND,
Adjutant-General.
WAR DEPARTMENT,
ADJUTANT-GENERAL'S OFFICE,
Washington, November 7, 1877.

A.
ORDERS OF THE PRESIDENT FOR THE PREVENTION, ETC., BY UNITED
STATES TROOPS, OF RAIDING FROM MEXICO, AND CORRESPONDENCE IN
RELATION THERETO.

WAR DEPARTMENT,

GENERAL:

The report of W. M. Shafter, lieutenant colonel Twenty-fourth
Infantry, commanding the district of the Nueces, Texas, concerning
recent raids by Mexicans and Indians from Mexico into Texas for
marauding purposes, with your indorsement of the 29th ultimo, has been
submitted to the President, and has, together with numerous other reports
and documents relating to the same subject, been duly considered.


100

The President desires that the utmost vigilance on the part of the military
forces in Texas be exercised for the suppression of these raids. It
is very desirable that efforts to this end, in so far at least as they necessarily
involve operations on both sides of the border, be made with the
co-operation of the Mexican authorities; and you will instruct General
Ord, commanding in Texas, to invite such co-operation on the part of the
local Mexican authorities, and to inform them that while the President
is anxious to avoid giving offense to Mexico, he is nevertheless convinced
that the invasion of our territory by armed and organized bodies of
thieves and robbers, to prey upon our citizens, should not be longer endured.

General Ord will at once notify the Mexican authorities along the
Texas border of the great desire of the President to unite with them in
efforts to suppress this long-continued lawlessness. At the same time
he will inform those authorities that if the Government of Mexico shall
continue to neglect the duty of suppressing these outrages, that duty
will devolve upon this government, and will be performed, even if its
performance should render necessary the occasional crossing of the
border by our troops. You will therefore direct General Ord that in
case the lawless incursions continue, he will be at liberty, in the use of
his own discretion, when in pursuit of a band of the marauders, and
when his troops are either in sight of them or upon afresh trail, to follow
them across the Rio Grande, and to overtake and punish them, as well
as retake stolen property taken from our citizens and found in their
hands, on the Mexican side of the line.

I have the honor to be, very respectfully,
GEO. W. McCRARY,
Secretary of War.
General W. T. SHERMAN,
Commanding Army of the United States.

HEADQUARTERS ARMY OF THE UNITED STATES,

GENERAL:

I now have the honor to inclose you an authentic copy of
a letter of June 1, this day received from the honorable Secretary of
War, defining clearly the policy to be followed on the Mexican border of
Texas. Please remit a copy of the same to General Ord, commanding
Department of Texas, who started hence yesterday for his post, advised
in general terms of the substance of this letter.

I have the honor to be, your obedient servant,
W. T. SHERMAN,
General.
General P. H. SHERIDAN,
Commanding Military Division of the Missouri, Chicago, Ill.

WAR DEPARTMENT,

SIR:

I have the honor to transmit herewith, for your information, a
copy of instructions issued to General W. T. Sherman, commanding the
Army of the United States, in relation to the suppression of raids by
marauding parties from Mexico across the border into Texas.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


101

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 1st instant, inclosing a copy of the instructions addressed by you
to General W. T. Sherman, in relation to the suppression of raids by
marauding parties from Mexico into Texas.

I am, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

DEPARTMENT OF STATE,

SIR:

I have the honor to transmit herewith a copy of a letter, dated
the 28th instant, which has been this day received from the minister of
the United States at Mexico, with regard to the action which will be
taken by Mexico with respect to the troubles on the border.

I have the honor to be, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Indorsement on letter.]
Referred from War Department to General of the Army.

HEADQUARTERS OF THE ARMY,

Respectfully returned to the Secretary of War, inclosing, for the
information of the Department of State, a copy of my dispatch to
Lieutenant-General Sheridan, conveying to him the orders of the Secretary
of War on the subject. A copy of these papers was furnished
General Sheridan by the Adjutant-General.

W. T. SHERMAN,
General.

HEADQUARTERS ARMY OF THE UNITED STATES,

The Secretary of War has received, through the State Department, a
letter from Mr. Foster, our minister at the city of Mexico, dated May
28, 1877, in which he says the President of the Mexican Republic is at
last awakened to the importance of repressing "outlawry" on the Texas
frontier; that he will send a prudent general to that frontier, with an
adequate force, and instructions to co-operate cordially to that end with
General Ord.

The whole correspondence will come to you by mail, but meantime
the Secretary of War wants you to instruct General Ord to meet this
offer of reciprocity cordially, to meet or correspond with the Mexican
general thus sent to the frontier, and not to be hasty in pursuit across
the border, except in an aggravated case.

W. T. SHERMAN,
General.
General P. H. SHERIDAN,
Commanding Military Division of the Missouri, Chicago, Ill.


102

WAR DEPARTMENT,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 8th instant, transmitting a copy of a letter from the minister of the
United States at Mexico, stating that the President of the Mexican
Government will dispatch to the Rio Grande border a prudent general,
with a view to co-operate with General Ord in repressing outlawry, and
beg to inclose for your information a copy of instructions issued by the
General of the Army on the subject.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

HEADQUARTERS OF THE ARMY,
ADJUTANT GENERAL'S OFFICE,

GENERAL ORD, San Antonio, Tex.:

Telegram of Saturday is amended to omit your telegraphing General
Treviño's instructions, as the Secretary has just received from our minister
to Mexico a printed slip, believed to contain them.

The slip begins, "Department of War. The United States War Department
has issued," &c., and concludes, with date June 18, "Pedro
Ogazon. To the General of Division Gerónimo Treviño. In command
of his forces. Piedras Negras."

VINCENT, A. A. G.

MEXICAN MINISTER OF WAR'S ORDER.

DEPARTMENT OF WAR.

The United States War Department has issued an order on the 1st instant, a translated
copy of which I herewith inclose, authorizing the troops of that country to invade our
national territory, with the object of pursuing the evil-doers to which it refers, to capture
the same, punish them, and recover the property stolen from United States citizens.

Although the plenipotentiary of Mexico at Washington, who protested against that
order, on account of the offense that it implies toward our country, assures the foreign
department by telegraph that he has received friendly explanations from the American
Government, the President thinks that the honor of the country will not be satisfied
except with a modification of the said order in such terms that it shall not be in contradiction,
as it is now, with the treaties in force between Mexico and the United
States, with the rules of international law, and even with the practice of civilized nations.

The President has already disposed what is convenient in order that the serious questions
to which that order has given rise be treated in a suitable form and manner with
the Cabinet of Washington; but as its urgency on the frontier of the neighboring
republic may occasion conflicts between the two nations even before those questions
can be discussed, the same supreme magistrate has deemed it his duty to communicate
to you, as commander of the line of the North, certain instructions which may prevent,
as far as possible, the said conflicts, or at least, in an extraordinary case preserve the
honor and dignity of the republic.

Therefore the President determines that as soon as you receive the present communication
you shall order the division under your command to be situated at such points
as you may deem convenient, with the object of protecting the Mexican frontier, and
preventing that the robbers of either side of the Rio Grande shall remain unpunished
for the mere fact of crossing the river. To this effect you will, with the utmost zeal
and activity, pursue the evil-doers that may commit any robberies on Mexican territory
who seek to escape to the United States, as well as those who, committing any robberies
in the neighboring country, shall come to Mexico fleeing from justice, and seeking impunity
in our territory. These persecutions which you may order shall only be made


103

within the limits of the republic, and once that the criminals shall have been captured,
you will place the same at the disposition of the competent courts.

Mexico has celebrated with the United States an extraordinary treaty which was
published on the 20th of May, 1862. This treaty is in full force, and you will subject
your conduct to the same whenever any criminals captured by your forces be claimed
by the military or civil authorities of the neighboring republic, and those that may
have committed any of the offenses stipulated in the said treaty.

Whenever, in order to effect the pursuit referred to, it be necessary to act in accord
with the military or civil authorities of the United States, you will invite the same, so
that they may co-operate with you toward the success of the respective operations.

And when you, on the other hand, receive a like invitation from the said authorities,
you will zealously endeavor to accede to it, doing everything in your power in order
to capture the criminals. This agreement between the commanders and authorities of
both countries shall in no case authorize the passing of foreign troops into our territory,
an authorization which cannot be granted even by the President of the republic,
because fraction 16, article 72, of the federal constitution, reserves it exclusively to the
congress of the Union. In obedience to that law, you will by no means consent that
the troops of the United States enter our territory, and out of respect to the sovereignty
of that republic, you will likewise prevent Mexican forces from trespassing on foreign
soil.

At the shortest possible time you will communicate to General Ord, or to the superior
commander of the United States forces on the frontier, these instructions, acquainting
him at the same time with the dispositions you may dictate in order to render
them effective. You will also endeavor to accord with the said commander with regard
to the operations to be undertaken, in combination with him, for the capture of evildoers
and their most effective punishment, giving him to understand that the desires
of the President on this point have no other restrictions than those imposed upon him
by international law, the treaties now in force between the two countries, and the
dignity of the republic. And, as a consequence of those restrictions, you will inform
the said commander that, as the Government of Mexico cannot allow a foreign force
to enter the national territory without the consent of the congress of the Union, and
much less that the said force shall come to exercise acts of jurisdiction, as those expressed
in the order of the United States War Department, you will repel force by
force should the invasion take place.

In dictating this extreme measure, the President has had in view those considerations
which no Mexican can forego when the defense of the national honor is in question;
the supreme magistrate of the republic believes that he faithfully interprets
the feelings of the Mexicans, if he accepts the situation in which he is placed, rather
than the humiliation of an offense which would reduce Mexico to the condition of a
barbarous country and beyond the communion of international law. The President
does not wish, however, that the attitude assumed by the soldiers of the republic in
front of troops trespassing upon our territory, infringing international law, be reputed
as an act of hostility towards the United States, but that it be considered as the exercise
of the legitimate right of self-defense, that appeals to arms only in the extreme
case when amicable means are unavailable to make it respected.

This is not the proper time, nor is it of the incumbence of this department, to discuss
the order of the United States War Department, showing the errors contained in Colonel
Shafter's report, which has given rise to the same, nor inquiring into whether the
Mexican Government has neglected its duty in preventing on its part the depredations
of the marauders on the frontier, a reason or motive appealed to by the American
Government in order to take upon itself the fulfillment of that duty, ordering even the
invasion of our territory. In order to treat this matter conveniently, the necessary
instructions have been given to our minister at Washington.

I request you to appoint a commissioner ad hoc near the American commander, who
shall express to him what I have here stated. Send to the said commander by that
commissioner a certified copy of this communication, so that he may become thoroughly
acquainted with the measures dictated by the government of the republic.

I deem it unnecessary to recommend to you the faithful and exact fulfillment of the
instructions I hereby communicate to you by order of the President. Our national
honor is therein interested, and this suffices to expect of your patriotism to act with
the prudence demanded by this serious question in order to avoid any cause of conflict
between the two countries, acting, however, with due energy, and repelling with force
the insult that it is being sought to inflict on Mexico, by the invasion of her territory.

City of Mexico, June 18, 1877.
PEDRO OGAZON.
To the General of Division GERÓNIMO TREVINO. In command of his forces. Piedras.
Negras.


104

MEMORANDUM OF POINTS NOTICED BY THE MINISTER OF THE UNITED STATES IN
CONFERENCE AT THE MEXICAN FOREIGN OFFICE.
  • I.

    The instructions given to General Ord is not the announcement of a new measure on the
    part of the Government of the United States.

    Mr. Nelson, on the 4th of January, 1871, applied to the executive for permission for
    the United States troops to cross the frontier; and April 12, 1871, he renewed the application,
    suggesting that the Mexican congress be solicited to grant said permission,
    both of which applications were declined.

    The Secretary of State of the United States, Mr. Fish, on the 30th of April, 1875,
    submitted to Mr. Mariscal, for the consideration of his government, a reciprocal proposition
    to allow the troops of either government to cross the frontier of one or the
    other nation in close pursuit of raiders and outlaws and capture them; stating to Mr.
    Mariscal at the same time that the public mind not only in Texas, but throughout the
    United States, was such that the outrages committed from Mexican territory in Texas
    could no longer be tolerated. This was not accepted by the Mexican government.

    On the 26th of June, 1875, the undersigned renewed the request made by Mr. Nelson,
    and the minister of foreign affairs (Mr. Lafragua) replied that the executive had no
    authority to grant it, and that it would not be prudent to ask the consent of Congress.
    On the 6th of July, 1875, the raids from Mexico continuing, the undersigned informed
    the minister of foreign affairs that unless the depredations ceased such a measure as
    that announced in the instruction to General Ord might be anticipated; adding in the
    same connection, referring to the raids from Mexico, that protection to the citizens of
    Texas must be afforded; if not given by the Mexican Government, it would come from
    the United States. (United States Diplomatic Correspondence of 1875.)

    On the 23d of April of the present year, in an interview had with Minister Vallarta, in
    reporting to him the murder of seventeen American citizens in Texas in the previous
    few months by Indians from Mexico, the undersigned informed him that the recommendation
    of Colonel Shafter, that the only way to put a stop to the raids was to
    follow the delinquents into Mexico and attack them in their lairs, would have to be
    taken into serious consideration by the Government of the United States, if the Mexican
    authorities are unable or unwilling to check the depredations.

  • II.

    The depredations of the past four years have not been common to both sides of the frontier.

    Under date of the 20th of May, 1875, the Secretary of State, Mr. Fish, stated that it
    was frivolous to seek to justify the hostile incursions into American territory on the
    ground of retaliation for similar excursions from the American side. He adds: "There
    have been none such, and proof of the contrary is challenged." On the 26th of June,
    1875, the undersigned, by instruction from his government, gave to the Mexican minister
    of foreign affairs the above declaration contained in Mr. Fish's dispatch, and challenged
    him to furnish proof to the contrary. The minister promised to examine the
    data in his department and ask information of the governors of Tamaulipas and Coahuila,
    and to furnish the legation with the result of his investigation. Not a single
    fact or instance has as yet been furnished.

    The investigations of the Mexican border commission relate to events which occurreds
    previous to 1873.

  • III.

    Mexico has taken no adequate or vigorous measures to prevent the depredations or punish
    the outlaws.

    The undersigned has repeatedly called the attention of the Mexican Government to
    the long list of depredations and outrages which have been inflicted upon the people
    of Texas by raiding bands from Mexico, as the records of the Mexican foreign office
    show, and he has urged that an adequate federal force under an able and prudent general
    of high rank be sent to that frontier to co-operate with the American troops in the
    suppression of the raids. These matters he frequently pressed upon the past administration;
    and immediately upon the accession of Mr. Vallarta to the department of
    foreign affairs, in December last, his attention was called to the condition of affairs on
    the frontier, urging early measures for its peace and order, assuring him that it was
    essential to the maintenance of cordial relations between the two countries, and renewing
    the suggestion that a federal force, under an experienced officer of high rank, be
    at once dispatched to the Rio Grande. Although this subject has been frequently
    brought to the attention of the minister in the past six months, up to the date of the
    receipt of the recent order of the Secretary of War of the United States, absolutely
    nothing has been done to repress the raids or co-operate with the American troops, so
    far as this legation has received information.

    Notwithstanding the long list of these outrages, which the undersigned has brought
    to the attention of the Mexican Government in the past four years, which include
    murders, arson, plundering of government post-offices and custom houses, robberies,
    and other outlawry, not a single punishment has resulted on the part of the Mexican
    authorities.

  • IV.

    Mexico has frequently acknowledged its inability to discharge its duty in regard to the
    preservation of peace on the Rio Grande frontier, giving as a reason its internal dissensions.


    105

    For eighteen months preceding the fall of the past administration, in reply to the
    remonstrances of the undersigned, the minister of foreign affairs pleaded as an apology
    for the inefficiency and neglect of his government in repressing raids into the United
    States that the whole force of the army was required elsewhere to resist the revolution
    of General Diaz. (See United States Diplomatic Correspondence, 1875.)

    The reasons given at various times to the undersigned by the present government
    for its postponement of attention to the subject and the disposition of a federal force
    and prominent officer to preserve the peace on the Rio Grande and co-operate with the
    American troops in preventing raids, has been the disturbed state of the affairs of this
    republic consequent on the revolution and the necessity of first establishing its internal
    government.

    If one of the rival claimants to the presidency succeeds in establishing a foot-hold
    on Mexican territory and in organizing a counter-revolution, will not necessity again
    compel the government to devote all its energy and power to the suppression of the
    new revolution, and abandon the Mexican side of the Rio Grande to the raiders and
    outlaws?

  • V.

    The instructions to General Ord are misinterpreted by the Mexican Government.

    They are not an unconditional order to cross the frontier into Mexican territory.
    General Ord is first instructed to do what the undersigned has been engaged in doing
    without effect for three years past: to call upon the Mexican authorities to co-operate
    for the suppression of the raids of armed and organized bodies of thieves and robbers.
    He is to give the authorities notice that the depredations upon the citizens of Texas
    can no longer be endured; and that, if the Government of Mexico shall continue to
    neglect its duty in suppressing this lawlessness, that duty will devolve upon the Government
    of the United States. It is only after invitation to co-operate, and after Mexico
    has declined and continues to neglect its duty, that General Ord is granted discretion
    to follow the outlaws across the border when in hot pursuit.

  • VI.

    In view of the foregoing facts, the declaration of the Mexican minister of war is unwarranted
    wherein it is officially asserted that the instructions to General Ord are in contradiction
    with treaties between Mexico and the United States, with the rules of international law,
    and even with the practice of civilized nations.

    Such charges in an official document of the government are sufficiently serious to
    excite apprehensions for the maintenance of cordial relations; but the undersigned
    has been profoundly surprised, and has deeply regretted, that it should have been
    thought necessary or proper to assert in an important public order, issued by direction
    of the chief executive, that in giving the instructions to General Ord the Government
    of the United States was seeking to insult Mexico. It might have been supposed that,
    in the haste with which the order of the minister of war may have been written, there
    was no premeditated intent to so grossly question the motives which influenced the
    Government of the United States; but the intent of the executive would seem to be
    deliberate, when, three days after the publication of the order, the Mexican Government
    has inserted in its official journal the statement that the order of the President
    of the United States, through the Secretary of War, was brought about by the efforts
    of a private citizen of the United States and Mr. Lerdo, through sinister motives, and
    by a group of adventurers and speculators.

JOHN W. FOSTER.
(Copy left at the Mexican foreign office June 23, 1877.)

B.
ATTACK BY ARMED MEXICANS ON THE JAIL AT RIO GRANDE CITY, AND
RELEASE OF PRISONERS THEREFROM.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The following dispatch from General Ord is forwarded for the information
of the honorable Secretary of War.

P. H. SHERIDAN,
Lieutenant-General.


106

"'The following just received:

"'Between 1 and 2 o'clock this morning an armed band of from ten to
fifteen men crossed from the Mexican side into Rio Grande City, attacked
the jail, and released two notorious criminal murderers and horse-thieves,
wounding the county attorney and the three jailers severely. As soon
as notification reached me I sent Lieutenant Fountain with twenty-five
men in pursuit, and followed at day-break with the balance of my
mounted command. The river was carefully followed, and they were
found to have crossed to the Mexican side at a point near the rancheros,
seven miles above here, about one hour before Fountain's party reached
there. Two of the party were recognized as desperadoes who made their
headquarters in Camargo. I have called upon the military and civil
authorities of Camargo and Ulier in conjunction with civil authorities
here for the apprehension and delivery of these outlaws. I think these
high-handed outrages should be immediately followed up by a demand
on their government for their surrender. Am ready with one hundred
men and two Gatling guns.

"'PRICE.'

"I would cross troops and demand them at once, but the guilty parties
are doubtless beyond reach. Unless prompt and decisive measures are
taken by the government, the actors in this outrage will be emboldened
to repeat it on a larger scale.

"ORD,
"Brigadier-General."

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, a copy of a
telegram from General Ord, communicating intelligence received from
Generals Canales and Treviño, relative to the measures taken by the
Mexican authorities for the apprehension of the escaped prisoners from
Rio Grande City jail, and concerning the assault on said jail by the
Mexican bandits.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The Hon. the SECRETARY OF STATE.

[Telegram.]

SAN ANTONIO,

To G. W. McCRARY,
Secretary of War, Washington, D. C.:

Colonel Price answers Segurdo Garcia is a notorious outlaw, acknowledged
as such by Mexican authorities, boasts to have killed
twenty-seven Americans. Esperanzeda was arrested with stolen horses
in his possession, claims to be a captain in Escobedo's army. Communicated
with that gentleman after arrest. Nationality of neither
known.

ORD,
Brigadier-General.


107

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

[Telegram.]

SAN ANTONIO,

GEORGE W. McCRARY,
Secretary of War, Washington:

Names of two prisoners released at Rio Grande by raiders, named
Segunda Garcia and Rudolfo Esprondseda. Will ask their nationality
and telegraph reply. Four-fifths voters of that county speak only
Spanish.

ORD,
Brigadier-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
telegram from Brig. Gen. E. O. C. Ord, who states that Colonel Price
informed him that Segundo Garcia is a notorious outlaw, and acknowledged
to be such by Mexican authorities. Also communicates the intelligence
that one Espanzeda was arrested with a stolen horse in his
possession, and claims to be a captain in Escobedo's band.

Very respectfully, your obedient servant,
H. T. CROSBY,
Chief Clerk, for the Secretary of War, in his absence.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of the
18th instant, inclosing a copy of a telegram from General Ord, in relation
to the measures taken by the Mexican authorities for the apprehension
of the escaped prisoners from Rio Grande City jail, and the
assault on the jail by Mexican bandits.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. MOCRARY,
Secretary of War.


108

[Telegram.]

HEADQUARTERS DEPARTMENT OF TEXAS,


General TREVIÑO,
Commanding the Rio Bravo Line:
(Care of General Sweitzer, commanding district of Rio Grande, Fort
Brown.)

GENERAL:

The attack on the jail at Rio Grande City, the liberation
of two prisoners, and consequent wounding of four State officials of
Texas, by a party of outlaws from Mexico, while it pertains more to
civil than military affairs, is an unfortunate disturbance of the better
feeling on the border which you and I were successfully introducing. I
hope the authorities of Tamaulipas will be able to punish the offenders,
and return the released prisoners; unless they do, it will be difficult to
convince the President of the United States that they are not in sympathy
with the outlaws, or powerless to prevent such incursions.

ORD,
Commanding Department.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF TEXAS,

Respectfully forwarded to the Adjutant-General of the Army, for the
information of the Secretary of War.

E. O. C. ORD,
Brigadier-General U. S. A., Commanding.

[Second indorsement.]

ADJUTANT GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the Department
of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, copy of a
telegram of the 13th instant, from General Ord to the Mexican General
Treviño, relative to the attack on the jail at Rio Grande City, the
liberation of prisoners, and wounding of four officials of the State of
Texas.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE.

SIR:

I have the honor to acknowledge the receipt of your communication


109

of the 21st instant, in relation to the attack on the jail at Rio Grande
City by a party of outlaws from Mexico, the liberation of prisoners, &c.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

HEADQUARTERS DEPARTMENT OF TEXAS,


ADJUTANT-GENERAL,
Washington, D. C.:
The following just received:

"A. A. G.:

"General Benavides has offered $2,000 reward for the escaped prisoners,
and is making every exertion to capture them. The party were
desperadoes who place at defiance the laws of Mexico as well as the
United States. The disturbed condition of the frontier, in a continual
state of anarchy, gives them immunity from punishment.

"The central government is very little respected by their leaders on
this frontier; if the government established, it is proposed to make a
change and endeavor to get order out of the confusion.

"SWEITZER,
"Commanding District."


The following received from General Treviño, dated 14th:

"General ORD:

"Your telegram concerning assault by bandits on jail at Rio Grande
City, which you considered done by Mexicans, received. I doubt Mexicans
crossed to do this, there being plenty to do it on that side; nor do
I think it just to hold authorities of Tamaulipas responsible for assaults
perpetrated in another country, whether by Mexicans or not. My government
will use means at hand to protect residents, but can't go beyond
her limits to protect foreign towns. General Canales and civil officers
have taken prompt measures to arrest the offenders who made the
assault, notice having arrived of their crossing. I repeat that the acts
committed beyond jurisdiction of her officers are no just cause of complaint
against this government.

"CANALES."
Above is brief of Trevino's telegram.
ORD,
Brigadier-General.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant- General


110

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Gen. E. D. TOWNSEND,
Washington, D. C.:

The following dispatch from General Ord is respectfully forwarded.

P. H. SHERIDAN,
Lieutenant-General.

The following received:

"General ORD,
"San Antonio:

"I deeply regret the incident happening in Davis's ranch. Steps
have been and will be taken to prosecute the outlaws. Some of them
are residents of the American frontier, and one of the liberated prisoners
has relatives fifteen miles from Davis, in a ranch called Encinal Delos
Ermos. It may be that the plan was conceived by the Escobeda agents
in order to create difficulties between the authorities of both frontiers.
One of the released prisoners is a captain of Escobeda's band. Be sure
that on our side everything that ought to be done is being done, and that
troops have been moved in every direction on the track of the fugitives.
I am informed that Escobeda has two encampments in the surroundings
of Laredo, Texas.

"GENERAL BENAVIDES."
ORD,
Brigadier-General.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
dispatch received by General Ord from the Mexican General Benavides,
relative to the incident at Davis's ranch, and stating that steps have
been taken to prosecute the outlaws; that Mexican troops are moving
in every direction on the track of the fugitives; that one of the escaped
prisoners is a captain in Escobeda's band, and that the plan may have
been conceived by Escobeda's agents.

Very respectfully, your obedient servant,
H. T. CROSBY,
Chief Clerk, for, and in the absence of the Secretary of War.
The honorable the SECRETARY OF STATE.


111

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your communications
of the 16th instant in relation to Mexican affairs.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

HEADQUARTERS DEPARTMENT OF TEXAS,

ADJUTANT-GENERAL, Washington:

Just received from General Sweitzer the following:

"Three of the outlaws were caught last night—Camargo, the leader,
and two others; the band consisted of eight, two of which are residents
of Texas, five Mexicans, and one nationality unknown. General Benavides
feels sure that the balance, including the prisoners, will be caught.
Authorities have their names."

ORD,
Brigadier-General.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, copy of a
dispatch of the 17th instant, communicating a telegram from General
Sweitzer to the effect that Camargo and two other outlaws were caught
last night, and the rest of the band, consisting of eight, were expected
to be captured soon.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 24th instant, inclosing a copy of a telegram from General Sweitzer,


112

reporting that Camargo (the leader) and two other outlaws were captured
on the night of the 16th.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

General ORD:

The Citizen General Geronimo Treviño, of date of yesterday, from
Cadereyta, directs me to transmit to you the following telegram, which
was deposited in Cadereyta on the 14th August, 1877, and received at
Matamoras the same day at 5.55 p. m.

"To General CANALES:
"Be kind enough to transmit to General Ord the following:

"GENERAL:

By your telegram, dated yesterday, I am informed that
the prison at Rio Grande City was carried by assault by bandits; that,
according to your idea, they are Mexicans or persons resident in this
country. With this object, you will permit me to observe that I do
not think it probable that people have passed from Mexico to commit
this crime, because in Rio Grande City there is an infinity of persons
of different nationalities, and I do not think it just that the authorities
of Tamaulipas should be inculpated for assaults perpetrated in another
country, even if by Mexicans or persons of another nationality.

"I have told you that the government of my country will use such
means as she has at band to give protection to the residents in Mexican
territory, but it will not be possible to take care also and insure the
same security to the pueblos of foreign territory.

"General Canales and the civil authorities of Tamaulipas have taken
energetic measures to arrest the offenders who made the assault on Rio
Grande City. Notice has been received of the crossing of said bandits
into Mexico with the object of escaping. For this reason I have communicated
with General Canales, and I again repeat to you, that no
measures will be omitted to correct these abuses within the jurisdictional
limits, but that acts for which the comunal alone is responsible should
not furnish a just cause of complaint against Mexico when the crimes
are committed beyond the reach of the Mexican authorities.

"GERONIMO TREVIÑO."
This is translated for your information, in compliance with orders
received from General Treviño.
SERVANDA CANALES.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.


113

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information copy of a dispatch,
to General Ord from General Geronimo Treviño, in regard to the
bandits that liberated the prisoners from the jail at Rio Grande City.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 25th instant, inclosing copy of a telegram from General Treviño to
General Ord, in relation to the bandits who liberated the prisoners from
the jail at Rio Grande City.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The Mexican General Benavides telegraphs General Ord under this
date, as follows: "Rudolpho Espronceda, one of the prisoners released
by the brigands, was caught on the 17th in Guerero."

P. H. SHERIDAN,
Lieutenant-General.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, copy of a
dispatch from General Sheridan, communicating a telegram from the
Mexican General Benavides, to the effect that Rudolpho Espronceda,
one of the prisoners released by the brigands, was caught on the 17th,
at Querero.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

H. Ex. Doc. 13—8


114

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 2d instant, inclosing a copy of a telegram announcing the capture
at Querero of one of the prisoners released by brigands.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C:

General Ord, under this date, reports that three of the parties concerned
in the Rio Grande jail-breaking were delivered last night to the
United States authorities at Brownsville, under the extradition treaty.

P. H. SHERIDAN,
Lieutenant- General.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Secretary of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, copy of a
dispatch of the 12th instant from General Sheridan, communicating a
report of General Ord that three of the party concerned in the jail-breaking
at Rio Grande were delivered last night to the United States
authorities at Brownsville, under the extradition treaty.

Very respectfully, your obedient servant,
H. T. CROSBY,
Chief Clerk, for the Secretary of War, in his absence.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 14th instant, with its accompaniment, informing me that three of
the parties concerned in the jail-breaking at Rio Grande have been delivered


115

to the United States authorities at Brownsville, under the extradition
treaty.

I have the honor to be, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEORGE W. McCRARY,
Secretary of War.

C.
DISTURBANCES AT SAN ELIZARIO, EL PASO COUNTY, TEXAS.

SIR:

I have the honor to report everything quiet here since my communication
of the 8th instant. The attack anticipated by the Mexican authorities
on the 10th instant did not take place. The official notice of
the arrest of Lerdo leaders on the Lower Rio Grande, has had a salutary
effect on Lerdo's followers in this vicinity. It is my firm belief that all
danger is over from any formidable organization for the invasion of
Mexico from this side of the river.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant, Regimental Quartermaster
Ninth Cavalry, and Military Commander.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.

[Translation.]
[SEAL.]

At the conference to which you kindly invited me on the 8th instant,
I advised you that there would be a reunion in the Hueca Mountains, and
that an attack would certainly be made on the people there on the 10th;
but as that day passed without any such occurrence, I sent to learn the
actual condition of affairs. Three days ago I received information that
the movement had been abandoned on account of the promptness with
which the inhabitants armed and placed themselves in a state of defense,
and more particularly on account of the moral effect of the presence of
the troops under your command, which is shown by the fact that many
of the refugees of this frontier have returned, and they have been allowed
to go to their homes, giving good security that they will not again
take up arms or break the public peace. I inform you of this that there
may be no misunderstanding in regard to my notice to you, which might
happen by persons not acquainted with the circumstances.

I offer you herewith my respect and consideration.
Liberty in the Constitution.
VINCENTE OCHOA.
F. BARRUN, Secretary.
Citizen Captain L. H. RUCKER,
First Lieutenant and Regimental Quartermaster,
Ninth Cavalry, Franklin, Tex.


116

SIR:

I have the honor to report everything quiet here since my communication
of the 17th instant. It is generally believed that the few
followers of Machono who were known to have remained in this vicinity
have left the country for good.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant, Regimental Quartermaster, Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.

[Indorsement.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the assistant adjutant-general, Department
of the Missouri.

Matters seem quiet enough at El Paso. The appearance of the troops,
impressing the certainty of capture of parties in attempted raid in the
Lerdo interest, has so alarmed them that they have left the country, or
given up all hope of Lerdo's success.

It will be well to keep an officer at El Paso, however, for some months
to come.

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army, through
headquarters Military Division of the Missouri, for the information of
higher authority.

JNO. POPE,
Brevet Major-General, U. S. A., Commanding.

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant General of the Army, inviting
attention to Lieutenant Rucker's report.

P. H. SHERIDAN,
Lieutenant-General Commanding.

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War with copy for the Department
of State.

E. D. TOWNSEND,
Adjutant General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
report from Lieut. L. H. Rucker, Ninth Cavalry, dated El Paso, Tex.,


117

that matters are quiet at that place, and that it is his opinion that the
followers of Machono have left the country for good.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

SIR:

I have the honor to report everything quiet here since my communication
of the 23d instant.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant, Regimental Quartermaster, Ninth Cavalry.
ACTING ASSISTANT ADJUTANT GENERAL,
District of New Nexico, Santa Fé, N. Mex.

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the Assistant Adjutant-General, Department
of the Missouri.

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army through
headquarters Military Division of the Missouri for the information of
higher authority.

JNO. POPE,
Bvt. Major General U. S. A., Commanding.

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant-General Commanding.

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
report from Lieut. L. H. Rucker, Ninth Cavalry, under date of 27th ultimo,
that everything has been quiet at El Paso, Tex., since his previous
report dated August 23 last.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


118

SIR:

I have the honor to report everything quiet here since my communication
of the 3d instant.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant and Regimental Quartermaster, Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.

[Indorsements.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the Assistant Adjutant-General, Department
of the Missouri.

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army through
headquarters Military Division of the Missouri for the information of
higher authority.

JNO. POPE,
Bvt. Major-General U. S. A., Commanding.

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army for the
information of the War Department.

P. H. SHERIDAN,
Lieutenant-General Commanding.

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
report dated the 8th ultimo from Lieut. L. H. Rucker, Ninth Cavalry,
reporting everything quiet at El Paso, Tex., since his last report dated
September 3d last.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


119

[Telegram.]

General E. D. TOWNSEND,
Washington:

Lieutenant Rucker, from El Paso, N. Mex., telegraphs that a mob
of three hundred have placed several citizens at San Elizario under arrest,
and asks for troops to be sent to El Paso and San Elizario. The
only available troops we have to send are thirty cavalrymen, out as a
guard to surveyors. These have been ordered to Lieutenant Rucker,
who had previously been ordered to San Elizario to ascertain about
troubles there.

P. H. SHERIDAN,
Lieutenant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, a copy of a
telegram from Lieutenant-General Sheridan, dated the 5th instant, stating
that Lieutenant Rucker, from El Paso, N. Mex., telegraphs that a
mob of three hundred have placed several citizens of San Elizario under
arrest, and asks that troops be sent to El Paso.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 6th instant, inclosing a copy of a telegram from Lieutenant-General
Sheridan, in relation to several citizens of San Elizario having been placed
under arrest by a mob of three hundred persons.

I am, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The following dispatch, forwarded by Colonel Andrews from Fort Davis,
was received last night from General Ord. Lieutenant Rucker, at
El Paso, some days ago reported the troubles at San Elizario, and was
ordered by me to report on the disturbances. Subsequently, I gave an
order to send thirty cavalrymen, that were escorting a surveying party,
to strengthen him. The trouble is with our own population, and about


120

the location of the lands on which there are salt lakes. I have no reason
to believe that any citizens of Mexico have taken part in the troubles,
but the population of El Paso County is mostly composed of citizens of
Mexican birth.

P. H. SHERIDAN,
Lieutenant-General.

"FORT DAVIS,

"ADJUTANT-GENERAL DEPARTMENT OF TEXAS:

"Requested by Judge Blacker to send the following: The Mexican
population of El Paso County have risen en masse, seized all the civil
authorities, Judges Howard and McBride, and hold all of them prisoners
under guard and in jail. Rioters number about four hundred under
arms. Have scouts and pickets out and sentinels posted; seem to be
well organized. All the Americans in the county, numbering about thirty,
in peril of their lives. No American is allowed to communicate with
the prisoners. The rioters are expecting aid from volunteers from Mexican
side of Rio Grande. The trouble from Zimpelmen having located
the salt lakes and through Howard prohibited getting salt without
permission. Later: The sheriff has escaped. Colonel Hatch is expected
in El Paso. The call is for at least two companies, with artillery. I
have at this post, all told, one hundred and twenty-three fighting men.
I think Louis Cardiz is behind all.

G. L. ANDREWS,
Colonel Commanding.

[Indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
telegram from Lieutenant-General Sheridan, communicating a telegram
from Col. G. L. Andrews in relation to the riotous conduct of the Mexican
population of El Passo County, Texas.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

[Telegram.]

FORT LEAVENWORTH, KANSAS,
October 4, 1877.

ASSISTANT ADJUTANT-GENERAL,
Headquarters Military Division Missouri, Chicago:

Following received by telegraph from General Ord:

"General B. C. Ludlow, banker, Austin, reliable Union officer, telegraphs
that just received telegram of kidnaping on our side, by force
of armed Mexicans, of Charles Howard, American gentleman, who was


121

taken to San Elizario, disarmed, and kept there under guard four hours.
Howard was formerly district judge of El Paso. As I have no troops
nearer than Fort Davis, send this for your ac.ion, and have so answered.

ORD,
Brigadier-General."

The above is transmitted for any order the Lieutenant-General may
desire to give. There are no troops in this department stationed any-where
near the locality named, nor can any be sent without great delay.

In absence of brigadier-general commanding,

PLATT,
Assistant Adjutant General.

[Telegram.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

COMMANDING GENERAL
Department Missouri, Fort Leavenworth, Kansas:

Referring to your telegram of this date forwarding dispatch of General
Ord in regard to the kidnaping of Mr. Howard at San Elizario, the
Lieutenant-General has no directions to give, except that it would be
well to have Lieutenant Rucker or some other officer in that vicinity
make a report of the facts in the case. If any injustice has been done
Mr. Howard, he will have to make his complaint to the State Department.

M. V. SHERIDAN,
Lieutenant-Colonel and A. D. C.

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant-General Commanding.

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
telegram from General Ord, reporting the kidnaping of one Charles
Howard, an American gentleman, by armed Mexicans, and his imprisonment
at San Elizario for four hours.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


122

SIR:

I have the honor to report everything quiet here since my communication
of the 22d instant.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant, Regimental Quartermaster Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.

[Indorsements.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the assistant adjutant-general, Department
of the Missouri.

In absence of Colonel Hatch.

JOHN S. LOUD,
Acting Assistant Adjutant-General.

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army, through
headquarters Military Division of the Missouri, for the information of
higher authority.

JNO. POPE,
Bvt. Major-General U. S. A., Commanding.

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant General, Commanding.

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit copy of a communication from
Lieut. L. H. Rucker, dated the 27th ultimo, reporting everything quiet
at El Paso, Tex., since September 22.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


123

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The following just received from General Pope:

"Lieutenant Rucker telegraphs from San Elizario on 9th: 'Arrived
here with detachment last evening. Mob dispersed to-day; everything
quiet. Have had two meetings with members of mob; they will allow
the law to take its course.' On the 11th he telegraphs from El Paso:
'Returned to-day; everything quiet at San Elizario this morning. Considerable
excitement here caused by killing of Cardis by Howard yesterday.
Don't anticipate any serious trouble.'"

P. H. SHERIDAN,
Lieutenant-General.

[Indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the
Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
telegram from Lieutenant-General Sheridan, communicating a dispatch
from General Pope regarding troubles in El Paso County, and the killing
of Cardis by Howard.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 16th instant, inclosing a copy of a telegram from Lieutenant-General
Sheridan, communicating a dispatch from General Pope in regard to
troubles in El Paso County, and the killing of Cardis by Howard.

I am, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The following telegram has been received from General Pope:

"The difficulties at El Paso and San Elizario are entirely between citizens
of the State of Texas, Mexican and American, and I have instructed


124

Lieutenant Rucker not to interfere with them, except to prevent inroads
from Mexican side."

P. H. SHERIDAN,
Lieutenant-General.

[Telegram.]

ADJUTANT-GENERAL'S OFFICE,

Lieutenant-General P. H. SHERIDAN,
Commanding Division Missouri, Chicago, Ill.:

State Department asks Secretary of War for more definite information
than that heretofore furnished on the following points: Was the
kidnaping by armed Mexicans of Charles Howard, an American citizen,
perpetrated by an armed force coming across the boundary-line, or by
Mexicans residing on this side? Did the affair take place in Elizario,
Mexico, or in the American town of that name?

E. D. TOWNSEND,
Adjutant-General.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

Your telegram of this date received. No report of the circumstances
attending the kidnaping of Charles Howard or his imprisonment has
yet reached these headquarters, but it is more than likely it is en route,
as an officer was sent to ascertain the facts. I will without delay direct
General Pope to procure such information as will answer the questions
in your dispatch.

P. H. SHERIDAN,
Lieutenant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit, for your information, copy of a
telegram to General Sheridan, asking for definite information in regard
to the arrest and confinement of Charles Howard, at San Elizario, and
of General Sheridan's telegram in reply thereto.

Very respectfully, your obedient servant,
GEORGE W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

General Pope reports that Lieutenant Rucker telegraphs from El Paso
on 12th: "Everything quiet at San Elizario and this place. Do not


125

anticipate further trouble until civil authorities attempt to arrest persons
engaged in last riot."

P. H. SHERIDAN,
Lieutenant-General.

[Indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully submitted to the Secretary of War, with copy for the Department
of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
telegram from Lieutenant Rucker, dated 12th instant, reporting everything
quiet at San Elizario and El Paso.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C.:

The following dispatch, just received from General Pope, is respectfully forwarded:

"Colonel Hatch, commanding in New Mexico, telegraphs as follows:

"'The arrest of Charles Howard was perpetrated by armed Mexicans
residing on this side, assisted by Mexicans from Mexico. Mr. Howard
was imprisoned at San Elizario, Tex., and was sentenced to be shot by
mob, but was finally released by mob. The affair took place in the
American town of San Elizario, Tex., and grew out of trouble about
location of salt lakes in El Paso County, Texas, in which Mexicans from
both sides were interested. As heretofore reported, Lieutenant Rucker
is instructed to abstain from interference in local disturbances, but to
prevent any interference by Mexicans from the other side of the river,
and to see that United States officials are not interfered with in discharge
of their appropriate duties.'

"JOHN POPE,
"Brevet Major-General Commanding."
P. H. SHERIDAN,
Lieutenant General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of
telegram from Lieutenant-General Sheridan, communicating information


126

received from Colonel Hatch as to the circumstances under which Mr.
Charles Howard was arrested.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
The honorable the SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of the
22d instant, with an inclosure relative to the circumstances under which
Mr. Charles Howard was arrested at San Elizario.

I am, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

SIR:

I have the honor to report that, in order to satisfy myself concerning
the various rumors that were constantly being received here
relative to the riot at San Elizario, I visited Ysleta and started for San
Elezario yesterday, in company with a citizen. On our arrival in Ysleta
we were advised by the citizens not to proceed any farther, as the rioters
were greatly excited and had threatened to kill the Americans; that
our arrival there would cause the death of Judge Howard, who they
still held prisoner. Being anxious to learn the exact state of affairs,
that my reports might be authentic, we proceeded under the protection
of their priest. On our arriving in the outskirts of San Elizario, we
met a party of twenty armed Mexicans escorting Judge Howard to a
place of safety. Howard, and the priest who was with him, advised
me not to go any farther, as our lives would be in danger. Acting on
this advice we returned to Ysleta, and thence to this place, bringing
Judge Howard with us. The mob here compelled the county judge and
justices of the peace to resign, and only spared Judge Howard's life on
condition of his signing papers to the effect that he would not prosecute
any of the rioters, giving them the free use of salt lakes, and that
he would leave the county forever within twenty-four hours. I am convinced,
from what I could hear at Ysleta and what I saw of the mob,
that every American in the county would have been killed had not their
terms in Howard's case been complied with. I did not see over forty
armed Mexicans, but am informed that they numbered about three hundred
and fifty. They appear to be well organized, and had been preparing
for this event for some time; yet their meetings were so secretly
conducted that the civil authorities did not know anything about their
movements.

I am also informed that the rioters were joined by nearly one hundred
Mexicans from Mexico. The sheriff and deputy United States marshal
are both here; they will not return until a sufficient force is raised to
insure the dispersement of the mob.

I am satisfied from personal observation that the presence of troops
is necessary here, to protect life and property, and believe that in case


127

this mob is not put down by force, the Mexicans will either kill or drive
every American out of the country.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieut., R. Q. M., Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.

[First indorsement.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the assistant adjutant-general, Department
of the Missouri.

The tenor of this communication suggests that the lives of English-speaking
American citizens of the State of Texas are not safe in North-western
Texas, near the Rio Grande.

This is properly a matter for the State of Texas and is not in the
hands of United States troops, and seems to indicate that the domiciles
of those known as Americans are only safe under the protection of
troops.

These troubles have occurred since removal of the garrison from El
Paso and Quitman, by department commander of Texas. Attention
invited to Lieutenant Rucker's report of October 2, 1877, herewith.

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.

SIR:

I have the honor to report that on the night of the 30th ultimo,
a party of about twenty-five armed Mexicans, residents of San Elizario
and Ysleta, this county, surrounded the house of the sheriff and forcibly
took from his custody two citizens, C. H. Howard and J. E. McBride,
who had taken refuge therein for self-protection, at the same time placing
the sheriff and county clerk under guard. They have also arrested
the county judge, Gregorio Garcia, and justice of the peace of San
Elizario, Porfirio Garcia; all of the above named are now in the custody
of the mob, and are confined in jail. This morning, as the collector of
customs was en route to his office, he was warned not to go, as the mob
were after him; he is now here for safety. The sheriff, Charles Kerber,
and Deputy United States Marshal W. B. Blanchard, are also here,
being afraid to return to their homes, and state they are unable to
disperse or arrest the rioters, or release the prisoners already in the
hands of the mob.

The sheriff also states that the prisoners are held without authority
of law, and that the mob gives no reasons for their arrest and detention,
and under the circumstances calls on the military for sufficient
force to disperse the mob and preserve the peace; and that there are
not enough Americans living in the county to form a force sufficient for
the purpose. The Mexicans who are not with the rioters sympathise
with them, and cannot be relied upon nor obey his summons to act as a
posse. It is now reported that the mob numbers over three hundred,
and have sent to El Paso, Mexico, for aid. The citizens fear that serious
trouble will ensue if the riot is not put down by force of arms.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieut., R. Q. M., Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL,
District of New Mexico, Santa Fé, N. Mex.


128

[Second indorsement.]

HEADQUARTERS, DEPARTMENT OF THE MISSOURI,

Respectfully forwarded through headquarters Military Division of the
Missouri, for the information of higher authority.

Lieutenant Rucker has been directed to limit his interference to preventing
inroads of armed bodies from Mexico, and to seeing that the
United States officials are not interfered with in the discharge of their
proper duties.

JNO. POPE,
Brevet Major-General, Commanding.

[Third indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant-General, Commanding.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND, Washington, D. C.:

The following telegram from General Pope, of yesterday, is respectfully
forwarded:

"Commanding officer district of New Mexico reports on 21st Lieutenant
Rucker telegraphs from El Paso: Everything quiet here. Citizens
San Elizario and Ysleta still fear another outbreak by the mob. I
do not believe there is any immediate danger. On 23d and 24th he reports
everything quiet here."

P. H. SHERIDAN,
Lieutenant-General.

SIR:

I have the honor to report, in compliance with your telegraphic
instructions of the 5th instant, I arrived at San Elizario on the evening
of the 8th instant, and, after a careful investigation, find the cause of
the late riot to be the result of a misunderstanding on the part of the
ignorant Mexicans regarding the location last July of the salt lakes in
this county, by a firm in Austin, Tex. These lakes have for generations
been considered public property, and when their crops failed it
has been customary for the people to go to the lakes, get a load of salt,
take it to Chihuahua, and trade it off for provisions. Since its location,
they have been notified by the company's agent here, C. H. Howard,
not to take any salt without his permission. Being very ignorant, they
cannot understand why they are deprived of this means of subsistence.

In my opinion the immediate cause of the riot was the prosecution by
Mr. Howard of two Mexicans, on the twenty-ninth of last month, who


129

were arrested and required to give bonds for merely signifying their
intention of going to the lakes and getting salt. This being considered
by the Mexicans as a persecution, they resisted the local civil authorities,
which resulted in a general riot. I will here state, from reliable
information, that several persons of intelligence living in this county
have advised the Mexicans that the lakes were public property; that
they had a right to take all the salt they required, and that they (the
parties who instilled their belief into the Mexican minds) would stand
by them and see that the authorities did not interfere; in fact, assume
all responsibility in case of trouble. When the trouble assumed a serious
aspect, these parties failed to fulfill their promises, and the Mexicans,
finding they were doing wrong, did not know how to get out of the
scrape. The fact of the matter is, the Mexicans had been lied to to
such an extent they did not know who or what to believe, and the most
ignorant of them thought the best way of settling the matter was to
drive the Americans out of the country.

The mob consisted of about four hundred armed men, composed of
Mexicans living in this country and about fifty from the other side of
the river. The rioters had not fully dispersed on my arrival at San Elizario;
some were for fighting the troops; the more timid were averse to
any resistance, and they all fled to the woods on our approach.

On the 9th instant I succeeded, after two conferences with some of
the leaders, in quieting their fears of arrest, and advised them to break
up their organization, which they at once agreed to. On the 10th instant
I was invited to a "junta" of the leading spirits of the mob. They
informed me that they had acted on the advice given them the day
before; that the people would let the law take its course; that they had
reinstated the deposed county officials, and that all trouble had ceased.

I believe the Mexicans will keep their word, but anticipate trouble
when the civil authorities attempt to arrest any of the rioters, without
the presence of troops in the vicinity.

During the seven days that the mob was in existence, no blood was
shed, or any acts of violence committed, except threatening the lives of
Americans. A "prestimo" was considered; they even went so far as
to make out a list of assessments, but none were levied. The comparatively
peaceful termination of the riot is mainly due to the untiring efforts
of the Rev. Bongardo, Catholic priest at San Elizario. The presence of
troops had a salutary effect in quieting the fears of the citizens. The
priest informed me his influence over the mob was exhausted.

Very respectfully, your obedient servant,
L. H. RUCKER,
First Lieutenant, R. Q. M., Ninth Cavalry.
ACTING ASSISTANT ADJUTANT-GENERAL
District New Mexico, Santa Fé, N. Mex.

[First indorsement.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the assistant adjutant-general Department
of the Missouri.

In absence of Colonel Hatch—

JOHN S. LOUD,
First Lieutenant and Adjutant Ninth Cavalry, A. A. A. G.

H. Ex. Doc. 13—9


130

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Respectfully forwarded to the assistant adjutant-general headquarters
Military Division of the Missouri.

The "Mexicans" mentioned by Lieutenant Rucker (except those he
speaks of as "about fifty from the other side of the river") are citizens
of the State of Texas. The salt lakes or springs referred to are also
within that State. I would desire to know whether the government
wishes the United States troops to intervene in any manner in these
local difficulties in the State of Texas; and, if so, to ask that orders to
that effect be sent me. At present, Lieutenant Rucker is under orders
from me to interfere in no manner except to prevent invasion of Mexicans
from Mexico, and to protect the United States officials from violence in
the execution of their proper duties.

JNO. POPE,
Brevet Major-General United States Army, Commanding.

[Third indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army, inviting
attention to the remarks of Brigadier-General Pope hereon.

P. H. SHERIDAN,
Lieutenant-General Commanding.

CUSTOM-HOUSE, EL PASO, TEX.,

SIR:

I inclose you herewith the expression of the people of El Paso
County for your kindness in doing what was in your power to extricate
us from a very critical position.

So far as I was personally concerned I had nothing to fear, but a report
had been put in circulation that there was $40,000 in the custom-house,
and the mob said they were going to have it. Although this
report was false so far as the $40,000 was concerned, it is thought that
if troops had not arrived here at the time they did the mob would have
taken the custom-house and probably two or three mercantile establishments.

Captain Rucker, whom you charged to investigate the affairs at San
Elizario, deserves great credit for his caution and prudence. There were
no civil officers in the county; some had fled to Mexico, some imprisoned,
and others had come to El Paso for protection. There was not a
civil officer in the county that dared to attempt to execute the functions
of his office. The entire American population of El Paso County
commend Captain Rucker's gentlemanly, quiet, and prudent course in
this matter. He could not have done less. The Mexicans respect and
have confidence in him, and believe what he tells them. He has shunned
all connection with civil affairs, and been over-careful not to be drawn
into a semblance of sympathy. He has been staying with me ever since
he has been here, and I know his opinions, which coincide with my own,


131

upon questions of this nature, and I feel the fullest confidence in his prudence
and ability.

I am, very respectfully,
S. C. SLADE,
Collector.
General EDWARD HATCH, U. S. A.,
Santa Fé, N. Mex.

[First indorsement.]

HEADQUARTERS DISTRICT OF NEW MEXICO,

Respectfully forwarded to the assistant adjutant-general, Department
of the Missouri.

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.

[Second indorsement.]

HEADQUARTERS DEPARTMENT OF THE MISSOURI,

Official copy. Respectfully forwarded to the Adutajnt-General of the
Army, through headquarters Military Division of the Missouri, for the
information of higher authority.

JOHN POPE,
Brevet Major-General U. S. A., Commanding.
Official:
R. C. DRUM,
Assistant Adjutant-General.

[First indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

P. H. SHERIDAN,
Lieutenant-General, Commanding.

[Telegram.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

General E. D. TOWNSEND,
Washington, D. C:

Lieutenant Rucker, Ninth Cavalry, in command at El Paso, reports,
under date of 31st ultimo, that everything is quiet at San Elizario.

P. H. SHERIDAN,
Lieutenant-General.


132

D.
MISCELLANEOUS REPORTS, CORRESPONDENCE, ETC., FROM MARCH 3, TO
JULY 5, 1877.

SAN ANTONIO,

A. A. G., Chicago:

The following received from Fort Brown: On Sunday, February 25th,
Canales entered Matamoras with one thousand men. Cortina has
already been arrested by his orders. On Wednesday, February 28th,
General Blanco and all his staff left Matamoras, and are now in Brownsville,
en route to City of Mexico by Morgan steamer. Cortina is in
communication, and is now being tried by general court-martial on a
number of charges. This day it is expected that Romuelto Cuellar,
brother-in-law of Canales, will be proclaimed chief of the Zona Libre by
order of Canales.

DEVIN, Commanding.
Have asked status of Canales with regard to Diaz.
ORD, Brigadier-General.

[First indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.
In absence of the Lieutenant-General.

R. C. DRUM,
Assistant Adjutant-General.

[Second indorsement.]

HEADQUARTERS OF THE ARMY,

Respectfully submitted to the Secretary of War, with copy for the
information of the Department of State.

W. T. SHERMAN,
General.

MARCH 12, 1877.

SIR:

I have the honor to transmit copy of a communication from
General Ord, stating that Colonel Devin reports from Fort Brown,
Texas, that Canales, with one thousand men, had entered Matamoras;
Cortina was being tried by court-martial, and General Blanco and staff
had set out for the City of Mexico via Brownsville; and it is expected
Cuellar would be proclaimed chief of the Zona Libre.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.


133

[Telegram.]

SAN ANTONIO,

(Received at

To DRUM, Chicago:

Dispatch from Devin indicates that Canales not committed toward
Diaz; working for himself.

ORD, Brigadier-General.

[First indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.
In the absence of the Lieutenant-General commanding.

R. C. DRUM,
Assistant Adjutant-General.

[Second indorsement.]

HEADQUARTERS OF THE AMRY,

Respectfully submitted to the Secretary of War, with copy for the
information of the Department of State.

W. T. SHERMAN,
General.

MARCH 13, 1877.

SIR:

I have the honor to transmit, for information, a copy of a telegram
from General Ord, wherein Colonel Devin reports that Canales is
not committed to Diaz, but is working for himself.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

SIR:

I have the honor to inform you that I have been appointed by
the actual government of this republic military commander of the line
of the Rio Bravo, and in her name have assumed command of this place.

I shall be very grateful if you will do me the honor to satisfy the desire
I entertain to cultivate the most cordial relations with the headquarters
now under your dignified command, convinced that it may greatly conduce
to the well-being and prosperity of both frontiers.

I respectfully subscribe myself your attentive and obedient servant,
MIGL. BLANCO.
Lieut. Col. THOMAS E. DEVIN, U. S. Army,
Commanding Fort Brown, Texas.

A fair translation.
A. M. RAPHALL,
Lieutenant, Eleventh Infantry.


134

[First indorsement.]

HEADQUARTERS DEPARTMENT OF TEXAS,

Respectfully forwarded through headquarters Military Division of the
Missouri for the information of the proper authorities.

E. O. C. ORD,
Brigadier-General U. S. A., Commanding.

[First indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.
In absence of the Lieutenant-General,

R. C. DRUM,
Assistant Adjutant-General.

[Second indorsement.]

HEADQUARTERS OF THE ARMY,

Respectfully submitted to the Secretary of War, with copy for the
information of the Department of State.

W. T. SHERMAN,
General.

[Telegram.]

To TAYLOR, A. A. G.,
San Antonio, Tex.:

Cortina was arrested yesterday p. m. by the military authorities of
Matamoras, and confined in the military barracks.

DEVIN.

MARCH 14, 1877.

SIR:

I have the honor to transmit for your information a copy of a
telegram, dated February 25 last, from Colonel Devin, announcing
the arrest of Cortina by the military authorities of Matamoras; also a
copy of letter from Miguel Blanco, informing Colonel Devin that he has
been appointed by the actual Government of Mexico as military commander
of the line of the Rio Bravo.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

HEADQUARTERS DISTRICT OF THE NUECES,

SIR:

I have the honor to report, for the information of the general
commanding the department, the following facts in reference to depredations
recently committed by marauding parties of Indians and Mexicans
from the neighboring republic of Mexico. Since the 1st of October,
1876, there have been killed by parties of Indians, that have been


135

followed from the scene of the murder to the Rio Grande, 17 men, and
the arms and horses taken from the murdered men have been openly
offered for sale in the town of Saragossa, Mexico.

Since the 30th day of December, 1876, there have been taken from
within ten miles of Fort Clark two large droves of horses, about 100 in
all, and at least 300 head of cattle in the two raids. The first party was
followed about 150 miles into Mexico to their camp, where nearly a hundred
of the cattle had been slaughtered, and the beef was found drying.
Unfortunately the approach of the troops was discovered and the Indians
fled, and have since then been hovering in the vicinity of the
towns, to which they would retreat if attacked. In the two last raids
the Indians have kept close to the river, and have recrossed within a
few hours. To head these raiders is almost impossible, as they cross at
night and are back again before the second night has passed.

Not the slightest attempt is made by the Mexican authorities to control
these Indians, they, on the contrary, finding a refuge in the towns
when pursued, and a market for their stolen plunder at all times.

Efforts are being made to find out the locality of their camp, and
whenever the chance occurs a dash will be made for it. It is, however,
only a chance that they are hit, as they are at all times on the alert,
and especially so since their camp was struck in July last by the
detachment under Lieutenant Bullis.

To prevent, as far as possible, gathering cattle near the river and
driving them to Mexico, and also to have companies where they can be
put quickly on the trail of Indians who may come out some distance
from the river to gather their herd, I have determined to put a company
of cavalry in camp on the Rio Grande, half-way between San
Felipe and Fort Duncan, and another about ten or fifteen miles below
the mouth of the Pecos. No expense will attend this move, as the
companies will go out for a month at a time and be supplied from Fort
Clark.

To effectually put a stop to the Indian raids from Mexico, it will be
necessary to do all scouting for Indians on the Mexican side of the Rio
Grande.

There are now none living in Texas, and hunting for little stealing
parties of four or five Indians on this side is useless. Full authority to
operate in Mexico as we choose is the only way in which life and property
can be made secure on this frontier. It is an incontrovertible fact
that all the raids are made from Mexico to this side, and none from
this to Mexico, and the people who are being robbed and murdered are
American citizens.

I am, sir, very respectfully, your obedient servant,
W. R. SHAFTER,
Lieutenant-Colonel Twenty-fourth Infantry, Commanding.
ASSISTANT ADJUTANT-GENERAL,
Department of Texas, San Antonio, Tex.

[First indorsement.]

HEADQUARTERS DEPARTMENT OF TEXAS,

A true copy. Respectfully forwarded to the assistant adjutant-general,
Military Division of the Missouri, for the information of the
Lieutenant-General commanding.

E. O. C. ORD,
Brigadier-General, Commanding.


136

[Second indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

The Rio Grande is a very long and crooked frontier, and it is impossible
to prevent Indians coming over from Mexico and committing depredations
of the character reported within.

I recommend the Mexican Government be compelled to prevent these
hostile incursions.

P. H. SHERIDAN,
Lieutenant-General, Commanding.

[Third indorsement.]

HEADQUARTERS OF THE ARMY,

Respectfully submitted to the Secretary of War, with copies for the
Departments of State and the Interior.

W. T. SHERMAN,
General.

MARCH 28, 1877.

SIR:

I have the honor to transmit for your information copy of communication
of the 9th instant from Lieutenant-Colonel Shafter, commanding
the district of the Nueces, relative to the murder and robbery
of American citizens in Texas, by raiding-parties of Mexicans and Indians
from beyond the Mexican border.

Very respectfully, your obedient servant,
GEORGE W. McCRARY,
Secretary of War.
Hon. SECRETARY OF THE INTERIOR.

MARCH 28, 1877.

SIR:

I have the honor to transmit for your information copy of a communication
of the 9th instant from Lieutenant-Colonel Shafter, commanding
the district of the Nueces, relative to the murder and robbery
of American citizens in Texas by raiding-parties of Mexicans and Indians
from beyond the Mexican border.

Very respectfully, your obedient servant,
GEORGE W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 28th ultimo, with its inclosures, relative to the alleged murder and
robbery of American citizens in Texas by raiding-parties of Mexicans
and Indians, and in reply, to inform you that the subject shall receive
due consideration.

I have the honor to be, sir, your obedient servant,
WILLIAM M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.


137

CONSULATE OF THE UNITED STATES OF AMERICA,

SIR:

Referring to my telegram to the department of the 6th of July
last, in which I requested that the military authorities at Fort Brown,
Texas, might be authorized to interfere to protect lives and property in
this city in case Cortina, who was then menacing it with a considerable
force, should make an attack, and in consideration of which telegram I
presume that the United States gunboat Rio Bravo has remained
moored to the river-bank in front of this city since that time, I have
now to state that, as the force of Cortina has been disbanded and Cortina
himself is a prisoner, under sentence of death, in the hands of the
military authorities of this frontier, the further presence of the Rio
Bravo at this place has, perhaps, ceased to be necessary.

As the expenses of that vessel are doubtless increased by being at a
foreign port, I have to respectfully suggest that the public interests do
not, in my opinion, require that the vessel should remain here longer,
and perhaps interfere with the more general object for which it was sent
to the Rio Grande, which I understand was to co-operate with the
United States military force stationed on the Texas border in suppressing
cattle-raids across the river.

I am, sir, your obedient servant,
THOMAS F. WILSON.
Hon. WILLIAM HUNTER,
Second Assistant Secretary of State, Washington.
Referred by the Secretary of War to the General of the Army.

[First indorsement.]

HEADQUARTERS OF THE ARMY,

Respectfully referred to the commanding general Department of Texas,
through headquarters Military Division of the Missouri, for his opinion
and report; these papers to be returned therewith.

W. T. SHERMAN,
General.

[Second indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully transmitted to the commanding general Department of
Texas.

HEADQUARTERS DEPARTMENT OF TEXAS,

SIR:

The letter herewith returned of Consul Wilson evidently conveys
erroneous impressions.

The gunboat was ordered to Brownsville, and is not nor has been at
a foreign port that I am aware of except for a few days. The order was
issued sending her to the station at the special request of the general
commanding the department, made through the general of division and
commanding general to the President, and approved by him, the object
being to suppress raiding and have ready facilities for crossing into
Mexico, so as to seize stolen property which the so-called authorities


138

were averse to or unable to recover. The raiding still continues, and
the unreliable character of the local as also State authorities is fully as
great if not greater than when the department commander applied to
have a gunboat stationed at Brownsville.

I visited Matamoras and Brownsville about four months since. General
Revueltas, a gentleman and good officer, was then in command at
Matamoras, and had been for some six months, but there was a want of
harmony and personal good feeling between the consul and the commanding
officers both of the army and navy. The military authorities
ascribed this to the disposition of the Mexican commander to consult
them rather than the consul, and to the fact that at official or formal
receptions the consul had not been assigned the first place. The character
for sobriety of the commander of the Rio Bravo was such that I
examined into this matter with some care, and I came to the conclusion
that the interests of the United States would be promoted if both the
consul and the present commander of the gunboat at Matamoras could
be placed at some other station. (See my telegraphic report in regard
to the request of Texas delegates for the release of one John Jay Smith.)

I also recommend that the naval commander there have authority to
hire, when a demand should occur for its use, a light-draught steamboat,
such a one as can be found at any time lying alongside the Bravo, that
boat being too heavy to get up the river except at high water. Then
the naval detachment could really be of use in suppressing raiding, and
could reach objective points up the river. The gunboats furnished her
are also too deep for this purpose.

In connection with this matter, I beg to call the attention of the Secretary
of State to the evident and recent change in the demeanor of the
local and revolutionary authorities along the Mexican borders adjacent
to this department. As long as President Juarez or Lerdo were in authority
at the center of Mexico, and when the border State authorities
pretended to defer to those central governments, there was some respect
and good-will shown to the American agents and military commanders
along the Rio Grande; but since the last revolution in Mexico the worst
elements seem to have come to the surface, and instead of respect, or
cordiality between the local and revolutionary authorities and that of
our government, there is often open and undisguised hostility.

The condition of affairs on this frontier is such as to call for serious
consideration whether it is not now necessary for this government, for
the protection of its citizens along the border, to do something besides
act as spectators of the contest between guerrilla leaders for mastery in
contiguous States of Mexico. Our citizens are being now plundered
more than has been customary by the bands of Indians from the opposite
side, some of whom exhibit passes from the local authorities, and
there seems to have been an offensive alliance entered into between
them and the local governor of Coahuila.

Recently, when I learned that the alcalde at Piedras Negras had arrested
a couple of guides who had been employed as trailers to follow
raiding-bands across into Mexico under authority from the general commanding
the army, and who, I learned, would probably be executed, I
telegraphed for their status. (See reply marked A.) I then directed
formal application for their release, and Colonel Schofield informed me
that the alcalde refused, stating that his orders were to imprison all
who had guided us in Mexico, (see telegram marked B,) upon the principle
that if two of our Crow Indian guides was in the hands of the
Sioux, we would deserve and receive no respect from the Crow allies or
any other if we did not make every effort to release our guides. I telegraphed


139

the commander of the district to use his available troops
promptly to secure their release, but as the present governor is reputed
energetic and prompt in shedding the blood of prisoners, I fear the
efforts to release them will be futile. General Devin reports that Canales,
who has control at Tamaulipas, has shown no courtesy or friendly
disposition toward the Americans. His reputation as a cruel, bad man
is even worse than that of Cortina.

In Chihuahua I learn that there is a contest for control waging between
Trias, aided by the wild Indians and other desperate adventurers,
and the parties claiming to act under the Diaz faction. The
probabilities are that Trias will win.

I should add, in explanation of the matter of the guides, that a few
months since, when Colonel Shatter employed the Mexican guides, the
authorities then in power were disposed to encourage his pursuit of the
raiding Indians, and consented to his crossing into Mexico. The services
of the guides were secured, I believe, through the agency of the
American consul, Mr. Schuchardt, who furnished the information lately
that they would probably be summarily executed. (See General Schofield's
dispatch, C; since writing the above, the dispatch received marked
D, and one sent marked E.

Very respectfully, your obedient servant,
E. O. C. ORD,
Brigadier-General, U. S. A., Commanding.
ASSISTANT ADJUTANT-GENERAL,
Military Division of the Missouri, Chicago, Ill.:

P. S.—I would respectfully refer to General Thomas L. Kane, of
Kanesville, Pa., who recently visited this country and Coahuila, Mexico,
for his views, and to some extent as witness to the terrorism among the
frontier settlers on account of the continued raiding and frequent murders
committed by the Indians from Mexico.

Respectfully, &c.,
E. O. C. ORD,
Brigadier-General, Commanding.

[Telegram.]

WAR DEPARTMENT,


Dated Received at

To TAYLOR, A. A. G.,
San Antonio:

Detachment of Eighth Cavalry, from Ringgold, with hide-inspector,
captured three cattle-thieves, with seventy head of stolen stock.

DEVIN, Commanding.

[Telegram.]

HEADQUARTERS, DEPARTMENT OF TEXAS,

Colonel SHAFTER,
Commanding District Nueces, Clark:

Send the following to Colonel Taylor, or Post-Commander Duncan:
Shafter telegraphs that his two late guides are seized and in danger at
Piedras Negras. See authorities and call attention that this indicates a


140

determination on their part to protect the raiding Indians. Say that I
act by authority from Washington when I pursue them with view to
punish them and recover their booty; that parties protecting them become
like the principals in the robberies, and will be so considered. I
have telegraphed Shatter to say to Shuchardt that if the guides claim to
be American citizens, he, Shatter, must protect them. Use your discretion
in communicating the last information to the authorities, for if it
becomes necessary to take summary action, perhaps better not name
them.

ORD, Brigadier-General.

[Telegram.]

To General ORD,
San Antonio:

If telegram from Schofield, which I expect to-night, indicates danger
of execution of the men, I will be at Duncan to-morrow with Colonel
Shafter and sufficient force to release the men. I will give Colonel
Shafter the necessary orders in writing, and accompany the troops.

TAYLOR, A. A. G.

[Telegram.]

To General ORD,
San Antonio:

Schuchardt thinks if the demand for release is made by me, as you direct,
the authorities will give the men up. I believe they will.

SCHOFIELD.

[Telegram.]

To General ORD,
San Antonio:

They are in prison at Piedras Negras, held as traitors.

SCHOFIELD.
Schuchardt is in office.

To General ORD,
San Antonio:

Saw authorities at Piedras Negras last night, but made no positive
demand and no threat. They are decidedly firm, and are acting by
authority of governor of State at Saltillo. Governor was notified, by
courier, two days ago, of arrest. From this I judge the men will not
be sent off unless we alarm them. The governor's order did not designate
these two men by name, but was general; regard to all who had
guided United States troops into Mexico. Full particulars telegraphed
Shafter.

SCHOFIELD.


141

[Telegram.]

General ORD,
San Antonio:

Schuchardt says the authorities will give the guides a sham trial and
then shoot them.

I will visit Piedras Negras to-night and see the authorities, under
your instructions.

SCHOFIELD.

[Telegram.]

To ORD, Brigadier-General:

I arrived here with Shafter last night at 10.30 o'clock. At 2 a. m.
Shafter moved up the river with three companies of cavalry and crossed
Rio Grande with view of moving down and occupying rear of Piedras
Negras at early dawn. As soon as we could see to move intelligently,
Schofield crossed with two companies of infantry. I accompanied the
latter command We were challenged and threatened by small party,
but no other opposition was made. The detachment landed and moved
rapidly, occupied the main plaza, seizing the jail in which the prisoners
were supposed to be confined. The door of cell was found open, as well
as the main entrance, and the jail deserted. Shortly afterward the cavalry
came in from the rear. The prisoners had, I think, been removed
in the early part of the night. The Mexicans, having learned that interest
was taken by United States authorities in the men, were no doubt
on the qui vive, and had confederates on this side to give warning. I
do not think any better arrangements than those adopted could have
been made. As soon as the fact was discovered that the prisoners had
been removed the town was evacuated. While held, no violence was
done to any citizen. No shot fired. Everything was conducted in the
most orderly and soldierly manner.

TAYLOR, A. A. G.

[Telegram.]

HEADQUARTERS DEPARTMENT OF TEXAS,

To Colonel TAYLOR, Fort Duncan:

Send promptly, through alcalde of Piedras Negras, to the governor of
Coahuila, this:

"The department commander of Texas has learned with surprise that
the governor of Coahuila has ordered the arrest of two men who acted
as guides to a party of United States troops in pursuit of wild Indians,
who were taking refuge in the mountains of Mexico with stock stolen
from the United States. That injuries to these guides for services done
the United States Government on an expedition which was undertaken
with the consent of the de facto commander of the Mexican forces of
the district, cannot but be regarded as a declaration on the part of the
present governor to co-operate with the wild Indians, refugees from the


142

United States, in their depredations upon this territory, and will be so
reported to the President."

Sign by order. State that this letter is telegrahped.
ORD.

[Third indorsement.]

HEADQUARTERS MILITARY DIVISION MISSOURI,

Respectfully returned to the Adjutant-General of the Army, calling
attention to the objections of General Ord, stated in the inclosed report.

P. H. SHERIDAN,
Lieutenant-General, Commanding.

[Fourth indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully returned to the Secretary of War, with copy of General
Ord's report for the Department of State.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information the inclosed
copy of a report made by General E. O. C. Ord, commanding Department
of Texas, on a communication from the Department of State, dated
the 21st ultimo, inclosing a copy of a dispatch dated 9th March last,
from the United States consul at Matamoras suggesting the withdrawal
of the United States gunboat Rio Bravo.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

DEPARTMENT OF STATE,

SIR:

I have the honor to acknowledge the receipt of your letter of
the 19th instant inclosing a copy of a report of General E. O. C. Ord in
regard to a suggestion made by Mr. Thomas Wilson, consul of the United
States at Matamoras, that the gunboat Rio Bravo be withdrawn from that place.

I am, sir, your obedient servant,
F. W. SEWARD,
Acting Secretary.
Hon. GEO. W. McCRARY,
Secretary of War.

DEPARTMENT OF STATE,

SIR:

Referring to your letter of the 19th ultimo, with a report to you
from General E. O. C. Ord, which gives an account of the arrest, by
Mexican authorities, of two men who acted as guides to the United


143

States troops in pursuit of wild Indians, and to his action in reference
thereto, I will thank you to furnish me with any further information
which you may have received on that subject. This is desired in consequence
of a note recently addressed this department by the Mexican
minister at this capital.

I have the honor to be, sir, your obedient servant,
WM. M. EVARTS.
Hon. GEORGE W. McCRARY,
Secretary of War.

[First indorsement.]

ADJUTANT-GENERAL'S OFFICE,

Respectfully returned to the Secretary of War with the information
that this office has not received any further correspondence relating to
the subject.

E. D. TOWNSEND,
Adjutant-General.

WAR DEPARTMENT,

SIR:

In reply to your letter of the 1st instant, asking for further information
concerning the arrest, by Mexican authorities, of two men
who acted as guides to United States troops in pursuit of Indians, of
which you were informed by letter of the 19th ultimo from this department,
I have the honor to state that no additional correspondence on the
subject has been received. When anything further transpires as to this
matter, it will be communicated to you.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

[Telegram.]

SAN ANTONIO,

DRUM,
A. A. G., Chicago, Ill:

Following just received from Devin, at Brownsville:

"On yesterday, at 2 a. m., Canales was sent under guard to Boca del
Rio, where he will proceed by Mexican Government steamer to Vera
Cruz. It is said by the escort that he is to be confined in the castle of
San Juan de Ulloa, by order of the minister of war.

"ORD,
"Brigadier-General."

WAR DEPARTMENT,

SIR:

I have the honor to transmit herewith, copy of a dispatch from
General Ord, of the 10th instant, stating that Canales has been sent to


144

Boca del Rio, and that it is said by the escort he is to be confined in the
castle of San Juan de Ulloa.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

SIGNAL-SERVICE, U. S. A.,


Dated

TAYLOR, A. A. G., Department Tex.,
San Antonio, Texas:

The following dispatch received yesterday from Castroville: "Party
of thirty-five Indians and Mexicans raided through Quihi Hondo and
New Fountain last night, carrying off two hundred head of horses.
Trail moving southwest; crosses line eight miles below here."

Immediately upon receipt of this dispatch, Lieutenant Stevenson, with
forty men, has been ordered to the Nueces, about sixty miles southeast
of Duncan. Company B, Tenth Cavalry, is at Duncan ready to start in
any direction required. Orders were also sent to Lieutenant Van Vliet,
in Frio Cañon, to go to Dhanis, take the trail and follow it. Rangers
in Nueces Cañon and people at Frio City also notified. Three companies
cavalry near here, one company at San Felipe and Bullis, between mouth
of Devil's River and Pecos, ready to start as soon as I can get definite
information as to the point they are bearing for.

SHAFTER, Commanding.

[Telegram.]

FORT CLARK,

To TAYLOR,
Assistant Adjutant-General,
Department Texas, San Antonio:

Following telegrams received: Lieutenant Dolan, Texas Rangers,
says, "I followed the Indian trail near Pendencia; rained hard, and
put out trail; think they crossed below Presidio. They have about
thirty-five horses to my knowledge; may have had more; Indians had
a fight with citizens at Lumaville, in which one Indian and one white
man was killed." Schofield says courier in from Stevenson says several
bands Indians in vicinity of Cariza; followed one trail of twelve, but
lost it in heavy rain-storm. Indians in small parties are hidden in thick
brush, watching chance to steal stock; thinks he can catch some of
them there. Telegrams were received on 26th. Today Van Vliet
reports from Frio City: "The recent raids in this section have been
committed by a party of six Indians, who, commencing at Quilie, worked
southward along the Pecos. They were pursued from Lona by a party
of herders southwest, and one of their number killed fifty miles from
here, and thirty head of stock recaptured. This occurred on the 23d
instant. The Indians were scattered and could not be overtaken, since
which time trail has been entirely washed out." Stevenson, with forty
men of Company K, Eighth Cavalry, and Coleman's company, is now on


145

the Nueces, trying to hunt up Indians hiding there. Boyd, with Company B,
Eighth Cavalry, is scouting along the river thirty-five miles
below Duncan, toward mouth of San Pedro; don't think they will get
off with much stock.

SHAFTER, Commanding.

[Indorsement.]

HEADQUARTERS MILITARY DIVISION OF THE MISSOURI,

Respectfully forwarded to the Adjutant-General of the Army.

As I have heretofore had occasion to observe, the Rio Grande is a very
long and difficult frontier to protect, and notwithstanding the activity
of our troops, it is found almost impossible, with the means at hand, to
prevent these marauding incursions from Mexico; and I recommend
that the proper authorities take some steps to require the Mexican Government
to aid in the protection of that frontier.

P. H. SHERIDAN,
Lieutenant-General, Commanding.

WAR DEPARTMENT,

SIR:

I have the honor to transmit for your information a copy of a
report of Lieut. Col. W. R. Shafter of a raid by Mexicans and Indians
in Texas, carrying off two hundred head of cattle, and beg to invite
your attention to the remarks of Lieutenant-General Sheridan indorsed
thereon.

Very respectfully, your obedient servant,
GEO. W. McCRARY,
Secretary of War.
Hon. SECRETARY OF STATE.

HEADQUARTERS DISTRICT OF THE NUECES,

SIR:

I have the honor to report that on the 22d of April I received
the following dispatch from the telegraph operator at Castroville, Tex.:
"Party of 35 Indians and Mexicans raided through Quihi, Hondo, and
New Fountain last night, carrying off 200 head horses. Trail moving
southwest; crosses line eightmiles below here." I had for fifteen days
known that several parties of Indians on foot had crossed from Mexico
into Texas, but as it was impossible to tell where they would first strike,
or where they would go out, I held the cavalry in camp and at the posts,
(with the exception of parties in Frio and Sabinal Cañons,) until I should
hear from them.

Upon receiving the above dispatch, I sent the following order to commanding
officer Fort Duncan, Texas: "Send Stevenson or James with
40 men, Company K, Eighth Cavalry, 10 days' rations, on pack-mules, at
once to Cariza via Pendentia. On arriving at Cariza the commanding
officer will send a detachment of 15 men down the road about twenty
miles toward Fort Lowell; he with the rest of his men to go east toward
the Nueces. Let him notify the people at the Pendentia and Cariza of
this Indian raid, and request them to send any information of Indians at

H. Ex. Doc. 13—10


146

once to you and to his party. The detail going toward Lowell can remain
in camp one day at the point indicated and then return to the
Cariza. The officer going to the Nueces should scout up from the point
where he strikes it, about thirty-five miles, and then return by the same
course to the Cariza. If by that time the Indians have not passed out,
he can return to Duncan."

The object of sending Stevenson to the Nueces and down the road
toward Fort Ewell, (crossing of Loredo and San Antonio road,) was to
intercept the Indians if they attempted to get out of the country, between
Loredo and Duncan, and also to strike the trail as far in the
interior as possible. The Indians crossed the road from Cariza to Fort
Ewell, a few hundred yards of the place the sergeant was ordered to
camp, and Stevenson with his whole detachment was on the trail but a
few hours (four or five) behind them, with eight cattle-men from Cariza,
with every prospect of overtaking them, when unfortunately heavy rain
set in, that completely obliterated the trail, and before he could again
get news of the Indians they had been several days safe in Mexico.
The order given Lieutenant Stevenson to return to his post, after making
the scout ordered, if nothing had then been heard of the Indians, was
because I knew that if they had not by that time passed by him they
would not, but would go out above Duncan, as they always have, for the
last five years. On April 26, the following dispatch was received from
Major Schofield, commandng Fort Duncan:

"Mexican guide, who returned from Stevenson, says he saw Indian
signs, and that word was coming from every direction of Indians in
little parties. They are, no doubt, detachments from the main body
that struck near Castorville."

I at once started Lieutenant Boyd, with Company B, Eighth Cavalry,
down the Rio Grande to about the point I thought it likely the Indians
would cross, and gave him the following order:

"You will start at once with all the available commissioned officers
and men of your company, B, Eighth Cavalry, provided with ten days'
rations, and march toward Duncan, on the main road, as far as possible.
To-morrow morning you will continue your march to Duncan, and then
down the river to the Pequasche; from there you will commence to scout
along the river to the mouth of the San Pedro, a few miles below Las Iselitas.
Should the Indians cross, and you find the trail, do not hesitate to follow
them into Mexico, if the trail is fresh. It will, however, not be advisable
for you to go too far with your company, as two days' marches
leave several large towns in your rear. Should the trail, if found, indicate
that a large herd of stock has been taken out, notify Major Schofield
by carrier at once."

I also sent the following instructions to the commanding officer Fort
Duncan:

"Send Orleman out with Company B, Tenth Cavalry, to Cariza, via
Pendentia, to report to Stevenson; he should have a lieutenant with
him, and leave him and about twenty of his men at Pendentia to scout
in that vicinity for parties that may be hanging about there. Citizens
will assist, I am quite sure. Dolan, of the rangers, telegraphs me
to-night that he followed trail to near Pendentia, but lost it in heavy
rain. Boyd's company will be down tomorrow to scout along the Rio
Grande from Pequasche, thirty-five miles below Duncan, to the Gardens,
which are sixty. Indians crossing below Duncan have always
before crossed between those points. Notify Stevenson where he is to
expect him, should he follow trail toward river."


147

On the 30th I received the following dispatch from commanding officer
Fort Duncan; carrier from Stevenson:

"Indians crossed in two parties, large party on Monday the 24th, and
small party on Wednesday, point about seventy miles from Duncan;
says Indian raiders are now in Santa Rosa Mountains, as reported by
Mexicans, and thinks it useless to follow. Boyd joined 'Stevenson, and
now together. Boyd says: 'Do not think I can overtake them; some
stolen horses are reported brought into Presidio del Rio Grande; they
will try to recover them.'"

I have other information of the crossing on 24th or 25th, and on the
same date from Mr. Schuchardt: "Two droves of horses arrived at
Pejotas, thirty miles below Saragossa, one by Indians and other by
Areola."

As it was useless to follow into Mexico with any hope of overtaking
the Mexican thieves and Indians, unless I was prepared to follow them
into the towns and come in conflict with the Mexican authorities, and
which I did not feel authorized to do without positive instructions, I,
after informing the commanding general of the department of the situation,
ordered the pursuit to cease, in accordance with his instructions.

The damage done in this raid is, as near as can be ascertained, 2 men
killed and about 100 horses stolen, with 1 Indian killed and 35 horses
retaken by a party of cattle-men that happened to strike the Indians.
This raid was deliberately planned by the Indians and their Mexican
advisers near Saragossa, and so openly was this done that from several
persons there in Saragossa I was notified of their intentions.

As they were to cross on foot, it was impossible to do anything to
avert the raid or to strike the Indians until they should show themselves,
except to station small parties in the Sabinal and Frio Cañons,
points usually visited first by them.

This was done, but on this raid the Indians that crossed above passed
by the head of the Frio and Sabinal, and commenced the raid in the
Hondo. A small party of Mexicans or Indians crossed below Duncan,
but just where they operated I have been unable to find out, but from
the fact that they cut a piece (ten feet) out of the wire and carried it on
the trail for about a mile, the probabilities are that there were either
Mexicans in the party or that they had instructed the Indians as to what
to do to disable the line.

Pursuit of raiders from Mexico to the Rio Grande has, with rare exception,
been unavailing.

Under the government of Lerdo de Teja, there has been full and free
consent, on the part of the civil and military authorities on this frontier,
for our troops to cross in pursuit, and under this authority considerable
scouting was done on the Mexican side of the Rio Grande last summer
and winter, resulting in killing and capturing several Indians, and
retaking considerable amount of stock. I have been assured that, as
soon as the present revolutionary government is overthrown, United
States troops will be invited to pursue any and all marauders without
regard to the boundary between the United States and Mexico.

Herewith inclosed I have the honor to transmit reports of commanding
officer Fort Duncan, Lieutenants Stevenson and Boyd, Eighth
Cavalry.

I am, sir, very respectfully, your obedient servant,
W. R. SHAFTER,
Lieutenant-Colonel Twenty-fourth Infantry,
Commanding District Nueces.

ASSISTANT ADJUTANT-GENERAL,
Department of Texas, San Antonio, Tex.


148

HEADQUARTERS FORT DUNCAN,

SIR:

I have the honor to submit the following report of a scout after
marauding Indians and Mexicans, made from this post pursuant to telegraphic
orders from headquarters District of the Nueces:

First Lieut. J. D. Stevenson, Company K, Eighth Cavalry, with forty
men of his company, left the post at 1 o'clock a. m. April 23, for
the Carisa, by way of Pendencia, with orders to scout the country
thoroughly to the Nueces, and up that stream at least thirty-five miles,
unless the parties sought for or their trail be found sooner; also to scout
down the Fort Ewell road at least twenty miles. Full written instructions
were given Lieutenant Stevenson in regard to pursuing, capturing,
or killing any Indians or Mexicans he might overtake with stolen stock
in their possession; also to cross into Mexico should he be in pursuit of
such parties and close behind them.

On the evening of April 26, about 8 o'clock, a courier reached the post
with a dispatch from Stevenson, stating that small parties of Indians
were in his vicinity, (on Carisa,) and that he had pursued one party of
twelve for several miles, and had lost the trail in heavy rain. This
information was at once communicated by telegraph to the district commander,
and at the same time Lieutenant Orleman, Company B, Tenth
Cavalry, with thirty-five men of his company, was ordered to be ready in
the shortest possible time, with ten days' rations on pack-mules, to start
after these Indians. Lieut. W. H. W. James, Twenty-fourth Infantry,
volunteered, and was ordered to accompany Lieutenant Orleman and to
report to Lieutenant Stevenson should he come up with that officer.

This detachment was promptly in the saddle, and at about 10.30 p.
m. (April 26) left the post. An hour later a telegram was received
from district headquarters giving further information in regard to movements
of marauding Indians and Mexicans, and directing me to have
Lieutenant Orleman join and report to Lieutenant Stevenson. A courier
with this information and order was at once dispatched to overtake
Lieutenant Orleman, which he did, returning to the post at 3.30 a. m.
Nothing was again heard from the commands until the morning of
April 29, when a brief dispatch from Lieutenant Stevenson reached me.
This was sent from a point on Peña Creek, and announced that Mexicans
from the Rio Grande reported that a large party of Indians had
crossed that river from this side on the 25th at a point about forty miles
north of Laredo, and stating that, to make sure as to correctness of this
report, he would at once with both companies start across country to
the Rio Grande and see for himself, which he did. At 9.30 a. m., April
30, another dispatch was received from Lieutenant Stevenson, by the
hands of Don José Martinez, which was dated at Martinez ranch (on
the Rio Grande) April 29, and which gave the information that a small
party with stolen horses had crossed into Mexico on the 26th and a
large party on the 24th, (since ascertained to have been on the 23d,) the
former near Yemgas ranch, sixty miles below this post, and the latter
some distance still further down.

In this dispatch Lieutenant Stevenson expressed the opinion that it
would be useless to attempt to follow these parties, as they had five and
seven days, respectively, the start of him. In this opinion I concurred,
and telegraphed to district headquarters asking if I could order the
detachments to return, which was authorized. On the 27th of April,
Lieutenant Boyd with Lieutenant Ellis and Company B, Eighth Cavalry,
under orders from the district commander, reached this post, and on
the following morning started down the Rio Grande to scout toward


149

Laredo. Meeting Lieutenant Stevenson and learning from him that the
Indians had crossed into Mexico, Lieutenant Boyd returned from Martinez
ranch.

Both commands arrived at the post on Monday, May 1, and on the
day following, Lieutenant Stevenson, with his company, marched to
Fort Clark, and Lieutenant Boyd, with his company, for his camp on
the Pinto, as ordered by Lieutenant-Colonel Shafter, commanding district
of the Nueces. I am satisfied that these officers did all in their
power to accomplish the objects sought. Circumstances were against
them. Unusually heavy rains, which flooded the country, obliterating
trails, prevented Lieutenant Stevenson from continuing a pursuit that
promised success, and considerably delayed the other companies in their
movements.

Shortly after the first detachment of cavalry left the post it was reported
that the telegraph line between this post and Fort McIntosh was
broken, and had been for several days. A small party was sent out
along the line to find the break and repair it. This party returned on
the 29th of April, reporting that the wire had been found cut, and a piece
carried away from the line about five hundred yards, and that many
tracks of unshod ponies were found, and by these tracks the piece of
wire was discovered. The party also found one telegraph-pole entirely,
and another partially, burned down. Two Mexicans, met near there,
said Indians crossed from Mexico several days before and cut the wire;
that they saw them do it, and that then they started northeast into Texas.
It is more than probable that there were Mexicans with this party of
Indians. The piece of wire was taken out just this side of the forty-first
mile pole, the poles being numbered from Fort Duncan.

Señor Martinez, who brought the dispatch of April 29 from Lieutenant
Stevenson, informed that one of the parties that returned into Mexico
with horses stolen from Texas was headed by Ariola, a well-known Mexican,
who was at one time alcalde of Newtown. Martinez did not himself
see Ariola, but got the information from a partisan of his, one Wencesla
Yomez, who said he saw Ariola at Peyotes with a party of Mexicans
and a lot of stolen horses; at the same time a party of Indians was
near there with a large lot of horses, stolen from Texas. Martinez expressed
perfect confidence in Yomez, and the correctness of his report.
Mr. Schuchardt, United States commercial agent at Piedras Negras, who
was present at the interview with Señor Martinez, also gave credence
to the report. He knows Martinez well, and thinks his statements can
be relied on.

In this connection, and in reference to the marauding parties having
a "passport" from Mexican authorities, I respectfully invite attention to