No. 450.
Mr. Hunter to Mr. Foster.

No. 682.]

Sir: The consul of the United States at Chihuahua having, in a dispatch written in July last, stated that Indians from the reservations of Arizona and New Mexico were in the habit of making predatory raids into the State of Chihuahua, carrying off much stock, and murdering citizens of Mexico, the Secretaries of the War and Interior Departments were addressed upon the subject. In reply, a letter has been received from the former, accompanied by a report from the commanding officer of the Department of Missouri, copies of which are herewith inclosed for your information. Embodied in the report of the Commanding General of the Department of the Missouri is a communication of Colonel Hatch, Ninth Cavalry, from which it appears that not only are the people of Mexico occasionally afflicted by incursions of roving bands of Indians from the United States, but that this country likewise suffers from the raids of Indians domiciled in the States of Chihuahua and Sonora, who have taken up their abode there from the United States, and Colonel Hatch suggests that the Mexican authorities should co-operate with the officers of the United States Army in returning these Indians to their proper reservations.

You are Instructed to take an early opportunity to urge upon the Government of Mexico the propriety of co-operating with the military forces of the United States in suppressing Indian raids upon the border, and returning to their proper jurisdictions Indians who may have strayed from the territory of one nation into that of the other, especially those referred to in the letter of Colonel Hatch, now sojourning in the States of Chihuahua and Sonora.

I am, &c.,

W. HUNTER,
Acting Secretary.
[Inclosure 1 in No. 682.]

Mr. McCrary to Mr. Evarts.

Sir: Acknowledging the receipt of your letter of the 13th ultimo, transmitting copy of dispatch, from the United States consul at Chihuahua, relative to raids into [Page 709] Mexico by Indians from Arizona and New Mexico, I have the honor in reply to inform you that the statement as requested has been made the subject of an investigation, and to invite your attention to the inclosed copy of report from Commanding General, Department of the Missouri, and accompanying papers, in relation thereto.

I have, &c.,

GEO. W. McCRARY,
Secretary of War.
[Inclosure 2 in No. 682.]

General Pope to Colonel Whipple.

Col. W. D. Whipple,
Assistant Adjutant-General, Chicago, Ill.:

Colonel: I have the honor to acknowledge the receipt by reference from your office of copy of a letter from the Secretary of State to the Secretary of War with indorsements thereon, relative to alleged raids of reservation Indians in New Mexico and Arizona into Mexico.

If the military authorities had charge of these reservations and control of the Indians on them, this reference of the subject-matter of these complaints would be quite just, and would properly be considered a severe reproach to the military, but it is certainly not unknown to the Secretary of State that Indian reservations and the Indians upon them are in no manner under the control nor subject to the supervision of the military authorities, and that unless the Indian agents in charge of such Indians and their reservations choose to inform the military officers of the absence or presence of their Indians, or of any purposes they have in view, the military officials are wholly without information until they hear of Indian raids and depredations from the parties injured, and at points far distant from their posts.

The reservation of the Mescalero Apaches (the only Indians in this department subject to this complaint) is 30 or 40 miles distant from Fort Stanton, the nearest military post, the garrison of which, under the orders of the President, has been occupied, for many months in aiding the governor of the Territory to suppress disorders, amounting to practical anarchy in several of the counties of that Territory adjacent to this post.

Even, however, if no such duty had been imposed upon it, the garrison is of necessity a small one, and being prohibited from demanding any information of the condition of affairs on the Indian reservations; of the passes and permits given by the agents; of the presence or absence of the Indians under such authority; of the arms and ammunition furnished them; of the amount or sufficiency of food given them; indeed, of their necessities of any kind, it is hard and, I venture to say, not entirely just, to hold the military responsible for the conduct of such Indians so situated.

If the Army be given control of this reservation, security against raids of any kind may be safely guaranteed. Under present circumstances this is simply impossible, unless a line of sentinels be placed around this great Indian reservation, with orders to permit no Indians to pass outside with or without authority from the Indian agent, a process manifestly impracticable with the small force of troops and the onerous duties already imposed upon them, or in view of the orders and authority of the military forces in the matter of Indian reservations.

The evils of this divided jurisdiction over Indians and Indian reservations on the frontier have been sufficiently manifest for many years, and great injury to the inhabitants of the whole frontier has been largely occasioned thereby, which has been pointed out in official communications almost as numerous as the outrages themselves.

The Indians and their reservations being exclusively under the control of the Indian Department, it is not clearly understood why complaints against them are not referred to the Indian Department, instead of the War Department.

Everything that can be done has been and will be done by the military to prevent these raids; but I would respectfully ask, what can be expected of the military, who are prohibited from exacting any information whatever of affairs on Indian reservations and from taking any precautionary measures whatever to prevent such raids.

It is the practice in Texas to attribute every Indian raid into that State to the few miserable Indians of the Mescalero reservation, and it has been made a very convenient scapegoat for all the depredations not prevented. It has been only recently (papers forwarded yesterday) that a party of five Lipan Indians from Mexico were followed into this reservation by a party of the Ninth Cavalry and one killed and the other captured. It was immediately reported from Texas that this party of Indians was [Page 710] from that reservation and had been into Texas, whereas the Indians belong in Mexico, and came from there through Texas, committing some depredations on the way. They were followed so closely by the troops that they were compelled to run into that reservation for safety. Nine-tenths of the reports concerning this reservation have as little foundation as this.

I will do, as indeed I have done, everything possible, considering the very unfortunate and embarrassing relation the Indian reservations bear to the military, to prevent such raids, and with the very insufficient force in New Mexico I can do no more. If the Mescalero reservation and the control of the Indians on it be turned over to the military authorities I will put a stop to all raiding or any absence of the Indian from his agency in very short order.

The letter of the Secretary of State above referred to will be sent at once to the commanding officers in the section of the country concerned, and every effort will be made to stop such raids if it be possible.

I would respectfully, however, here enter a protest against what I conceive to be a grievous injustice to the Army, viz, the practice of holding the military forces of the United States responsible in official communications for the conduct or the movements of Indians over whom and over whose reservations the military authorities have no more jurisdiction nor even supervision than over the doings of the street laborers of New York City.

In order that the subject, as it relates to the Mexican authorities may be clearly understood, I inclose in this connection a report just received from Colonel Hatch, commanding district of New Mexico.

Very respectfully, &c.,

JNO. POPE,
Brevet Major-General, U. S. A., Commanding.
[Inclosure 3 in No. 682.]

Report of Colonel Hatch.

Sir: I have the honor to forward copy of telegram from department commander of Arizona, requesting that the Indians now on Mexican soil be returned to commanding officer of the post most easily reached by Mexican authorities, or delivered to United States troops at some point the Mexican Government may designate on the frontier of New Mexico.

The band of Indians referred to are made up of renegade Indians from the Warm Spring, Chiriquis, and White Mountain Indians, and have for some years been domiciled in the States of Chihuahua and Sonora. They repeatedly raid in New Mexico, Arizona, and Texas, and when closely pursued by our troops take refuge in Mexico. If the troops were allowed to follow them their capture or destruction would follow.

Concert of action with the Mexican troops at the time they are committing depredations in New Mexico and escaping to the mountains of the State of Chihuahua, would end in their destruction. At present no arrangement for this end between the two countries, by concert of action, is probable, and I am under the impression the suggestion contained in telegram inclosed of General Willcox commanding department of Arizona, is the proper way to dispose of these Indians. Prior to the survey marking the boundaries of Mexico, the Apache Indian, looking upon the region on both sides as his country, was the common enemy of all civilization of this part of the continent. The country now being occupied by two nations has given him the advantage of securing a home when pushed by one or the other of the governments. John Ayers, referred to was long time Indian agent of these Indians, and, therefore, could readily recognize them.

The telegram is not distinct regarding L. H. Scott, American consul, but presume he is a business partner of Macmanus, of Chihuahua. These Indians were lately driven over the line by Major Morrow, commanding Fort Bayard, who visited a town, in Mexico near the line, of which the Mexican Government complained officially.

The Mexicans are sensitive regarding American troops following up hostile Indians on their trail. Therefore I respectfully ask the Mexican Government be requested to return these Indians as prisoners to United States troops, when they can be turned over to their proper reservation where the tribe is held.

Very respectfully, &c.,

EDWARD HATCH,
Colonel Ninth Cavalry, Commanding.
[Page 711]
[Copy of telegram received.]

(Received at Santa Fé August 12, 10.30 a.m.)

General Hatch,
Commanding Department of New Mexico, Santa Fé:

Following dispatch transmitted to you. General Willcox, now absent at San Francisco, suggests that you make application direct through the United States consul.

MARTIN,
Assistant Adjutant-General.

Assistant Adjutant-General,
Department Arizona, Prescott:

“John Ayers, formerly agent of Gila Apaches, at Tularosa, N. Mex., has just returned from Chihuahua with a band of cattle for San Cárlos, reports that he saw some Warm Spring Indians belonging to Ahoo’s band at Casa Grande. Saw about 25. Was told there were about 80 in all.

“Believe Mexican authorities would be willing to arrest and turn these Indians over to the United States officials, as they want them out of the country, as they steal cattle and commit other depredations.

“Additional particulars can be obtained from L. H. Scott, American consul and of McManus, at Chihuahua. Ayers thinks these Indians will cross the line and commit depredations upon our settlers residing in Arizona and New Mexico.

“STACY, Commanding.
[Indorsement.]

Respectfully forwarded to the adjutant-general of the army, inviting attention to previous indorsements from these headquarters on papers relating to this subject.

P. H. SHERIDAN,
Lieut. General, Commanding.