No. 275.

Mr. Nelson to Mr. Fish

No. 336.]

Sir: On the 4th instant I addressed a note to the secretary for foreign affairs, in which I inclosed a copy of your dispatch dated December 12, 1870, relating to the depredations committed by bands of hostile Indians, chiefly located in the Guadalupe Mountains, upon the settlements of the Rio Grande from Paso del Norte downward. I also inclosed a copy of a communication from the Secretary of War to the Department of State, dated December 7, 1870, on the same subject. In compliance with my instructions, I asked the Mexican government to consent to adopt the suggestions of the Secretary of War in respect to the said Indians, and to authorize the government of the State of Chihuahua to communicate and co-operate with the commander of the sub-district of the presidio at Port Davis, and, if necessary, to permit the troops of the United States to follow the Indians into Mexican territory and, with the aid of the Mexican troops, to intercept the Indians in their flight. In view of the emergency, requiring immediate action in the premises, I invoked the favorable answer of the Mexican government with as little delay as possible, (A.)

On the 7th instant, Mr. Lerdo replied that, desiring to co-operate so far as depends upon the executive in the plan proposed in my note and the inclosures, the President has decided to authorize the government of the State of Chihuahua to communicate with the commander of the sub-district of the presidio at Fort Davis, and to co-operate with him toward the success of the proposed plan, causing the forces which the governor of Chihuahua may employ for the purpose to intercept the flight of and to pursue the said hostile Indians who may flee to Mexican territory. With this object, Mr. Lerdo says he has communicated this authorization to the governor of Chihuahua, and also to the war department, recommending to the latter that, in order to take advantage of the present winter season, the said governor should be charged to lend efficient co-operation to the proposed plan with all the forces at his disposal. In regard to the permission for the troops of the United States to follow the said Indians into Mexican territory, the secretary adds that the executive has not the power to grant it, as the constitution of Mexico reserves that right to congress, which is not now in session, but will again meet on the 1st of April next, and that if I will then make it known that such permission is still desirable the subject will, in that case, be submitted to that body, (B and C.)

In this connection I beg leave to call the attention of the Department of State to the proposition of the Mexican government contained in the note of the secretary for foreign affairs, dated April 16, 1870, which was inclosed in my dispatch No. 216, (bis,) concerning the removal of certain fragmentary bands of Indians from Mexico to their proper reservations [Page 611] within the territory of the United States. In that note Mr. Lerdo said that “the government of Mexico can co-operate with pleasure in furthering the object of the Government of the United States of America, an object both just and humane, the preventing of the depredations which the scattered bands of Indians are in the habit of committing on the frontier. This co-operation can consist in this, that if the Government of the United States should think proper to give notice of the time and place of the arrival on the frontier of the agents who may be sent to visit and unite the scattered bands of Indians, the government of Mexico would, at the proper time, place a force at the point designated to give to such agents the aid desired.”

It is to be hoped that the Congress of the United States, during its present session, in the interests of humanity and for the peace and prosperity of the frontier, will make the necessary appropriation for the removal of the said Indians from the soil of Mexico to their reservations within our own territory.

Your obedient servant,

THOS. H. NELSON.

Inclosures.

A.—Mr. Nelson to Mr. Lerdo.

B.—Mr. Lerdo to Mr. Nelson.

C.—Mr. Lerdo to Mr. Nelson. (Translation.)

A.

Mr. Nelson to Mr. Lerdo

Sir: I have the honor to inclose a copy of a dispatch from the Secretary of State of the United States, dated December 12, and also a copy of a communication from the Secretary of War of the United States, dated December 7, both of which relate to the depredations committed by bands of hostile Texan Indians, chiefly located in the Guadaloupe Mountains, upon the settlements of the Rio Grande, from El Paso to Del Norte.

The Secretary of War states that his Department is compelled to authorize military operations against these Indians, which can only be successfully carried on in the winter season; that they can be driven from their haunts, but that they will flee to Mexican territory, and that therefore it becomes necessary to seek the co-operation of the authorities of the republic of Mexico. The Secretary of War further says that if the national government of Mexico will authorize the government of the State of Chihuahua to communicate and co-operate directly with the commander of the sub-district of the presidio, whose headquarters are at Fort Davis, in the State of Texas, permitting, if need be, the troops of the United States to follow the Indians into Mexican territory, and using the Mexican troops to intercept the Indians in their flight, it is expected that a winter campaign will so cripple the power and subdue the spirit of the marauders, as to afford sensible relief from apprehension of danger and actual loss of life and property to the exposed citizens of both countries.

The said Secretary is advised that the authorities of the State of Chihuahua are favorably disposed toward the plan indicated, and that if the necessary order and authority can be obtained without delay, for their direct co-operation, it will enable the operations to be pursued this present winter.

In compliance with the instructions of the Department of State of the United States, I respectfully request that your excellency’s government will consent to adopt the suggestions of the Secretary of War, in respect to the said Indians, and to authorize the government of the State of Chihuahua to communicate and co-operate with the commander of the sub-district of the presidio, at Fort Davis, and if necessary to permit the troops of the United States to follow the Indians into Mexican territory, and with the aid of the Mexican troops to intercept the Indians in their flight.

In view of the emergency which requires immediate action in the premises, I beg leave to invoke the favorable answer of your excellency’s government with as little delay as possible.

I have the honor, &c.,

THOMAS H. NELSON.
[Page 612]

C.

[Translation.]

Mr. Lerdo to Mr. Nelson

Sir: I have the honor to reply to year excellency’s note of the 4th instant, with which you sent me annexed copies of a dispatch from the honorable Secretary of State, and of a note from the honorable Secretary of War of the United States of America, dated respectively the 12th and the 7th of December last, both relating to the depredations committed by bands of hostile Texan Indians, chiefly located in the Guadalupe Mountains, upon the settlements of the Rio Grande from Paso del Norte downward.

In these two notes the necessity is set forth of undertaking military operations against those hostile Indians, which can only be successfully carried on in the winter season; the probability that, on being pursued, those hostile Indians would take refuge in Mexican territory; the necessity of seeking the co-operation of the authorities of the State of Chihuahua; the convenience of their being authorized by the national government of Mexico to communicate and co-operate with the commander of the sub-district of the presido, whose headquarters are at Fort Davis, in the State of Texas, permitting, if need be, the troops of the United States of America to follow these hostile Indians into Mexican territory, and using the Mexican troops to intercept them in their flight, and the information had that the authorities of the State of Chihuahua are favorably disposed toward the plan indicated.

Desiring to co-operate, so far as depends upon the executive of Mexico, in the plan proposed in your excellency’s note and its in closures, the President has decided to authorize the government of the State of Chihuahua to communicate with the commander of the sub-district of the presidio, whose headquarters are at Fort Davis, Texas, and to co-operate with him toward the success of the proposed plan, causing the forces which the said governor of the State of Chihuahua may employ for the purpose, to intercept the flight of and to pursue the said hostile Indians who may flee to Mexican territory.

With this object I communicate this authorization to the governor of the State of Chihuahua, and also to the War Department, recommending to the latter, that in order to take advantage of the present winter season, it immediately charge the said governor to lend efficient co-operation to the proposed plan with all the forces at his disposal.

As to the permission for the troops of the United States of America to follow the hostile Indians who may flee into Mexican territory, the executive has not the faculty to grant this permission, as the constitution of Mexico reserves it to congress, which is not now in session, but will again meet on the 1st of April next. Therefore, if your excellency shall then make known that such permission is still desirable, it will in that case be submitted to congress.

I have the honor, &c.,

S. LERDO DE TEJADA.