No. 300.

Mr. Nelson to Mr. Fish

No. 450.]

Sir: On the 21st instant I addressed a note to Mr. Mariscal, (A,) inclosing copies of a letter from General McCook, commanding the United States forces at Fort Brown, Texas, addressed to the American consul at Matamoras, and of a letter from the said consul to General Palacios, Mexican commander of the line of the Rio Grande, both relating to the alarming increase of a system of cattle-stealing by Mexican citizens on the Texan frontier, which, in the opinion of the writers, will result, if not speedily checked, in a predatory warfare eventually producing a conflict between the two nations.

General McCook further states that General Juan N. Cortina, the local military commander at Matamoras, is publicly charged with protecting the marauders and receiving a portion of the spoils; for which reason, after summarizing the opinions above expressed, and alluding to a record of numerous criminal indictments against the said Cortina, obtained by General McCook from various courts in Texas, and sent me by Consul Wilson, I intimated that the presence of Cortina on the frontier at this time is peculiarly unfortunate for the peace of the two countries. In this connection, I called Mr. Mariscal’s attention to my note of the 6th of May last, upon the similar case of the robbery of horses from Mr. Albert Champion, repeating the language I then employed, under instructions from the State Department, as to the probable consequences of such depredations, and concluded by reminding the Mexican government that I still awaited the results of the investigation promised in the said case of Mr. Champion.

At the same time, I addressed Mr. Mariscal an unofficial note, (B,) inclosing and calling his attention to several Texas papers, containing articles upon this subject; to which Mr. Mariscal replied in a confidential [Page 662] note, (C,) assuring me that measures would be adopted tending to remedy that situation.

On the 22d instant, Mr. Mariscal addressed me a note, (D,) postponing to another occasion his reply upon the subject of cattle stealing, but inclosing four documents of the investigation into the case of Mr. Champion, namely: a request made by Mr. Mariscal to the war department, (E,) for the return of the said horses to Mr. Champion; the reply of General Mejia, (F,) transcribing a statement of General Cortina to the effect that he had returned a portion of the horses by virtue of a power of attorney from said Champion; a note of Mr. Mariscal to the war department, (G,) requesting a copy of such power of attorney; and another note from General Mejia, (H,) inclosing the copy requested.

To these documents I add a translation of an article that recently appeared in a paper of this city, (I,) defending General Cortina from the charges of the Texan press.

In an interview which I have had with Mr. Mariscal for the purpose of urging speedy and decisive action upon this subject, he remarked that the President, upon reading my note and its inclosures, was profoundly impressed with the gravity of the situation.

There is no doubt in my mind of an anxiety on the part of the government to put a check to these lawless proceedings, but, unfortunately, the chief difficulty arises from its want of power to enforce its mandates in States remote from the capital.

I would earnestly suggest to the Government of the United States the pressing necessity of arriving at some understanding with the government of Mexico, such as will remove, or at least mitigate, the present alarming condition of affairs upon the frontier.

Your obedient servant,

THOMAS H. NELSON.

Hon. Hamilton Fish, Secretary of State, Washington.

Inclosures.

A.—Mr. Nelson to Mr. Mariscal.

B.—Mr. Nelson to Mr. Mariscal, unofficial.

C.—Mr. Mariscal to Mr. Nelson, unofficial.

D.—Mr. Mariscal to Mr. Nelson.

E.—Mr. Mariscal to war department.

F.—War department to Mr. Mariscal.

G.—Mr. Mariscal to war department.

H.—War department to Mr. Mariscal.

I.—Extract from Monitor Republicano.

A.

Mr. Nelson to Mr. Mariscal

Sir: I inclose a copy of a communication from General A. McD. McCook, commanding the United States forces at Fort Brown, dated August 2, 1871, addressed to the United States consul at Matamoras, and also a copy of a communication addressed by the said consul to General Miguel Palacios, the Mexican commander on the line of the Rio Grande, dated August 3, both of which relate to the system of cattle stealing that prevails on the northern frontier, which, if not speedily checked, may, in the opinion [Page 663] of General McCook and of the said consul, lead to predatory warfare on either side of the line, eventually producing a conflict between the two nations.

The excitement upon this subject is intense and increasing, and the offenders appear to be left in perfect impunity by the Mexican authorities. Indeed, it is alleged that they receive the protection of the Mexican General Cortina, whose antecedents, as proven by documents in my possession, render his presence on the frontier at this time peculiarly unfortunate for the peace of the two countries.

In this connection I beg leave to call your excellency’s attention to my note of the 6th of May last, addressed to Mr. Aspiroz, and take this occasion to repeat most earnestly the language I was then instructed by my Government to employ, namely, “that the frequency of acts of this kind, and the virtual impunity of the offenders, would seem to demand some more efficient check than any which the treaties between the two countries afford. It is obviously for the interest of both countries that the government of each should do whatever may be in its power toward restraining and discouraging such lawless proceedings, and it is hoped that the Mexican government may take efficient steps for that purpose. If, however, no such steps should be taken, it may become difficult to prevent retaliation by raids of armed parties from Texas into Mexico, which could not fail to peril the peaceful relations on the border.”

I would further remind your excellency that I am still awaiting, with great interest, the communication of the results of the investigation in the said case of Albert Champion, which was promised by Mr. Aspiroz in his note of the 9th of May last.

I improve this occasion again to renew to your excellency the assurance of my very high consideration.

THOMAS H. NELSON.

His Excellency Ignacio Mariscal, Minister of Foreign Affairs, Mexico.

B.

[Unofficial.]

Mr. Nelson to Mr. Mariscal

My Dear Mr. Mariscal: I send you some newspapers, recently received from Texas, containing articles relating to cattle stealing on the border, and the extraordinary conduct of General Cortina, to which I invite your attention.

Very truly yours,

THOMAS H. NELSON.

C.

Mr. Mariscal to Mr. Nelson

Private.]

My Dear Mr. Nelson: I received your letter of the 21st instant, with the accompanying newspapers from Texas, relative to cattle stealing on the border. The attention of the President has been called to that subject, and some measures will be adopted tending to remedy that situation.

Very truly yours,

IGNACIO MARISCAL.

D.

[Translation.]

Mr. Mariscal to Mr. Nelson

Sir: I have had the honor to receive your excellency’s note of yesterday, with its inclosures, relating to accusations of cattle stealing, said to have taken place on the frontier of Tamaulipas, in which connection your excellency repeats the statement [Page 664] which, by order of your Government, you made on the subject to this ministry in your note of the 6th of May last, and also informs me that you await with great interest the result of the investigation in the case of Albert Champion. Reserving for another occasion my reply upon the subject of cattle stealing, to which the inclosures and papers accompanying your note refer, and complying with your wishes in regard to the case of Mr. Champion, I have the pleasure of inclosing the most recent communications that have been exchanged in reference to the complaints of the party interested.

I take pleasure in renewing to your excellency, upon this occasion, the assurances of the very distinguished consideration with which I am your excellency’s obedient servant,

IGNACIO MARISCAL.

His Excellency Thomas H. Nelson, &c., &c., &c., Mexico.

E.

[Translation.]

Mr. Mariscal to War Department

Citizen Minister of War: As it appears from the report of General Cortina, which you have sent me, dated the 12th instant, concerning the robbery of some horses from Mr. Albert Champion, that only a portion of these horses were returned to him; you will please order the return of the remaining horses, and that the fulfillment of this order be forthwith reported.

Independence and liberty!

MARISCAL.

F.

[Translation.]

War Department to Mr. Mariscal

Citizen Minister of Foreign Affairs: General Juan N. Cortina, commanding the first brigade of Tamaulipas, in a dispatch of the 19th instant, writes me as follows: “In reply to your note of the 27th ultimo, I have to inform you that as I have no horses belonging to Mr. Champion in my possession, I cannot return any to him; since, although it is true that I returned him some of those which he is alleged to have lost, it was because they were in possession of certain persons who had bought them, and, through the influence of some of my friends, I succeeded in obtaining them, and ordered them to be delivered to the said Champion, by virtue of a power of attorney which that foreigner gave me to act for him in the recovery of the horses.”

And I have the honor to transcribe the above to you, in reply to and as the result of your dispatch on this subject, of the 23d of June last.

Independence find liberty!

MEJIA.

G.

[Translation.]

Mr. Mariscal to War Department

Citizen Minister of War: I have received your dispatch of the 31st ultimo, in which you have transcribed the report made to you by General Juan N. Cortina, concerning the robbery of horses from the American, Champion.

For the satisfactory termination of this question, you will please request of General Cortina a copy of the power of attorney to which he refers in his dispatch, recognized by Champion, and legalized by some judge or notary public.

Independence and liberty!

MARISCAL.
[Page 665]

H.

[Translation.]

Citizen Minister of Foreign Affairs: The citizen General Juan N. Cortina, commanding the first brigade of Tamaulipas, in a dispatch dated the 28th of August last, writes me as follows:

“I have the honor to send you a copy of the power of attorney which the foreigner, Champion, gave me in order to recover nine horses, which some bandits had robbed from him in the State of Texas.”

And I have the honor to transmit the above in reply to and as the result of your dispatch on the subject, dated August 5, inclosing herewith a copy of the said power of attorney.

Independence and liberty!

MEJIA.

[Untitled]

My Dear Sir: The nine horses that were robbed from me were of the following colors and marks: (Description of the horses.) These nine horses were stolen on the night of the 7th instant, at the post of Las Torrenas, and I shall be infinitely obliged to you if you will, as you offered, undertake to find where they are and return them to me, for which service you will ever receive the gratitude of—

Your obedient servant,

ALBERT CHAMPION.

General Juan N. Cortina.

A true copy of the original. Matamoras, August 28, 1871.

[seal.]

LEANDRO RAMIREZ, Notary Public.

I.

[Translation.]

GENERAL JUAN N. CORTINA.

For some time past the press of Brownsville has labored to discredit this Mexican patriot by the grossest calumnies. We are not surprised at this vile conduct, for we know the motives which the Brownsville editors have for blackening his fame. General Cortina is well known on the frontier as the bitterest enemy of the confederates of that part of Texas, where it is known that our countrymen enjoy no protection, and are often barbarously assassinated after the burning of their property.

The perpetrators of such murders have sometimes crossed the frontier in order to commit new depredations in our country, and General Cortina, being informed in time, has caught them in the act, and without pity has ordered them to be hung or shot as malefactors. The Brownsville press, on such occasions, has been filled with insults and menaces against all Mexicans, and particularly against General Cortina. At such times the most exaggerated rumors have been set afloat, announcing grave questions at issue between Mexico and the United States; the absorption of our country by the great republic; fabulous claims of Americans; and the magical appearance of two hundred or three hundred thousand negroes on our frontier whenever and however these turbulent prophets may choose.

But what most surprises us is that there are Mexican newspaper writers who have formed an alliance with those of Brownsville to attack the Fronterizo, an independent paper published at Matamoras, which honorably and bravely defends the rights of our countrymen residing in Texas, who are, as this colleague asserts, made victims in their persons and property of notorious abuses by our neighbors. Is it because the Fronterizo is in favor of the re-election? or is it because it defends General Cortina from unjust attacks and infamous calumnies? Is it necessary now to insult this meritorious citizen through the agency of our neighbors? because he has employed his numerous friendships upon the frontier for the triumph of Mr. Juarez? Really, it is deplorable that any one should allow himself to be carried by party spirit to such an extreme. We regret it; for in such conduct we see nothing noble or even decent.

[Page 666]

As to these attacks upon General Cortina, we will content ourselves at present with copying the following from the Brownsville Sentinel:

“The Fronterizo alleges that when, during the civil war, General Cortina was military commandant of the State of Tamaulipas, he treated the Americans courteously, kindly, and with moderation; not even molesting his personal enemies. General Cortina undoubtedly deserves all that is said in his favor in this respect. There were then many millions of dollars of American property on the Mexican side, and there was full protection for persons and interests.”—Monitor Republicano, September 27, 1871.