No. 480.
Mr. Foster to Mr. Fish.

No. 140.]

Sir: With my dispatch No. 108, February 13, I transmitted the preliminary report of the Mexican border investigation commission, and embodied in my dispatch a brief abstract of its conclusions and recommendations. The final report of said commission was submitted to the minister of foreign affairs on the 13th of March last, and has just appeared in printed form, a copy of which I transmit to your Department by this mail.

I inclose herewith a translation of the summary of conclusions reached by the commission, and addressed by them to the minister of foreign affairs, constituting the preface of said report, which will be found of special interest, taken in connection with the report of the United States commissioners to Texas, and the questions pending before the United States and Mexican mixed commission now in session at Washington. The report of the commission is receiving the favorable comments of the press of this capital, by which it is asserted that the report will result in multiplying a large amount of the claims of American citizens before the mixed commission, strengthen the proofs of Mexican citizens for [Page 747] claims to the amount of over forty millions of dollars, and form the basis of claims to an enormous sum against the Government of the United States. I am informed by the minister of foreign affairs that instructions have been given to the Mexican minister at Washington to have both the preliminary and final reports of the commission translated and printed in the English language in that city.

I am, &c.,

JOHN W. FOSTER.
[Inclosure.—Translation.]

Mr. Galindo to the minister of foreign affairs.

Citizen Minister: In the report which I have the honor to subjoin, in compliance with the decree of the 2d of October, 1872, which ordered scrupulous investigations to be made concerning the evils suffered by the Mexican northern frontier, you will find specified all the calamities in question, their origin traced, and all their forms delineated.

It was not possible to give to this work smaller proportions, for the simple narrative of facts and citation of necessary documents required a bulky volume. The opinion of the commission being therein expressed concerning the proper remedies for each of the obstacles which impede the progress of that part of the country, it has been thought proper to extract them, and present them separately in a note, so as to facilitate their being submitted to the judgment of the citizen President.

In the first place, it should be stated that the establishment of an army corps on the frontier is indispensable to maintain order thereon, and furnish a respectable basis for the relations between this republic and that of the United States. The officer appointed to the command of this army corps should be of high rank and adorned with brilliant qualities.

Second. It is notoriously and urgently important that the upper region of the Rio Grande be covered by detachments of from 250 to 300 men, which should be located at San Vicente, El Burro, and Las Vacas, by which measure the incursions of the Indians would be repressed, and the outrages caused by Texan settlers upon Mexicans in that section would be prevented.

Third. To promote the settlement of the immense deserts lying between Chihuahua, Coahuila, and Durango, bearing in mind that this should only be done with native Mexicans, and cannot be effected without first protecting the frontier and afterward surveying the lands at the expense of the general government so as to grant them to applicants or to settlers carried thither from the central States, as was done by the Spanish government.

Fourth. To estimate the foundation of towns upon the principle above indicated, and by the employment of the resources granted under the name of subsidies to the frontier States, over the disbursement of which it is necessary to watch, so that it be not distracted from its object.

Fifth. The formation of a territory embracing all the new settlements, so that, being under the direct control of the general government, its action may be more effective upon the settlers, who, we repeat, should be entirely Mexicans.

Sixth. To regulate the communications between the innumerable ranches along the Rio Grande, so that they may not prejudice or compromise our international relations, nor, still less, the interests of the treasury by means of smuggling.

Seventh. To propose the laws which may be considered expedient for the repressing of cattle-stealing, including therein the necessary provisions to prevent the escape of servants who carry out of the country a considerable capital, and by their crimes on both sides of the Rio Grande endanger our international relations.

Eighth. To endeavor to ameliorate the condition of the Mexican citizens who reside in Texas and are property-holders in that State of the American Union. This is required by the prejudices entertained against them, as is proved by the grievous outrages they daily suffer. The establishment of a consulate at Corpus Christi, in addition to the employment of diplomatic action, would do much to effect a change.

Ninth. A reform of the privilege of the Free Zone, so that no class of merchandise can be consumed by the inhabitants of that region without the payment of some duty, however moderate, extending this reform to some articles of the existing tariff upon the bases suggested to the ministry of finance, in a separate memorial.

Tenth. Without neglecting the rules laid down in the circular of the 10th of September, 1850, to follow all those which experience has proved to be the best for solving the [Page 748] Indian question, thus establishing a simple, clear, and just line of policy respecting those tribes when they present themselves in our territory.

Eleventh. To create a board to take charge of all questions concerning Indians, of whose depredations it will procure exact information, as well as of everything relating to them, in order to avoid responsibilities and assure their rights to such Mexican citizens as may suffer losses by them; it being the duty of the said board in each case to show where the marauding Indians come from, their places of residence, the amount of the damage, the participation citizens or authorities of the United States may have taken therein, acts of the latter to punish and of Mexican authorities to restrain such Indians, with special instructions to the board to establish relations in Texas or in the region where the Indians reside, to investigate fully the conduct observed by the American authorities with the aboriginal tribes, both those on the Government reservations and those leading a nomadic life, using special efforts to ascertain the final disposal of their booty.

Twelfth. To promote such amendments to the laws upon the administration of justice respecting the organization of the federal tribunals as shall assure that on the frontier they be always in the hands of enlightened persons, and that their substitutes possess similar qualities. Their jurisdiction should include those crimes which endanger international relations, and the judges should receive good salaries.

Thirteenth. The penal features of the fiscal laws concerning smugglers also need amendment, so as to render fraud against the treasury disreputable, and to apply corporal penalties, such as imprisonment and closing of their places of business, to delinquent merchants when they are Mexicans, and their expulsion from the national territory when they are foreigners.

After the enumeration of the many calamities which weigh upon the Mexican frontier, all of them set forth in bold relief in the records formed by the commission, it would not think it had performed its entire duty if it did not at the same time express its opinion as to the measures which may be adopted for preventing them. It has not the presumption to suppose that it has succeeded in pointing out the best, and perhaps none of them is adequate to correct inveterate abuses, which are therefore hard to remedy; but it can assert that the measures proposed have been carefully studied, and it therefore believes that even if they be not adequate to extirpate the evils which have long afflicted our frontier, they will undoubtedly lead to the discovery of better ones by persons who know the general situation of the country, its men, its things, and their relative conditions, so as to put everything on the path of improvement and progress.

In presenting to you this compend of the results of the labors intrusted to us, we ought not to conceal the fact that the inhabitants of Northern Mexico, weighed down by sufferings for more than half a century, desire even more than the redress of their damages and losses, a decided protection, so as to suffer them no longer; and more than all, wish to live under auspices which will shelter them from outrages, hitherto of almost daily recurrence, from authorities or citizens of the United States, which they have been forced to tolerate from weakness and lack of protection.

After these general suggestions, the commission is bound to call attention to its own labors, since they were directed to the discovery of these evils, and of their proper remedies, without neglecting the kindred task of procuring the necessary data for proving the rights of Mexico in the just claims which her citizens have pending at Washington, and at the same time have collected all such other data as might aid in shielding her from the responsibilities which speculators and shameless traffickers are seeking to cast upon her. For this reason the commission believes that all the proofs relating to Indian depredations should be sent at once to our commissioner at Washington, who will find in them unimpeachable evidence concerning the responsibility of the American Government and the reality of the losses suffered by Mexicans. To avoid the inconveniences which might result from the loss of these papers, we have formed indexes, which may serve to replace documents which may be lost.

If the objects above expressed have been attained, the satisfaction of the commission will be unlimited; and if all its efforts have not been available for that object, they have nevertheless been exclusively employed to that end.

Independence and liberty!

IGNACIO GALINDO.