No. 494.
Señor Mariscal to Mr. Fish.

Mr. Secretary: I propose to treat in this note of a matter which is no longer one of recent occurrence, but against which my government has not yet protested, only for the sake of giving a very clear proof of the value which it attaches to the maintenance of its friendly relations with the United States. Nevertheless, now that the excitement which the act produced in Mexico has entirely passed, and that the antecedents which seemed to serve as an excuse for it have been carefully examined, I have received instructions to present it to the consideration of the Department of State, together with some reflections upon the grave importance which characterizes it. I refer to the incursion made into Mexican territory, on the 18th of May last, with United States troops, by Colonel Mackenzie. It is well known that the reason alleged for this proceeding, so different from what is usually required by the relations of two neighboring nations, at peace with each other, was the necessity of punishing certain savages, the Kickapoo Indians, who lived in Mexican territory. Without attaching any higher value to this excuse than it can have according to international law, I have the honor to send, with this note, a copy of the report made to my government on the origin and merits of the complaints against the Kickapoos and of the alleged Mexican depredations in Texas, by the commission which was appointed on the part of Mexico for the purpose of investigating them with all possible impartiality. In this report something of the exaggeration and inaccuracy which have marked the complaints of certain Texans and their friends (which complaints were evidently designed to bring about a conflict with the Mexican Republic) is shown. The Kickapoo Indians, who are more or less responsible for the evils which have been so much exaggerated, have now been removed, from the frontier and from the territory of Mexico, their removal having been accomplished with the efficient aid of my government.

It is therefore now proper to protest against the incursion of Colonel Mackenzie. No one can now accuse the Mexican government of regarding with indifference the evils to which I refer, or of refusing to apply the remedy which seems most suitable. The truth is that this remedy was already in process of adoption, with the concurrence of Mexico, when the raid of the aforesaid colonel took place, whence it seems still less excusable. But if it was even then not just to doubt the sincerity of my government, or the possibility of remedying the situation by legal means, it is much less so now that time has thrown light upon the events. When the minister of the United States in Mexico presented [Page 769] his first request, my government manifested its readiness to co-operate to the extent of its ability in the removal of the Kickapoos; and if it did not give its consent to the entrance of United States troops into Mexican territory for that purpose, it was because that was not within the limit of its constitutional powers. In everything else, however, it gave evidence that it desired to comply with the desires that were expressed to it. It issued repeated instructions to this effect to the authorities on the Texan frontier. These were uniformly obeyed; and the course which affairs had taken shortly before the act of Colonel Mackenzie is a proof that those instructions were sufficient for the purpose had in view. The act to which I allude therefore seemed all the more strange.

It were vain to allege that there have been various cases in which armed men from Mexico have crossed over into the territory of the United States, especially in pursuit of marauding Indians, because, in addition to the fact that this is often done in pursuance of an agreement between the local authorities of one country and those of the other, it has always been done without the authorization of the general government of the Mexican Republic, which, if any complaint had been made, or if the matter had been brought to its notice officially, would have censured such acts, and would have adopted the necessary measures to prevent a recurrence of them. The acts to which I refer, and of which I only have vague information, differ therefore entirely from that of Colonel Mackenzie.

In view of these considerations, and of the good faith and friendly spirit which actuate the Government of the United States in its relations with Mexico, my government hopes that an act similar to the one in question will not be committed hereafter; and that if any measures shall be deemed necessary in order to remedy evils on the frontier, which it may be necessary to carry out on Mexican soil, such measures will be adopted and carried out by both governments jointly, since an incursion of foreign troops into the territory of Mexico, beside being at variance with the principles which govern nations in time of peace, may, in my country, bring the administration into very serious conflicts, and materially disturb the peace of the republic. This last consideration will probably be sufficient for a friendly government; for it will not wish to run the risk of causing such terrible evils to its neighbor, when it relies upon the good will of the latter to secure the just ends which it seeks to attain.

I have, &c.,

IGNO. MARISCAL.
[Inclosure.]

Report of Frontier Commission appointed to investigate matters on the Northern Frontier.

[Translation.]

Having been engaged in collecting private information in relation to the occurrences at El Remolino on the 18th ultimo, when two Indian camps were attacked by regular troops of the United States under command of General Mackenzie, and before taking official steps in regard to this invasion, the commission deems it essential to transmit to you, for the information of the citizen President, all the information that has been obtained, it not having been communicated heretofore for the reason that the commission did not feel certain of its accuracy.

Now that the commission has received information from persons residing on the very ground where the events took place, and of whose veracity it has guarantees, it becomes indispensable to communicate said information to you, that you may be able to form an exact idea of the situation of those frontier towns, and of the importance of [Page 770] the occurrences which have taken place in them. It will first, however, he necessary to enter into some details with regard to the history of these Indians.

The Kickapoos came to this country as long ago as 1850, and to those of the tribe who did not return to the United States the same year, the government made a grant of land, situated ten leagues from Santa Rosa. They settled there with their families and engaged in agricultural pursuits on a small scale, which they soon abandoned for the sake of deer-hunting. For this purpose most of them left their settlement and became scattered in small parties throughout the frontier towns, especially in those of the Rio Grande district, where their conduct has, in general, been good, although there have been cases of horse-stealing in the said towns, the stolen animals having been taken to their settlement above Santa Rosa.

The small value of the property stolen, the restitution which they were compelled to make by the authorities of Santa Rosa, and the services rendered by them in the war against the Comanches, Lipans, and Mescaleros, together with the occasional assistance which they gave as agricultural laborers, contributed to cause the faults of those who engaged in thieving to be regarded with leniency, that is, to induce the authorities not to hold the whole tribe responsible for the acts committed by some individuals belonging to it, to the injury of citizens of Mexico.

As in Mexico, these thefts have likewise been committed in Texas by the Indians in question. They have been, however, quite as insignificant as those committed on our side of the river. The unanimous testimony of respectable inhabitants of the frontier leaves no room for doubt as regards the fact of these incursions, as well as of their trifling importance.

The Kickapoos having been scattered throughout various towns until April last, their pursuits have been invariably the same, and, with the exception of here and there a complaint on account of horse-stealing, the residence of the Indians in the towns remained unnoticed, and was only thought of when complaints were heard from some Texan-Americans, who charged them with the murders which had been committed in that State, and with some horse and cattle stealing. As the Indians in question have made no sales of cattle or horses, save in isolated cases, these charges were disregarded, being attributed to that propensity, so general among the Americans, to exaggerate everything that affects them.

During the twenty-two years that the Kickapoos have resided on the frontier, the Comanches have never been at peace there, and it has been observed that whenever those savages have made an incursion from Texas, the Kickapoos have fought them with praiseworthy zeal, to which they are in a great measure indebted for the consideration which has been shown them. During the same period the Lipans made war, and did not agree upon a peace until the year 1855, after having committed horrible outrages. Perfidious as they always are, the Lipans did not adhere to the terms of the peace, and excited the hatred of the people of the frontier, who, galled by the outrages which they had suffered at the hands of these Indians, and by complaints from the authorities of the United States, fell upon them in 1856 and nearly exterminated their tribe, of which only a few miserable remnants were left, who, as it was afterward learned, sought an asylum among the Mescaleros, their kinsmen.

Since that time the Lipans have made war against Mexico, in conjunction with the Mescaleros and the Comanches, living almost constantly within the territory of the United States, from which they have committed their depredations against the settlements on the Rio Grande, both Mexican and American.

About the year 1862 their lack of the necessaries of life on the one hand, and the active hostilities, which, as is known, were carried on against them in the United States where they resided, forced them once more to ask peace of the governments of Nuevo Leon and Coahuila. They then remained for some months at San Fernando, from which town they suddenly decamped, lest the people should rise against them to avenge a murder which they had committed at El Remolino. The banks of the river. Pecos afforded them a shelter, as usual, and thence, during the last ten years, they have carried desolation and death to the frontier towns of Mexico and the United States.

Had the commission not made minute and exact investigations with regard to this tribe, it would have been very difficult to designate the places in the desert where they have found shelter during this latter period, and only through the accounts given by captives and the subsequent revelations of the Indians themselves has it been possible to reach the truth, which is that Mexico has suffered more than the United States from the depredations of these savages, which have been unceasing on both frontiers. The commission has unquestionable ground for believing that the last bloody inroad into the Mexican frontier towns, which took place in 1869, was made by these very Indians. It knows that they have lived in Texas, on the banks of the Rio Pecos, and that, while they committed outrages in Mexico, they did the same in the United States, escaping from pursuit in either republic by crossing the Rio Grande, with which river they are perfectly familiar throughout its entire length, as they are with the deserts, which can afford them shelter. This state of war was [Page 771] kept tip by the Lipan tribe until April last, when they came to San Fernando and concluded a peace with the alcalde of that town, which was subsequently approved by the citizen governor of Coahuila.

The commission is not yet aware of the causes which induced the Lipans and Mescaleros to cross the Rio Grande for purposes of peace, and perhaps it would be justified in supposing that their action boded no good either to our towns or to those of the American frontier. The evil disposition of these Indians has become well known by long experience, and forces the commission to pass this unfavorable judgment upon them. Another circumstance, that of their having made a friendly union with the Kickapoos, who were the chief perpetrators of the massacre of their tribe in 1856, gives rise to grave suspicions concerning the sincerity of their intentions, either as regards the Kickapoos, on whom it would not be unreasonable to suppose that they intended to take bloody vengeance, or as regards the people on both banks of the Rio Grande. The Mexican inhabitants of this side of the river having been at all times victims of the rapacity and treachery and ferocity of these savages, naturally distrusted their intentions when they proposed peace, and this explains the conditions imposed, viz, that they were to establish themselves near a town like San Fernando, in order to watch them, and that they were not to injure citizens of Mexico or those of the United States. Although the commission was surprised, at the time of the adjustment of the peace with the said tribe, that the governor of Coahuila approved it without giving previous notice to the supreme government, which alone has power to conclude such arrangements; and although it considered the policy of placing the Indians near the Rio Grande as being one of questionable wisdom in view of the charges which were made in Texas against them, and even against Mexico, it still did not think that these imprudent acts would cause an invasion of the national territory, although they thought that they might, perhaps, give rise to some complaints on the part of the American authorities, to which the Mexican authorities would certainly have given their prompt attention.

Hardly had the Indians been one month at El Remolino, when they were attacked by a force of five hundred men who had crossed the Rio Grande for the purpose, and who then returned without touching a single one of the Mexican towns, carrying with them the booty which they had taken. According to the best information in possession of the commission, the Indian camp had been removed on the day previous to a place near by, only a few families having remained at the place where the attack was made, and these were made prisoners by the American troops, who first killed six Indians whom they found there, not, however, until those six Indians had killed eight of their number, three blacks and five whites. Judging from the desperate resistance made by this small number of Indians, there is reason to believe that if the sixty or seventy Indians belonging to the camp had been there, the combat would have been a very bloody one.

The supreme government must now be aware that the Mexican authorities had no knowledge of what was going on until some hours after the attack, and that they were justly alarmed, not being aware of the intentions of the American forces; the fact, moreover, that these forces had entered the territory of Mexico without having given notice of any kind, seemed to them important. Their recollections of the fire at Resurreccion in November last forced them to adopt precautions. Nevertheless, tranquillity was soon restored, because it was ascertained that the attacking party had consisted of officers and men of the Regular Army, and that they had returned to their camp without doing any damage, and because they considered that the action of this force, good or bad, would be productive of good to those towns which cared not for the attack, but only for the violation of international usages and the lack of respect which they thought had been manifested by those who had thus entered the national territory without authorization.

After this surprise to the Indians, say the reports in possession of the commission, they conveyed their families to the mountains in Mexico, forty or fifty leagues from the river; the warriors, to the number of eight or nine hundred, have encamped at the head of the San Diego River, which is twelve leagues from its confluence with the Rio Grande, and likewise in the Remolino Canon, which is situated at about the same distance from the Rio Grande; it should be borne in mind that the first-named point, on the San Diego, is opposite Fort Clark, whence Mackenzie’s expedition started, and the second, i. e., the Remolino Cañon, is opposite Fort Duncan.

The indignation of the Indians and their threats to avenge the blood of their friends and the capture of their forty women and children, who were carried off by the Americans, are depicted in very glowing colors by several citizens from that section, who regard the actions of the Indians, their encampment in their present position, and their other preparations as so many threats to the Americans, and as being fraught with danger to the Mexican frontier.

Perhaps the punishment inflicted upon the Indians at Remolino by the United States troops was not deserved by their recent acts, and perhaps this will increase their ire and precipitate their vengeance. The commission bases this opinion on certain data which [Page 772] it has collected, in relation to depredations committed in Texas by the Comanches, although a great effort has been made in that State to cast the blame thereof on the Kickapoos or on the Lipans. The commission, not knowing whether the government of Coahuila has made any report concerning the attitude of the Indians, deems it its duty to state what that attitude is, since it undoubtedly requires the adoption of prompt measure inasmuch as many Indians, it is said, including some Comanches, daily congregate at the points above mentioned. The accounts published in the Texas newspapers confirm those of this side, and in view of this situation great anxiety is felt in the towns on both frontiers which should without doubt be quieted.

In making your report to the President, you will be pleased, citizen minister, to inform him that these statements are furnished in advance of the report to be made by the commission on closing its labors, because a situation is arising on the frontier, by reason of the large numbers of Indians collected there, who threaten to disturb the peace of that section. It has, moreover, seemed proper to give some account of the antecedents of the Kickapoos and Lipans, as well as of what really took place on the occasion of the attack on the 18th of May last by General Mackenzie.


  • J. GALINDO.
  • FRANCISCO YALDEZ GOMEZ,
    Secretary.

To the Citizen Minister of Foreign Relations,
City of Mexico.