No. 495.
Señor Mariscal to Mr. Fish.

[Translation.]

Mr. Secretary: As long ago as last summer I received papers and urgent appeals to represent to the Government of the United States that great crimes were being committed in Sonora, in the Mexican Republic, by the tribe of Indians whose chief is one Cochise, and whose residence is in Arizona, on a reservation which borders on Mexico. Inferring, however, that the authorities at Washington had official knowledge of the facts, I refrained from taking this step, and confined myself to consulting my government, which, in its turn, did nothing, expecting that the Government of the United States would apply a remedy to so lamentable a state of things, which had been brought about by the conduct of its own agents. Nevertheless, no change in the situation has been observed as yet, nor does it appear that any effort has been made to improve it.

In view of these facts, my government has finally authorized me to call attention to the matter, hoping that, when all the facts which characterize it shall have been examined, effective measures will be adopted to prevent the State of Sonora from continuing to be the scene of the depredations of Indians who live under the tutelage of the United States.

Besides the information which is doubtless in possession of the Interior Department in relation to this matter, and probably in that of the War Department, I have seen in the documents on foreign relations, published with the last message of the President, that the Honorable Mr. Foster, in two successive notes, dated respectively August 15 and 27, 1873, informed you of the excitement occasioned in the Mexican press by the depredations to which I refer. For this reason I shall not dwell upon these crimes, or the causes which gave [Page 773] rise to them. It will be sufficient for me to remind you that there has been correspondence in relation to them between Mr. Pesqueira, governor of the State of Sonora, and Hon. A. P. R. Safford, governor of Arizona Territory, and between the said Mr. Pesqueira and Brevet Brigadier-General George Crook. It seems to me unnecessary to inclose copies of all those letters, as the Government of the United States is undoubtedly aware of the nature of their contents. A portion of them has been published and commented upon by newspapers in this country, and I take the liberty of inclosing two articles from the Daily Alta California, regretting that the language therein used is not as respectful as it should be toward the Government of the nation. My only object in sending you these articles is to call your attention to the statements which they make as to the occurrences in Sonora, which statements are entirely true. The letters, moreover, which they contain are genuine. The one which is signed by Governor Pesqueira is an accurate translation from the original, which has been sent to me. I also have evidence of the genuineness of the letter which appears in the second article from the Daily Alta California. Subsequently to the date of that letter, viz, January 9, 1873, General Crook addressed another to Mr. Pesqueira on the 9th of February following, from which it appears that, notwithstanding his good intentions, he was unable to make Cochise behave himself by reason of obstacles which he had not foreseen. I inclose a copy in Spanish of this second letter.

I likewise inclose two slips from the official journal of Sonora, in which some account is given of the numerous crimes committed there by the Indians to whom I allude, and it appears that the marauders had in their possession articles from the United States, which make it evident that they belonged to the tribe in question.

Finally, I inclose an extract from a note addressed to my government, under date of December 31, 1873, by one of its official agents, who has been observing the occurrences in Sonora from near at hand, and who reports concerning the continuance of the hostilities of Cochise and his people, which have never ceased since their beginning.

I abstain from commenting upon the fact that these savages, who have been driven out of Sonora, have had a reservation assigned to them just on the border of that State, or upon the alleged circumstance that they have been excused from the daily roll-call, to which the Indians on other reservations are generally required to submit. There may be some explanation of this which will show the good intentions of the subordinate agents of the Government. What is hoped for from the Government of the United States is that the facts being known as they now are, together with their lamentable results, it will remedy the evil as speedily as possible for the sake of humanity, and in consideration of the friendly relations which unite the two republics.

I have, &c.,

IGNO. MARISCAL.
[Inclosure 1.—Translation.]

General Pesqueira to the Alta California.

Editor Alta: I have received and read with much satisfaction your letter of April 15, and having information of your conscientiousness and acknowledged impartiality as a writer, I have ordered the collection of all the evidences of an official and private character within the reach of the government of Sonora, going to show that the Apaches, with whom peace has been made lately in Arizona, have committed numerous assassinations and depredations this year in Sonora, and they are inclosed to you.

[Page 774]

hostile apaches driven from sonora.

Among the papers sent you is a record of the murders committed by the savages’ and also a file of numbers of the Estrella de Occidente, official organ of the government of this State.

From the beginning of last year the government of Sonora being unable to submit longer to the barbarity and cruelty of these savages, and notwithstanding the part taken by the people of this State in the restoration of legal order, disturbed by the last insurrection, resolved at great sacrifices to keep the Apaches within bounds, and, thanks to the parties of national guards which traversed the country in every direction, these enemies, who had done so much damage to Sonora, were entirely expelled. In consequence of this steady and persistent pursuit, which did not even allow them time to prepare their mescal, which is their chief food, they retired to the neighboring territory. Although some of them solicited peace in Sonora it was denied them, on account of our long and bitter experience that these savages have no respect for their promises.

This policy explains the causes why there are no Apaches living in Sonora or Chihuahua, and the fact is attested by the national guards, who frequently and periodically examine the mountains and places in which the Apaches might seek shelter.

howard’s treaty.

Sonora had commenced to breath freely and trusted that this condition of affairs would be durable, by the co-operation of the vast forces of your great republic with the forces of our State, in continuing the same system of attack adopted here successfully, until the Apaches should learn the necessity of abstaining from their crimes.

This is no doubt the object of the enlightened Government at Washington, in spending large sums annually in Arizona; but General Howard did not understand the method of gaining it, for he granted peace to the Apaches, with privileges which a conquered power might grant, because of inability to help itself.

With reference to the treaty of peace made by General Howard with the celebrated Cochise, I do not know whether he granted to the latter the privilege of making war on Sonora, but from some of the documents inclosed to you, I infer that he did not, although the arrogant savage has claimed that he did. But if there was a prohibition, it is illusory and without effect, since Cochise and his tribe were placed beyond the jurisdiction of the forces of the United States, as you will see in the communication of General Crook, and thus they were exempted from the only method of enforcing a pact to keep peace with Sonora. Besides, they were placed on a reservation which borders on our country.

savage auxiliaries in war.

It was certainly not the intention of the Government at Washington to give the Apaches facilities for making hostile incursions into Mexico, but it is certain that its agent did so. The laws of modern warfare do not justify the employment of savages who are regarded by the laws of nations as enemies of the human race. What, then, shall we say when the settlements of a friendly nation are exposed to the cruelties as horrid as any that can be practiced in war?

It is not strange that your conscience should have been aroused against Howard’s course, and that the American people, jealous of their national honor, should demand, when the truth is known, that this most grand crime should end soon and forever.

reference to the documents.

From the papers which I inclose with this you will see the number of the victims known to the government of this State. You will also see from various private and official documents that no Apache or hostile Indians live in either Sonora or Chihuahua, and this fact may be proved, not only by the national guards but by many other persons. Consequently, all the Apaches who have lately murdered Mexicans have come from Arizona, needing only three hours to reach some of our settlements from the line.

Various articles of personal property of Mexicans murdered by Apaches have been found in the possession of Cochise’s Indians, and parties of the national guards have repeatedly followed the Apache raiders beyond the line, in the direction of their homes, as you will see from the accompanying file of the Estrella.

I have thus answered your inquiry, and hoping that you will not cease in your labors in this matter, I am your servant,

I. PESQUEIRA.
[Inclosure 2.]

To His Excellency Ignacio Pesquiera, Governor of Sonora:

Dear Sir: I have the honor to inform you that after the 20th instant I will compel the Indians in the southern part of this Territory, known as the tribe of Cochise, to [Page 775] submit themselves to daily roll-call, and if they should refuse I will commence hostilities against them without delay. Knowing that these Indians have been a terrible scourge to your State, I take the liberty of requesting you to place strong detachments near the line, to prevent them taking refuge in Sonora if they escape the pursuit of our soldiers. Do me the favor to keep this secret until the date mentioned above.

Your obedient servant,

GEORGE CROOK,
Brevet Brigadier-General, United States Army.
[Inclosure 3.]

Lieutenant-Colonel George Crook to the governor of Sonora.

Esteemed Sir: Your favor of the 27th ultimo has been received. I regret that I am not authorized to hold the conference proposed by you. I must inform you that I have met with obstacles which I did not foresee when I wrote my last letter, and this circumstance prevents me from taking any further measures against the Indians until I shall have received additional instructions from my Government. When I shall have received such instructions, I shall have the honor to communicate them to you.

Very respectfully, your obedient servant,

GEORGE CROOK,
Lieutenant-Colonel Twenty-third Infantry.

His Excellency I. Pesqueira,
Governor of Sonora.

[Inclosure 4.—Translation.]

SAVAGE INDIANS.

[From the Official Journal of Sonora.]

more robberies and more murders.

Arizpe.—No depredations have been committed by the Apaches in this district during the first fortnight of the present month.

Magdalena.—The same may be said of this district, referring to the week which ended on the 12th, (July.)

Sahuaripa.—In this district the citizen prefect also reports that no damage was done by the Apaches during the week ending the 11th instant.

Moctezuma.—According to a report from the municipal president of Bavispe, two Apaches stole ten asses on the 28th of June last from the estate of Messrs. Samaniego, and Bustamante. The commandant of Bavispe was going to send ten men in pursuit of the Indians, but the president was unable to report the result.

The municipal president of Tepachi reports to the prefect of Moetezuma, under date of the 8th instant, that six Apaches, on the 4th, attacked the citizens Benito Chaves, Francisco Fimbres, and a companion. They killed Fimbres and wounded the companion, who died of his wounds the next day.

As soon as Chaves reached the highway he met twelve Mexicans, who accompanied him to the spot where Fimbres lay. They found the latter still alive, although he died a few moments after their arrival. The wounded companion, whose name was Ruiz, lay there also. As it was necessary to take up the body of Fimbres and the wounded man Ruiz, the party were obliged to return with them, reporting that the Apaches had escaped, running off the horses of Fimbres.

On the following day the authorities of Tepachi sent out a force of fifteen men in pursuit, but, rain having fallen during the night, the trail of the savages was destroyed, and the pursuing party were therefore obliged to return.

Eight days afterward the prefect was informed of the occurrence, but, in view of the time which had elapsed, he deemed it useless to send a force in pursuit of the savages.

Fimbres was a resident of Guásavas, and Ruiz of Los Broncés.

Magdalena.—In the official part of our paper we print in full a report of the prefect of this district. It will thereby be seen that among the articles that were abandoned [Page 776] by the Apaches in their flight were three blankets, bearing the stamp of the Government of the United States, which fact furnishes unmistakable evidence that these Apaches were of the number of those who are at peace on the Arizona reservations, and who cross over into Sonora for the purpose of robbing and murdering.

Ures.—The citizen prefect of this district yesterday sent in the reports, which we condense below.

The municipal president of Rayon writes, under date of the 23d, that the Apaches stole ten horses at El Pima, on the 21st, from the citizen Guadalupe-Fernandez. The Indians were seen by some citizens of Rayon, but they were so well dressed, wearing black hats and overcoats, like those worn by the soldiers in Arizona, that they supposed them to be travelers from California. When, however, they saw them go in the direction of the mountains with the herd of horses, one of those who saw them notified the herdsman of Fernandez, who at once went out to reconnoitre, and reported, on his return, that they were really Apaches. Fourteen citizens organized at La Paz and started in hot pursuit, but as they had not yet returned on the 23d the result was unknown.

The municipal president of Opodepe says that on the 20th instant the Indians (Apaches) attacked Doña Maria Flores, who was on the Realito estate with another woman named Cecilia, and with her little son, ten years of age. The lady and her child were killed, and Cecilia received two wounds, but at the date of the report (23d instant) was still living. A force of thirty citizens started at once from Opodepe, and pursued the Indians until nightfall, when they were obliged to return for provisions. They were then joined by twenty-three more citizens, and started again, well supplied with provisions and munitions of war. They had not returned on the 23d, and the result of the chase was therefore unknown.

[Inclosure 5.—Translation.]
[Extract.]

Mexican Indian agent to Mexican minister of foreign affairs.

* * * * * * *

During this month advices have been received of the continuance in the State of Sonora of hostilities committed there by savage Indians from Arizona Territory.

It is known that many new-comers have settled on the reservation of Cochise’s band, among them not a few individuals belonging to those bands whose settlements are at San Carlos, Jularosa, and White Mountain. Cochise accuses these of being the invaders of Sonora, declaring that he has no power to restrain them.

Mr. Delano, in his report of this year to Congress concerning the business of the Interior Department, which is under his charge, takes care not to mention the Arizona-Apaches, thus giving ground for the belief that he does not propose to change the policy that has thus far been observed toward those Indians, notwithstanding the knowledge which he has of the depredations committed by them in Mexico. This unjustifiable persistence is vexatious to the republic. If the United States Government is powerless to prevent the outrages of its savage Indians in the neighboring country, it should remove them to a distance from the latter, but the fact is that it has not yet been shown that its efforts to restrain and punish them are unavailing, for the reason that it has made no efforts at all, hearing, perhaps, with contempt the complaints of our unfortunate people on the western frontier.

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