Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1875, Volume II
No. 444.
Mr. Foster
to Mr. Fish.
Mexico, June 25, 1875. (Received July 22.)
Sir: With my dispatch No. 288, of the 15th ultimo, I transmitted a copy of the note, which, in accordance with your instructions, I had addressed to the minister of foreign affairs, in reference to the difficulties and opposition which the commissioner, Mr. H. M. Atkinson, had encountered in Mexico in seeking the return of the Kickapoos and other Indians to their reservations in the United States.
I now have the honor to inclose to you a translation of Mr. Lafragua’s reply, dated on the 19th instant. In this reply he enters upon a review of the Kickapoo Indian question, justifies the conduct of the Mexican government, and re-iterates its disposition to do all it properly can to facilitate the return of the Indians to the United States, but states that he has no power to require their extradition. He attributes the origin of whatever local opposition there may be to the harsh judgment of Texan newspapers and citizens against the Mexican people and authorities of the frontier, and to their projects of invasion and acquisition of territory. He informs me, in conclusion, that new instructions have been issued to the governors of States where the Indians are located to remove any obstacle which may present itself whenever their removal is again attempted.
In acknowledging the receipt of Mr. Lafragua’s note, I deemed it important to briefly notice his reference to the want of power of his government to require the return of the Indians, and to the state of public sentiment in Texas.
I may mention in this connection the fact that the newspapers of this [Page 940] capital have published an article from the newspapers of the United States which purports to be a statement made by Mr. Atkinson of the results of his mission, in which he is reported as saying that he was highly successful in procuring the return of the Indians to their reservations.
I am, &c.,
Mr. Lafragua to Mr. Foster.
Mexico, June 19, 1875.
Mr. Minister: Iliad the honor of receiving, with its in closures, your excellency’s note of the 8th of May last, in which you are pleased to inform me that you have received instructions from the State Department to call the attention of the Mexican government to the subject concerning the Kickapoo and Lipan Indians, to their depredations and return to their reservations, and to urge that a definite decision be adopted with a view of settling, in an effective manner, this affair so long delayed.
Your excellency further states that the State Department is reluctant to believe that the authorities of this capital are insincere in their declarations of good-will, but that it is to be hoped they will have sufficient influence over the local authorities and residents of the frontier to cause their orders to be respected, and remove the obstacles which the United States commissioners find in their way.
For this reason your excellency enters upon various considerations on the inconvenience that the above-mentioned Indians should remain on Mexican territory, and complains of the bad success met with recently by the United States commissioner sent to remove the Kickapoos, on account of the opposition shown by the local authorities, respecting which your excellency indicates that the government should again take this subject into consideration in order that definite measures be taken to entirely remove that opposition and facilitate the commissioner’s work that their efforts may be successful.
Your excelleney has thought proper to allude to the origin of the presence of the Kickapoos in Mexico, and, supported by Mr. Galindo’s report, your excellency sees an additional reason why Mexico should-show her good disposition toward the United States; and entering on further considerations concerning the difficulties which have been presented for the complete transfer of the Indians, your excellency concludes by repeating the desire that the authorities and citizens of the corresponding localities may be required to abstain from all opposition, and that such measures may be adopted as will secure, in an effective manner, the return of the Indians to their reservations.
Your excellency’s note and inclosed documents have been considered in connection with the previous antecedents already received by my department on this subject, and in conformity with the desire of the State Department of the United States, I have given full account to the President of the republic, who, after having again examined said affair, has directed that I should answer your excellency as I now have the honor to do.
A solution has been sought, in fact, for a long time to the question relative to the Indians of the frontier, on account of the depredations attributed to them, and with the view of causing them to return to their reservations in the United States; but unfortunately, when this last point began to be discussed, the most proper means were not proposed. It was desired that the Kickapoos should be driven away by force, and this was not within the powers of the government. Permission was solicited afterward that United States armed troops should be allowed to enter Mexican territory, to follow up the Indians, and take them to their former reservations; but neither in this case could the government give its assent, both because it was the function of Congress to give permission to foreign troops to enter the national territory, as also because the indiscretion and ill-will of persons in Texas who have suggested the invasion of the frontier, and circulated projects for the annexation of those States to the republic of the north, have engendered among the Mexicans of those frontier localities certain irritation and suspicious fear which might have produced, perhaps, not only results contrary to the wishes of both governments, but an actual conflict between the two nations.
In fact, if your excellency, and also the State Department of the United States, attentively notice the Texas newspapers, their bitter language, the exaggeration of [Page 941] the facts that have taken place, or the complete inexactness, as well as the hard judgment against the inhabitants of the Mexican frontier, without distinction of classes or persons, your excellency and Government will undoubtedly be led to know the origin of certain dispositions and opposition which the Mexican government does not approve, but which are easily explained and in order to oppose and remove these, the Government seeks to act with extreme prudence, avoiding, as far as possible, that those alarming and offensive incidents should be increased, and that they should be responded to with bitterness; for the Government understands that retaliation in the press is not the best means of re-establishing confidence and good harmony between the inhabitants and authorities of that frontier.
The extradition of all these Indians was also at another time proposed; but neither the laws of Mexico nor the respective treaty favored that idea.
Finally the United States entertained the idea of appointing commissioners that should come and in a peaceful manner treat with these Indians, and make arrangements with them for their transportation to the reservations to which they had been assigned. The Mexican government, which has no interest in these Indians remaining in Mexico, not only approved with pleasure that proposition, but, assenting willingly to the suggestions made by the United States minister and Mexican minister at Washington, instructed the local authorities at Tamaulipas, Nuevo Leon, and Coahuila to facilitate the removal; ordered that the necessary forces should be furnished to escort the commissioners; approved the appointment of a Mexican agent, who diligently, and with good-will, should effectively aid said commission in its work; and the minister of the treasury ordered the necessary measures for the free introduction of provisions and effects necessary for the maintenance and removal of the tribes that were to be transferred to Texas.
As a result of those dispositions, Mr. Atkinson informed the governor of Coahuila, on the 30th of August, 1873, that the greater part of the Kickapoos and all of the Pottawatomies had left for the United States. He thanked him for his aid, and especially for the assistance of Captain Montero, whom Mr. Atkinson wished to meet as Mexican commissioner in case he returned for the rest of the Kickapoos. Your excellency also, in a note dated the 1st of December of the same year, informed me of the recommendation in favor of Captain Montero, expressing the favorable estimation made of his good services.
The short narrative of these facts, known to your excellency, shows in an unmistakable manner the good and constant disposition of the Mexican government concerning this affair, and that the State Department of Washington very rightfully does justice to the Mexican authorities in being reluctant to believe that their declarations are not sincere.
In spite of this, your excellency, in conformity with the information and data received lately from” the Government of the United States, insists that effective dispositions should be dictated to secure the return of the Indians to their reservations in the United States, requiring that the authorities and citizens of the frontier should abstain from all opposition in this respect.
The information received by this department from the government of Coahuila of the success of Commissioner Atkinson in his new expedition is found on the copies which (inclosed) I send your excellency, adding, on my part, that the authorities of said State, as well as those of Tamaulipas, far from showing any opposition to the general government, have stated that the departure of these Indians should be encouraged on account of the harm they do within Mexican territory, and because their depredations in Texas are not only detrimental to the neighboring republic, but because they increase the uneasiness of the inhabitants of both frontiers, cause them to distrust each other, engender animadversion, and serve as a pretext for attributing to Mexicans all the disorders, robberies, and crimes committed in those places, thence originating interminable complaints and hateful recriminations.
Nevertheless, as it is very possible that some inferior agents or some other individuals, moved by private interest, try to hinder the transportation of the Indians, instructions are now given to the respective governors to remove any obstacle that may present itself whenever the removal of the Indians to their reservations is attempted.
It is not true that General Fuero has protested against the removal of the Kickapoos. The fact is that some of the individuals of that tribe, resentful, perhaps, for the unjustifiable assault which they suffered from Colonel McKenzie, and not appearing before Commissioner Atkinson, remained in a place called Nacimiento, where it was not convenient that they should remain; for they could continue doing harm, not only on Mexican territory but in Texas, and thus give origin to new animosities and reclamations. Hence General Fuero asked that they should be brought into the interior, assigning them some reservation distant from the frontier. Accordingly, it was ordered by the minister of war that a proper place should be assigned in the State of Durango in order that the Kickapoos might occupy it, ordering General Fuero, at the same time, to prosecute and punish vigorously the rebellious and guilty Indians.
It is very probable, I repeat, that in those sparsely populated regions there may be [Page 942] some individuals, who, on account of prejudices, whose origin has already been explained, or on account of private speculation, may present some difficulties to the transfer of the Indians, but this transitory evil can only be remedied by the United States commissioners observing the greatest possible prudence, reporting immediately the difficulties met with to the superior authorities of those places, in order that the obstacles may be removed and competent persons be appointed known as capable of honestly aiding the said commission.
With what I have already said I think I have satisfactorily answered your excellency’s note, assuring you that the government will always be well disposed to accept every means proposed for the removal of the savage tribes whenever those means are in accordance with its duties and powers.
I avail myself, with pleasure, of this new opportunity to repeat to your excellency the assurance of my highest and most distinguished consideration.
To His Excellency John W. Foster,
Envoy Extraordinary and Minister Plenipotentiary
of the United States of America.
Mr. Flores to Mr. Lafragua.
Secretary’s Office.
As a special commissioner from the State of Coahuila, I have the honor of informing the superior government of the result of the interviews had between the American commissioner, H. M. Atkinson, and the chiefs of the tribes of Kickapoos, Lipans, Mescaleros, and Comanches concerning their transfer to the American reservations. Mr. Atkinson having set forth the advantages they would receive and the good disposition of his Government to protect them, being at the same time responsible for the support and education of their children, Captains Mosquito of the Kickapoos, Guacha Viejo of the Lipans, Colorado and Henrique of the Mescaleros, and Taquifraf of the Comanches agreed to accept the benefits offered them by the American nation, promising to set out on their march as soon as they received the supply of provisions they need until they arrive at the place where they are to locate. I inform you of the above in order that you may forward it to the governor. Independence and liberty.
To the Secretary of the State
Government,
Saltillo.
Assistant Officer pro tem.
Secretary’s Office.
As a special commissioner from the State of Coahuila to make arrangements for the transportation of certain tribes to their American reservations, I have the honor of informing the superior government, through you, that a number of Indians (given below) have left for the reservation of the American Army. This number is composed of the different tribes settled in the State, a few of the kickapoos, for the most part women, remaining at the Nacimiento, district of Monclova, a few more at the hacienda de la Cadena, near Durango, and some Lipans at the Remolino, with whom the American commission was not able to make any arrangements, Mr. Atkinson having been suddenly called away by the President. Mr. Atkinson stated that the new commissioner would be here within twenty days to end these negotiations. One hundred and fifteen Kickapoos—men, women, and children—9 Comanches, 26 Mescaleros, 5 Lipans; total, 155. Independence and liberty.
To the Secretary of the State
Government,
Saltnio.
Assistant Officer pro tem.
Mr. Foster to Mr. Lafragua.
Mexico, June 24, 1875.
Sir: I have the honor to acknowledge the receipt of your excellency’s note of the 19th instant, in which you make reply to my note of the 8th of May last, wherein, under instructions from the Secretary of State of the United States, I communicated to your excellency the difficulties and opposition which the commissioner charged with the return of the Kickapoo and other Indians to their reservations had encountered in Mexico.
I will without delay transmit a copy of your excellency’s note to the Department of State at Washington, for the information of my Government, and I embrace this opportunity to express my gratification that your government has issued new instructions to the governors of the States where these Indians are located, to remove any obstacle that may present itself whenever their removal is again attempted.
While I have no desire to enter in detail upon a discussion of your excellency’s note, I deem it proper to make a brief reference to one or two of the points presented by you.
The Government of the United States has for many years made itself responsible for the support, education, and care of these Indians, whose guardian it is, and they had been placed on special reservations, and were under the supervision of the official agents and Army of the Government. During our late civil war the Indians took advantage of the temporary suspension of the authority of the United States to abandon their reservations, and they came into this republic without the consent and contrary to the policy of the government of Mexico, at a time when its power was also partially suspended by the war of European intervention. In view of this state of facts, I am constrained to express the opinion that your excellency’s government has erred in deciding that it could not require these Indians to return to their reservations. Under the circumstances, they could only be considered as refugees from the authority of the Government of the United States, and, in the spirit of international comity, should have been again returned to the territory of the United States.
Your excellency seems to find the cause, if not a palliation, for the opposition manifested to the mission of the commissioner in the bitter language and harsh judgment of the newspapers of Texas against the inhabitants of the Mexican frontier. It is not strange that the public opinion of Texas is unfavorable to the justice and honesty of the Mexican authorities and people of the Rio Grande frontier, when it is remembered that the citizens of that State have been the prey for years of raiding bands of outlaws from Mexico; that they have witnessed the murder of their kindred, the burning of their homes, and the plunder of their property by organized bands of Mexicans, publicly reported to be instigated and equipped, many of them, by a general of the Mexican army; that these bands find a safe refuge and protection in Mexico, where their plunder is disposed of; and that no punishment is inflicted upon them by the authorities. It may not be unnatural that suggestions are prevalent in Texas of counter-invasions and reprisals; and in view of the inability or indifference of the federal government of Mexico, that there are found individuals, and even newspapers, which advocate the placing of that region under the authority of the United States.
Your excellency will please to receive the renewed assurances of my most distinguished consideration.