No. 456.
Mr. Fish
to Mr. Mariscal.
Washington, March 18, 1875.
Sir: I have the honor to acknowledge the receipt of your note of the 8th instant alleging that two Mexicans, named Mateo Boble and Gabriel Leyva, respectively, were, some time since, murdered in Texas. In proof of this charge, your note is accompanied by the affidavits of certain persons, no one of whom, however, claims to have witnessed the homicides. They all speak of them as matters of public notoriety. Even the names of the supposed culprits are not mentioned. It seems clear that testimony of this character can scarcely be made the basis of any specific proceeding. It is noticed, too, that Leyva is said to have been carried to the bank of the Bio Grande by order of a judge in Texas. This statement, likewise, is so incredible on its face as to serve as its own refutation. It may be affirmed with confidence that the punishment of banishment is not provided for any offense which may be committed in Texas. Without such a provision, no judge there would take upon himself the infliction of such a penalty.
As the purpose of your communication, however, is that the attention of the governor of Texas may be invited to the subject, I have the honor to add that this Department has addressed a letter to him in regard to it.
Accept, &c.,