Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 2, 1878
No. 348.
Mr. Foster
to Mr. Evarts
.
Mexico , July 15, 1878. (Received July 25.)
Sir: I received on yesterday a note dated the 12th instant from the secretary of foreign affairs of the Mexican Government, of which I inclose you a copy and translation, informing me that the Mexican minister in Washington had been instructed to make an energetic protest against the recent crossing of American troops into Mexico. The secretary states, that in view of the fact that I have been charged with the prosecution of the negotiations pending for the settlement of the difficulties of the frontier, the executive thought proper to communicate to me the fact of said protest, and he proceeds to express the possibility, that the crossing of the American troops may result in changing the course of the negotiations, and, if persisted in, may make it impossible to reach a peaceful solution on the part of Mexico.
In acknowledging receipt of said note to-day, I have limited myself to the references made by the secretary to this legation and the questions directly connected with the state of negotiations.
Awaiting your further instructions, I am, &c.,
Mr. Mata to Mr. Foster.
Mexico , July 12, 1878.
Mr. Minister: On the 1st of the current month the President received a dispatch from the governor of Coahuila, in which he is informed that, according to official [Page 556] data, on the 17th of last June. an American force had arrived at Remolino, Rio Grande district, State of Coahuila, which took possession of sixty head of cattle, destroyed three fanegas of cultivated ground, and burned fences and plows, causing great alarm in the vicinity.
Although all these details have not yet been confirmed, except in part, new official communications, confirmed by the statements of the press of the United States and of the Mexican frontier, no longer permit a doubt concerning the principal fact, which is, that about the middle of last month a new invasion of Mexican territory was carried into effect by troops of the United States under the command, as it seems, of General Mackenzie and of Colonel Shafter, which troops came prepared, judging from their elements of war, to make an extended expedition and to cope with an enemy more powerful than the savages.
In view of such news the President has already issued decisive instructions to the minister in Washington, to the end that he may present to the Department of State an energetic protest against such unjustifiable invasion and ask reparation for the damages caused by it to Mexican citizens.
At the same time the President has instructed this department to address a note to your excellency in regard to an affair so disagreeable, with the object that the legation of the United States may bear new testimony to its government of the profound displeasure with which that of Mexico has received this recent outrage done to this country, and considering also the fact that said legation is charged with the prosecution of the negotiations pending for the settlement of the difficulties of the frontier, the executive has judged it proper that it be opportunely informed of the grave incidents which are connected with those questions, for perhaps the lamentable course which affairs are taking, owing to the conduct of the American troops, may end by compelling the Government of Mexico to give to the pending negotiations a different direction from that which it had proposed to adopt, with the best disposition and the most perfect good faith.
This department has improved every opportunity to cause the Department of State to understand that such repeated and unjustifiable invasions of the territory of Mexico, profoundly wounding the nation’s sentiment, so vehemently and deeply rooted in the Mexicans, would make more and more difficult the peaceful solution of the questions pending between the two republics, a solution which already seemed near, efficacious, and durable.
To-day I again insist with your excellency upon this most important point, informing you that if the outrages done to Mexico should continue, the government will find itself unable to realize its purposes of arriving at a pacific solution in harmony with the dignity and interests of both countries, an impossibility which will arise as well from its obligation to preserve the decorum of the nation which it represents, as from the just demands of public opinion, which would not be satisfied with the repeated excuses of the American authorities and officers to the effect that they intend no wrong against the territory or sovereignty of Mexico, but that it is desired simply to pursue the barbarous Indians and the cattle-thieves of the Bravo (Rio Grande).
These considerations are, without doubt, of marked importance as bearing relation to the positive and material interests of both countries; but if from these we pass to others of a higher order, as those which are founded in equity and justice, and which are above all interests and above all political policy, these acts not only cannot be justified, but still less, the hostile conduct of the United States cannot even be explained consistently with their calling their republic a sister.
It is undeniable that bands of savage Indians proceed from both countries who carry desolation and death to the territory of the neighboring nation; nor is it less deniable that from both banks of the Bravo, bands of cattle-thieves and robbers cross over to the opposite side; and it is impossible to comprehend how and why, the two border republics being able to make like charges, the one pretends to have the right to declare itself judge and party, dealing out justice to itself with its own hand, and demanding a responsibility of the other which should be common.
Neither your excellency nor your government can deny that within the past few months numerous bands of conspirators, under the direction of persons formerly araigned, have collected, armed, and organized in the territory of the United States, without the authorities of the latter having prevented their meeting, organization, and passage to Mexican territory. Neither will you be able to deny that upon the defeat of the revolutionists in Mexico, they have recrossed to American soil, where they have repaired their reverses, in order to cross again to their own country to continue their raids of devastation and extermination. And it is to be noted, because it is a most eloquent fact, that while the savages and the cattle-thieves undertake their excursions, setting out from unpopulated regions, and without the authorities knowing not only of their movements but not even of their purposes, the revolutionists have organized in the populated parts of Texas, and even in certain of her principal cities.
The organization in Texas of those disturbances of the public peace of Mexico and their passage to Mexican territory, are an undeniable and unimpeachable proof (since [Page 557] they should not he attributed to a bad disposition on the part of the American Government) of the inability, not of the impotence of both governments to guard a frontier so extensive and unpopulated as that which separates the two republics; and if this inability is already demonstrated with respect to the United States—a country peaceful, prosperous, and overflowing with elements of all kinds—to prevent the expeditions which are organized in populated regions, its government should entertain sentiments of great equity toward Mexico when incursions are considered which are prepared in the desert by savages or cattle-thieves, and be less demanding with its present administration, which, according to the words of the honorable Secretary of State, transmitted by your excellency in your note of the 9th of April last, has shown “an increased desire to preserve peace and good order and an endeavor to adopt more vigorous and efficient measures to repress border depredations and raids on the territory of the United States.”
In recording these solemn statements, I cannot do less than bring to my memory, and present to that of your excellency the assurance with which the honorable representative of the United States in Mexico ended his said note of April 9. “I will omit no effort on my part,” said your excellency “to secure a satisfactory adjustment of pending questions, and to re-establish the relations of the two republics on the basis of reciprocal justice, cordial friendship, and a due regard for the dignity and the rights of both nations.”
Unfortunately neither the laudable protestations of your excellency nor the sincere and loyal efforts of the Government of Mexico have been seconded by the troops of the United States, to whose arbitration, it seems, not only the solution of the pending negotiations has been left, but even the destiny of the two republics.
My government, nevertheless, does not despair. It believes and hopes, on the contrary, that your excellency, being acquainted, from your long residence in this country and from your own experience, with the temper of Mexican people and the honorable views of its government, will regard the occasion as having arrived to employ your efforts in giving to the Government of the United States the assurance that measures of conciliation will be more efficacious in arriving at an equitable settlement of pending difficulties than these repeated acts of violence, which cannot merit the approbation of any mind endowed with the sentiments of rectitude and justice.
Your excellency will be pleased to accept, in the meanwhile, the profound consideration with which I sign myself,
Your excellency’s obedient servant,
Mr. Foster to Mr. Mata.
Mexico , July 15, 1878.
Sir: I have had the honor to receive your excellency’s note of the 12th instant, in which is communicated to me the fact that a force of American troops crossed over into Mexican territory during last month, and, it is alleged, took possession of sixty head of cattle and destroyed a small amount of property in the State of Coahuila.
As I have received no information from my government of the event referred to, and for the reason that your excellency informs me that the Mexican minister in Washington has been given decisive instructions to present to the Department of State an energetic protest against the said acts, I do not deem it proper at this time to enter upon any reply to your excellency’s observations in regard to the recent crossing of American troops.
It is however due, from a just respect for the views of your excellency, as well as to the position of this legation, that I should notice some of the statements contained in your said note.
Your excellency says that the Executive of Mexico has thought it proper, in view of the fact that this legation has been charged with the prosecution of the negotiations pending for the settlement of the frontier difficulties, that it should be opportunely informed of the profound displeasure with which the Government of Mexico has received the recent outrage done to the country; that, on account of this lamentable event, that government may be compelled to change the course of those negotiations; and that, if the outrages continue, it may be unable to reach a peaceful solution in harmony with the decorum of the nation and the just demands of public opinion.
It would be to me a source of profound regret if the Government of Mexico should deem it necessary to suspend or change the course of the present negotiations, or should think it impossible to reach a peaceful solution of existing difficulties; and I cannot regard the adoption of such a course as at all justified by the recent crossing of American troops into Mexican territory. Immediately after the recognition of the government [Page 558] of President Diaz by that of the United States, in the first interview which I had with the late secretary of foreign affairs when our official negotiations were initiated, I informed the secretary that the instructions of the Secretary of War of the United States of June 1, 1877, could not be withdrawn until the Government of Mexico adopted some measures or entered with the United States upon some reciprocal agreement, which would make the existence of such instructions unnecessary; and that, if the Indian or cattle raids continued, the instructions would have to be placed in execution, and that American troops would follow the raiders into their places of refuge in Mexico. I also urged upon the said secretary the importance of prompt action in reaching a settlement of the frontier question in view of the constant danger of the recurrence of murderous Indian incursions to prey upon the people of Texas. But I regret to say that, although three months have passed, no adequate measures have been taken and no definite proposition has been made by Mexico to properly settle the frontier difficulties. I would gladly share with your excellency in the belief, which your note seems to express, that the pending questions were so near an efficacious and durable solution when the recent crossing of American troops occurred.
Up to the present time the Government of Mexico had declined to submit any written proposition whatever to this legation for an adjustment of the border troubles, and the verbal statement which your excellency has made to me was coupled with a condition which, as I expressed at the time, makes it difficult if not entirely impracticable for my government to entertain it.
It is well known that since the initiation of our negotiations several Indian raids have occurred from Mexico into Texas, more murderous and destructive in their consequences than for several years past. I cannot understand, therefore, why the executive of Mexico should consider that the recent crossing of American troops might make it necessary to change the course of pending negotiations, or cause it to think that a peaceful solution of them would be impossible, when they were commenced upon a notification that the event referred to would occur in the threatened contingency of Indian or other raids taking place.
I coincide with your excellency in the statement that during recent years bands of savage Indians have proceeded from both countries and have carried death and destruction into the territory of the neighboring nation. But I also desire to add that the Mexican troops have always been permitted to follow these enemies of our common civilization whenever they have sought a refuge in American territory, and have been welcomed and aided by the troops and citizens of the United States. These facts can readily be attested by the governors and military officers of the frontier States of Sonora and Chihuahua, during the administration of Presidents Juarez and Lerdo.
On the other hand, I desire to dissent from the statement which your excellency has joined to the foregoing, that cattle-stealing is carried on from both banks of the Rio Grande. In 1875, under express instructions from the Secretary of State of the United States, I made a positive and wholesale denial of this charge, and challenge, the Government of Mexico to present any proof to the contrary, and on the 23d day of June, 1877, I repeated that denial in writing to the government of President Diaz, and it has been made public in both countries. Up to tire present date this legation has not been furnished by the Mexican Government with a single fact to disprove my denial. I am, therefore, surprised that your excellency should make, such an assertion unaccompanied by proofs to sustain it.
On the subject of the frontier troubles my government does not exact of Mexico what it is not willing to grant to that government, as your excellency seems to intimate. I have already referred to the manner in which the crossing of Mexican troops in pursuit of savage Indians, in times past, has been received in the United States. And my constant effort, since the establishment of the government of General Diaz, has been to make some reciprocal arrangement for the pursuit and punishment of outlaws upon the border, proposing to concede to Mexican troops the same privileges which were asked for those of the United States. But my efforts thus far have been unavailing.
It may be true, as your excellency sets forth in your note, that to a limited extent bands of Mexican revolutionists have crossed over from Texas into Mexico with the object of overthrowing the existing government of this country, and after their reverses have fled to the territory of the United States in order to cross again to their own country to continue their attacks upon the existing order of things. But in setting forth so minutely the alleged state of recent events on the Rio Grande, your excellency, unintentionally perhaps, has described with perfect accuracy the experience and treatment had by the present chief of the Mexican Republic on the same frontier only two years ago. It was at that time notorious that General Diaz had left his own country and established himself openly in the chief American city on the Rio Grande, where, in sight of the forces of the constitutional government, which had sustained with that of the United States relations of friendship uninterruptedly for more than sixteen years, he had organized his revolution; that from thence he crossed into Mexico and sought to put that revolution into execution; that after his disastrous reverse, [Page 559] he recrossed on to American soil and recommenced his efforts at revolution; and that, hut for the protection which he received under the American flag on board an American vessel, in front of a Mexican port, even when the troops of the constitutional government had surrounded him, he would probably not now be in the executive chair to cause to be denounced the “conspirators” who, it is complained, from their place of refuge in the United States have been allowed to carry “devastation and extermination to their own country.” He fully understands how a Mexican leader can successfully organize a revolutionary movement in American territory without violating the neutrality laws, and how difficult it is for the government to prevent such movements.
Your excellency does justice to the United States in not attributing the occurrence of these revolutionary events to the bad disposition of my government. It looks with disfavor upon all revolutionary movements which are sought to be organized in its territory against the recognized Government of Mexico, and does all within its power, consistent with the right of political asylum, to repress such efforts in violation of its neutrality laws. Revolutions and revolutionary changes of government in Mexico never fail to bring trouble and embarrassment to the government and citizens of the United States.
The history of the Rio Grande frontier in Mexico for nearly a generation past has been one of almost uninterrupted revolution, disorder, or suspended civil and federal authority; so that the occurrences of the past few months are not unusual events with which the American authorities have had to deal. It is not strange, therefore, when the lives and property of the citizens of Texas are repeatedly sacrificed, and when the Government of Mexico is either unable or neglects to repress the Indian raids, that the Government of the United States should make some earnest efforts to protect its own citizens and punish the savage outlaws, even if in so doing it should become necessary to cross into Mexican territory. And I must protest against such an act being alleged as the cause of breaking off or changing the course of our negotiations, or as making a peaceful solution impossible on the part of Mexico.
I have very freely and repeatedly recognized the efforts of the present administration of Mexico toward the suppression of the cattle-stealing on the lower Rio Grande, and my government was gratified to refer to these efforts as a reason for the recognition of that administration; and if the same measures had been taken on the upper Rio Grande to repress the more murderous and destructive Indian incursions, there would have been no occasion for the recent crossing of American troops, of which your excellency so strongly complains.
I am thankful for the kind terms in which reference is made to my efforts to reach a settlement of existing difficulties, and am highly flattered by the appeal which is made to me to represent to my government the temper of the Mexican people and the honorable views of its government.
I have not failed to communicate to the Secretary of State at Washington the existing state of public sentiment in Mexico, and the embarrassment which attends the present administration in dealing with the questions pending between the two countries.
It has been my constant study to promote and secure peace and cordial friendship between the two republics, and I will continue to labor for those much desired ends. But your excellency must allow me to frankly express my disappointment that my efforts in this direction have not been more decidedly and promptly seconded by the Government of Mexico.
It is well known that the revolution carried on by General Diaz occasioned several grave complaints on the part of the Government of the United States, involving not only the frontier but the honor of its flag, the privileges of its official representatives in this country, the safety of its marine commerce, and the violated rights of the persons and property of American citizens in Mexico.
Ever since the success of the revolution and the establishment of its government, I have been using constant and persistent efforts to secure a settlement of all these disagreeable and serious complaints. But I have been met by delays, postponements, denials of justice, or absolute rejection of the just demands of my government, and up to the present date I have not been able to obtain a satisfactory settlement of a a single one of these questions.
Your excellency must allow me to say that these facts do not enable me to represent to my government in the most favorable light the good disposition of that of Mexico.
I will communicate your excellency’s note to the Secretary of State at Washington by the first opportunity, and, awaiting his instructions, I remain, with sentiments of very distinguished consideration, your obedient servant,