No. 377.
Mr. Cuellar to Mr. Evarts.

[Translation.]

Sir: The Government of Mexico has sent me the official dispatch which I inclose with this note, and which refers to a movement executed [Page 665] by United States troops on Mexican soil on the 29th of September last, with the apparent object of attacking an encampment of Lipan Indians near Piedras Negras. It instructs me, at the same time, to call the attention of your Department to the following considerations, which have acquired greater importance in view of the notices that have been published, without any contradiction, by the press of this country, concerning another military expedition into the territory of Mexico, under Lieutenant Young, under circumstances still more aggravating than that of Lieutenant-Colonel Shafter.

With respect to this latter, the Government of Mexico desires me to present the following circumstances to the consideration of your Department:

1st.
This military expedition across the dividing line between the two republics took place while the representations were yet unanswered which I had the honor to make to the Department of State on the 7th of September last, in pursuance of instructions from my government, and on account of other occurrences of the same character.
2d.
In this new case superior instructions had been given, as is shown by the official dispatch of Lieutenant-Colonel Shafter, which has been published in the newspapers of this country.
3d.
The occurrence also implies an infraction of the instructions given to General Ord on the 1st of June last, since Lieutenant-Colonel Shafter himself admits that Lieutenant Bullis did not enter Mexico in pursuit of cattle-thieves or Indians, following a fresh trail, but for the purpose of attacking a camp of Lipans which had been established for some time at Remolino.
4th.
Instead of trying to bring about a friendly feeling between the troops of the two countries, as recommended by the order of June 1, Lieutenant-Colonel Shafter declares that he did not feel justified in attacking the Mexican force on account of the smallness of its (his?) number.
5th.
According to the inclosed dispatch of Colonel Rodriguez, Lieutenant Bullis took possession, not only of the horses belonging to the Lipans, but of those which several Mexican citizens had at neighboring ranches.

In the opinion of my government, the above-mentioned circumstances give to the acts committed by the officers referred to a character of gravity superior to that of other incidents of the same kind which have taken place previously, and render it impossible to consider the conduct of Lieutenant-Colonel Shafter and Lieutenant Bullis otherwise than as hostile acts which go beyond the motives and objects referred to in the order given to General Ord on the 1st of June. The same opinion will undoubtedly be formed by the Mexican Government when it becomes aware of the character of the last expedition under Lieutenant Young.

The instructions of my government and the consideration that the acts to which I have adverted may have an unfavorable influence upon the friendly sentiments reciprocally entertained by the people of Mexico and those of the United States, and give rise to the danger of a collision which the Mexican Government earnestly desires to avoid, have induced me to call your attention to the above-mentioned cases, and render it my painful duty to protest, as I hereby do, in the name of the Mexican Republic, against this violation of its territory.

The Government of Mexico also instructs me to express its desire to receive a reply to this note and to the one aforesaid of September 7, explaining that the object of both is that provided for in the treaties now [Page 666] in force between the two republics, viz, to present, whenever cases arise, which are calculated to disturb the friendship which binds them, peaceful observations tending to bring about a rational and just arrangement. The Government of Mexico refers, in this connection, to the treaty of April 5, 1831 (article 34, fraction 3), that of February 2, 1848 (article 21), and that of December 30, 1853 (article 7).

The present accidental position of the Government of Mexico and that of the United States is not, in the opinion of the former, an obstacle which should prevent the precautionary stipulations above referred to from having their effect, since their very object is to facilitate the re-establishment of good understanding and regular relations between the two countries, when any incident occurs that is calculated to disturb them.

I have, &c.,

JOSÉ T. de CUELLAR.
[Inclosure.—Translation.]

Official dispatch concerning United States troops.

ministry of war and of marine—section 1—constitutional army, line of the north—second general-in-chief.

Under date of the 4th instant General Anacleto E. Falcon writes to me, as follows, from Piedras Negras:

national army—general of brigade.

“Under Nos. 1 and 2 I send you the communications which the citizen Colonel Rodriguez has addressed to me from Zaragoza, in reference to the crossing of a party of American troops into our territory. By the same notes you will see what was the result of those expeditions, so that I hope you will give me positive orders for my action in a similar case, if repeated.”

Which I have the honor to communicate to you, inclosing a copy of the communications already referred to, to the end that, in view of them, you may adopt such measures as you may think proper.

Liberty in the constitution.


F. NARANGO.

To the Citizen General, Minister of War and of Marine, City of Mexico.

No. 1.
first cavalry corps—colonel.

This very moment, at four o’clock in the afternoon, I have been informed by a cowherd that a party of negroes crossed, a quarter of a league from here, at the Rancho de los Patiños, at eleven o’clock this morning, being doubtless in pursuit of some Indians, since they reached the camp of the latter and prepared for action. As I am informed they were not all negroes, there being some Indians among them, I shall soon go with a force to investigate the facts and to give them a thrashing if necessary.

Liberty in the constitution.


INOCENTE RODRIGUEZ.

The Citizen General A. R. Falcon,
Chief of the Line, Piedras Negras.

[Page 667]

No. 2.
first cavalry corps—colonel.

At 5 o’clock in the afternoon of the 29th of September last, the citizen municipal president of this city informed me that a party of American soldiers had invaded our territory, apparently for the purpose of pursuing the Lipan Indians, who are, by chance, encamped at a distance of a league and a half from the Rancho de los Patiños, toward the wilderness, and four leagues from the city. I at once prepared to march with a party of 100 cavalrymen belonging to my command, accompanied by the citizens Vincente Garza, Espiridion Mesa, Vicente Hernandez and two other men who voluntarily offered to assist me in the expedition and to act as guides in case of necessity. On leaving this town, I started in the direction of the parish of Remolino, and while on the road between the two towns, I met a messenger from the assistant judge of that parish, who informed me that they had passed near that village, after having attacked the camp of the Lipans and burnt their lodges, carrying off with them five squaws whom they had captured during the attack, together with quite a large number of horses, which, as I have since learned, belonged not only to the Indians but also to several citizens whose ranches are near the Indian encampment. At half past twelve o’clock at night. I reached Remolino, where six more men voluntarily joined me. I at once sent out a scouting party, consisting of 20 soldiers of my command, and 10 villagers who were familiar with the neighborhood, under the citizen Captain Aurelio Campos, with orders to follow the trail of the American force until they should be able to observe its movements, while the rest of my party fed their horses preparatory to following also. At 7 o’clock on the morning of the day following, the aforesaid Captain Campos sent me word that he had overtaken the American troops at the head of the San Diego River, as they were commencing their march toward the Rio Bravo, after having joined another force that had been encamped there, and 200 men more who had passed at Palo Blancar above the town of Jimenez; these had come to protect the retreat of the party that had attacked the Lipans, and on seeing the Mexican force they left their camp, took possession of a hill, and formed a line of battle composed of 500 horsemen; both forces remained facing each other, and after making a few changes of front, the American soldiers, followed at a short distance by our advance, and retreating all the time, started on the double-quick for the well-known ford called “Thirty-one,” when they perceived the rest of the force which followed them about five leagues beyond the head of the San Diego, when I ordered them to return, it being impossible to pursue the retreating force any further in consequence of the fatigued condition of our horses, which had already traveled more than thirty leagues, and I having been informed by persons familiar with the locality that no water could be found for a distance of more than fifteen leagues. I then resolved to go to San Vicente, where I remained twelve hours for the purpose of watching the movements that might be made by the American force, and of preventing them from recrossing at the fords by which they had entered our territory. Having been informed by my scouts that the Americans had gone in the direction of the aforesaid ford “Thirty-one,” and feeling convinced that they would return to their own territory that same day, I ordered a return, so that the men might get food and the horses rest.

I have the honor to communicate the foregoing for your information, and in the performance of my duty.

Constitution and liberty.


INOCENTE ROURIGUEZ.

The Citizen General Anacleto R. Falcon, Piedras Negras.

A copy.

On account of the illness of the citizen chief clerk.

MANUEL BALBONTIN,
First Clerk

A copy.

ELENTERIO AVILA,
Chief Clerk.

A copy.

CAYETANO ROMERO,
Second Secretary.