No. 339.
Mr. Foster to Mr. Evarts.

No. 862.]

Sir: Under date of the 18th instant, the acting minister of foreign affairs sent me a note, inclosed in copy, informing me that the raider Areola, of whose acts you had instructed me to complain, had been arrested, and the minister asked that I would furnish his department with the data in my possession concerning crimes committed by Arreola, in order to communicate them to the judge having jurisdiction of his case.

I answered the minister, on the 21st, that I had already furnished him all the facts possessed by me, but stated that I would send you a copy of his note for your information and action. I also took occasion to refer him to my view of this matter of evidence, as set forth in my note to him of the 25th ultimo (see my dispatch, No. 854, of the 14th instant, inclosure 2); and closed by saying that my government would doubtless recognize in Areola’s arrest an evidence of the good disposition of that of Mexico, and would be gratified to know that this step would result in relieving the Texas frontier from his depredations in the future.

I have to suggest that information of Areola’s arrest, and of the inclosed request of the Mexican Government for evidence of his crimes, be sent to the American authorities in Texas, in the vicinity of Piedras Negras; and also that I be furnished with any further information in the possession of the Department.

I am, &c.

[Page 772]
[Inclosure 1 in No. 862.—Translation.]

Mr. Avila to Mr. Foster.

Mr. Minister: The governor of the State of Coahuila addressed a telegram to the department of government on the 11th of the present month, inclosing another one transmitted to said governor on the 4th by the judge of first instance of Piedras Negras, giving information of the arrest of fourteen individuals, among whom is found Apolonio Areola, whom your excellency has specified as one of those who commit depredations in Texas.

Referring to the note which I addressed to your excellency on the 9th of October last respecting said individual, I pray of your excellency to be pleased, if you think proper, to transmit to this department the data which you may possess concerning the crimes committed by Arreola, in order to communicate them to the judge to whom it pertains to try this individual, if there should be legal ground for it.

I improve this occasion to reiterate to your excellency the protestations of high consideration with which I am your excellency’s obedient servant.

[Inclosure 2 in No. 862.]

Mr. Foster to Mr. Avila.

Sir: I have to acknowledge receipt of your honor’s note of the 18th instant, in which you inform me of the arrest of the Mexican citizen Areola, and request that I will send to your department the data which I may possess concerning the crimes committed by him, in order to communicate them to the judge who has jurisdiction of his case.

I have already communicated to your honor’s department all the information which I have received up to this date. I will transmit a copy of your said note to the Department of State at Washington, for its information and action; and I will not fail to advise your honor of any further data I may receive.

It will, however, be remembered that in my note of the 25th ultimo I stated the general view of this question as to evidence. Areola has for a long time borne the reputation of a notorious raider and outlaw. It may be difficult to establish his guilt, in the form required by the Mexican code, by specific proof of particular acts committed in Texas, but there can be no question of the tact of his outlawry, and it would seem from the reports of the American officials that he has, up to the recent arrest, been tolerated by the Mexican local authorities on the Rio Grande.

My government will, doubtless, recognize in his arrest an evidence of the good disposition of the Federal Government of Mexico to give attention to the complaints made through this legation, and will be gratified to know that this step has been followed by such measures as will relieve the Texas frontier from his depredations in the future.

I embrace this opportunity to reassure your honor of my very distinguished consideration.