No. 476.
Mr. Morgan
to Mr. Evarts.
Legation of
the United States,
Mexico, June 29, 1880.
(Received July 15.)
No. 32.]
Sir: Your cipher telegram which appears to have
been deposited in the Matamoros office on the 18th was received by me on the
19th instant.
I immediately sought and obtained an interview with the minister for foreign
relations, to whom I communicated its contents, and gave him a copy
thereof.
* * * * * * *
In view of the importance of the subject, on the 21st instant I addressed a
formal note to Mr. Ruelas, repeating the request of the President which I
had made of him verbally, on the 19th instant, a copy of which I inclose. To
this note I received an answer on the 23d, a translation of which I inclose.
And I closed the correspondence by a note to Mr. Ruelas on the 26th
instant.
You will observe that the minister for foreign affairs places President
Diaz’s refusal upon the ground that the constitution of Mexico (Art. XVI,
paragraph III) vests in Congress alone the authority to grant permission to
foreign troops to cross into Mexico.
You will also observe that the minister for foreign affairs says that the
Mexican Congress some time ago conferred upon the President the authority to
enter into a convention with the United States by which
[Page 759]
the troops of each nation should be allowed to
pass into the territory of the other in pursuit of hostile Indians; that
this authority still subsists, and that he is willing now to enter upon such
a convention.
I am, &c.,
[Inclosure 5 in No. 32.]
Mr. Morgan to Mr.
Ruelas.
Legation of the United States,
Mexico, June 21,
1880.
Sir: I beg to present to your excellency in a
more formal manner than I did in our interview on Saturday last (19th
instant) the request made by the President of the United States upon the
President of Mexico for permission on the part of the Mexican Government
for the passage of United States troops into the State of Chihuahua in
pursuit of Indians hostile to the United States, who are now, as my
government is informed, in the mountains of that State. These Indians
have for a long time been at war with the United States; they have
committed many depredations upon the citizens thereof; they have stolen
property, burned down houses, murdered men and women and children.
Pressed on every side by the troops of the United States, to avoid
capture and the punishment due to their crimes, they have sought refuge
upon Mexican soil, under the belief that pursuit of them must cease upon
the north bank of the Rio Bravo. In the mountains to which they have
retreated, and in the immunity from pursuit which Mexican soil seems to
give them, they will be able to collect their scattered forces,
reorganize, and, when again prepared to attack, cross the narrow
boundary which separates the two countries, and pouncing upon the
peaceable inhabitants of the frontier when opportunity offers carry war
and flame and murder among them, retreating again to the friendly
mountains which now protect them from pursuit to recommence, when
unopposed by a competent force, their murderous practices at their
leisure.
The hands of these people are lifted against all men. They will destroy
in Mexico as they have destroyed in the United. States. It is as much
the interest of Mexico that they should be captured as it is in the
interest of the United States. They are now within reach of our troops.
They may easily be captured. This opportunity lost, another may not
occur. The frontier between the two countries is so extended that it is
difficult to guard it from end to end. These savages may invade the
United States territory at any point and at any time.
I call your excellency’s attention to a note addressed by yourself to my
predecessor, Mr. Foster, on July 8, 1879, inclosing to him a report made
by parties appointed by the Government of Mexico to investigate the
question of depredation as regards the Apache Indians, in which the
Government of the United States is blamed for carelessness alleged to
exist on their part with respect to the stipulations of 1831, which
oblige both states to prevent the Indians from attacking the citizens of
their respective territories.
The United States, desiring in all cases to comply with her treaty
stipulations, being determined to protect her citizens exposed on an
extended frontier, finds that the depredators upon the people’s property
and the murderers of her citizens have been able to escape into Mexican
territory.
Mexico need apprehend no unpleasant complications from the temporary
presence of United States troops upon her soil. They will go there, if
at all, simply in the pursuit of robbers and murderers, and these
captured they will immediately retire. In the discharge of their duty
they will interfere with the rights of no Mexican. Peace on the frontier
is the object of both governments. No longer step can be made in that
direction than by showing to those who attempt to disturb it on either
side of the frontier that they can find no refuge upon the opposite
territory.
In the interview which I had with your excellency on Saturday last I
understood you to say that the President had been authorized by Congress
to enter into a convention with the United States upon the subject of
either government being allowed to pursue the depredators upon the
property and destroyers of the lives of their respective people into the
territory of the other. The principle seems to be, therefore, admitted
that the right to do so should exist, and I also understood your
excellency to gay that the President was willing to enter upon
negotiations tending to that end. Let us act now and negotiate
hereafter. The danger is imminent and pressing. The exigency of the case
requires action, and prompt action, else it will be worthless, and I
trust that the Mexican Government will see in this request of the
President of the United States the offer of a friendly service to a
friendly power, as well as an act of self-preservation; that permission
may be granted to United States troops to cross
[Page 760]
into Mexican territory, and that largely aided by
the valor and skill of the Mexican troops, they may he able to capture
their common enemy, rid Mexican soil from their unwarranted presence,
and the Mexican people from the danger of murder and robbery which their
presence now insures to them.
I have, &c.,
[Inclosure 6 in No.
32.—Translation.]
Mr. Ruelas to Mr.
Morgan.
Department of Foreign Affairs,
Mexico, June 23,
1880.
Sir: I have the honor to reply to your
excellency’s note dated yesterday, in which, in a more formal manner
than in our conference of the 19th, you are pleased to present the
request of the President of the United States to the President of this
Republic to permit the passage of American troops into the territory of
Chihuahua in pursuit of Indians hostile to those States, which Indians
are in the mountains of the State of Chihuahua.
The President has heard with special interest the arguments addressed in
your excellency’s note in presenting the request to which I refer, and
it has been with positive regret that he has been obliged to decide that
it can not be acceded to, directing me to state to your excellency in
this note the powerful reasons which have determined his refusal. These
are substantially the same that I gave to your excellency in the
conference on the 19th instant.
According to the constitution of the United Mexican States, it is not
within the faculties of the executive power to permit the entrance of
foreign troops into the territory of the federation. The Senate can
authorize the executive to permit the passage of such troops. In May,
1878, the Chamber of Senators authorized the executive to permit the
passage of United States Federal troops into the national territory,
when they should be in close pursuit of parties of savage Indians. This
authorization was subjected by the Senate to the conditions contained in
the five clauses of the respective resolution, of which a copy was
promptly furnished to your legation.
In the memoranda of the conferences held with reference to this subject
in the same year (1878), and in the communications exchanged between the
the department of foreign affairs and the minister of the United States,
it appears that the Mexican Government constantly exhibited the best
disposition for the conclusion of an arrangement for the reciprocal
passage of troops upon the basis agreed to by the Chamber of Senators.
Consequently, the Mexican Government is not responsible if,
notwithstanding its good disposition, it was not possible at that time
to conclude a convention satistory and advantageous to both
republics.
At present the executive is invested with the same faculties granted him
in the resolution of the. Senate of the 29th of May, 1878, and is
animated by the same good disposition to enter into negotiation with
your excellency’s government for the reciprocal passage of troops in
pursuit of hostile Indians, as I stated in our conference of the 19th of
this month. But the executive cannot overstep the authorization granted
to him, as is now desired, by permitting the entrance of United States
troops into Mexican territory without a previous convention, which would
give this privilege to both governments. The executive would violate
said conditions and overstep his constitutional faculties if in the
present case and in the manner solicited he should accede to that
request.
The foregoing is sufficient to convince your excellency that it is not
for want of will, but for the want of legal authority, that the
president of the republic is under the painful necessity of not acceding
to the request of his excellency the President of the United States.
I cannot close this note without referring to an interesting point
alluded to by your excellency in the note to which I am now
replying.
Your excellency is pleased to call the attention of this department to
the note which it addressed to your legation the 8th of July, 1879,
“inclosing a report made by parties appointed by the Government of
Mexico to investigate the question of depredation as regards the Apache
Indians, in which the Government of the United States is blamed for
carelessness alleged to exist on their part with respect to the
stipulations of 1831, which oblige both States to prevent the Indians
from attacking the citizens of their respective territories.” As is to
be noted, the Mexican Government confined itself on that occasion to
demanding compliance with the stipulations of Article XXXIII of the
treaty of the 5th of April, 1831. This article in is relative part says:
“It is likewise agreed that the two contracting parties shall, by all
the means in their power, maintain peace and harmony among the several
Indian nations who inhabit the lands adjacent to the lines and rivers
which form the boundaries of the two countries; and
[Page 761]
the better to attain this object, both
parties bind themselves expressly to restrain by force all hostilities
and incursions on the part of the Indian nations living within their
respective boundaries; so that the United States of America will not
suffer their Indians to attack the citizens of the United Mexican
States, nor the Indians inhabiting their territory; nor will the United
Mexican States permit the Indians residing within their territories to
commit hostilities against the citizens of the United States of America,
nor against the Indians residing within the limits of the United States,
in any manner whatever,”
The Mexican Government has endeavored on its part to comply with this
obligation, and still Continues its endeavors in the same direction, but
it has to limit itself to the stipulations of the article quoted, and it
does not find in it authorization for permitting the passage of United
States troops into Mexican territory, nor for the passage of Mexican
troops to the territory of the United States. Its action for the present
must be confined to the measures it may dictate on this side of the
frontier.
In the case which has given rise to the request of his excellency the
President of the United States, telegraphic orders have been issued
through the War Department to the end that the federal forces nearest to
the section invaded by the Indians may undertake the pursuit of the
Indians within the limits of the republic, placing themselves in accord,
if this should be possible, with the forces of the United States, in
order to make their mutual co-operation more efficacious.
Upon stating the same to your excellency, by direction of the President,
it is pleasant for me to reiterate to you the protestations of my very
distinguished consideration.
