No. 488.
Mr. Hunter
to Mr. Morgan.
Department
of State,
Washington, October 9,
1880.
No. 71.]
Sir: On the 17th of July last, by instruction No.
130, Mr. William Schuchardt, the United States vice-consul at Piedras
Negras, was directed to furnish the department with a detailed and
circumstantial report in relation to the impressment of American citizens
for service in the Mexican army. Mr. Schuchardt’s reply to that instruction
is his dispatch No. 254, of the 15th of August last, in which is detailed
the facts and circumstances attending the impressment in the thirty-first
battalion of the Mexican army of the following-named persons, viz: Felipe
Burnato, Santos Hernandez, Miguel Guerrero, Manuel Guerrero, and George
Cinio. For your complete information, a copy of Mr. Sehuchardt’s dispatch
and of its accompaniments is herewith inclosed.
[Page 777]
From the circumstances presented in that dispatch, being the detailed
proceedings on the part of the local authorities of Piedras Negras and Las
Vacas, their actions appear to the Department to be not only in
contravention of public law and national comity, but also a clear and plain
violation and disregard of the stipulations of the fourteenth article of the
treaty of 1831 between the United States and Mexico, this article being
included in the portion of the treaty of 1831 revived by the seventeenth
article of the treaty of Guadalupe Hidalgo.
It seems almost needless to add that there is scarcely any act of which a
nation should be less tolerant than that of a neighboring power forcibly
impressing its citizens into their military service, perhaps to be obliged,
at some future time, to fight against their own flag.
In view of the foregoing circumstances, if in all respects they be well
founded, you are hereby instructed to demand of the Mexican Government the
instant release of these men, and their being sent unmolested to their homes
in Texas, or allowed to proceed, likewise without molestation, to any point
in Mexico where they may have business or may desire to go, and you will
also ask for reasonable pecuniary indemnity for the detention, annoyance,
and inconvenience to which they may have been thus unwarrantably subjected.
You will likewise urge upon the Mexican Government the apparent necessity of
the adoption, in the interest of international peace, friendship, and good
neighborhood, of such measures, and the immediate issuance of such orders to
its civil and military officers on the frontier, as will prevent occurrences
of a like nature in the future.
If the fact of Mr. Burnato’s not being a citizen of the United States should
be brought up by the Mexican Government, you will suggest that for fourteen
years he has been a permanent resident of this country, of which he had
declared his intention to become a citizen, and has thus been under the
protection of this government, its laws and treaties, and it would seem very
ungracious for the Mexican Government to insist under these circumstances on
making any unfavorable distinction in his case.
* * * * * * *
You will give the subject your early and earnest attention, and report the
result of your proceedings to the Department for its information.
I am, &c.,
W. HUNTER,
Acting
Secretary.
[Inclosure in Mr. Hunter’s No.
71.]
Mr. Schuchardt to
Mr. Hunter.
Consulate of the United States of America,
Piedras Negras, Mexico, August 15, 1880. (Received August
25.)
No. 254.]
Sir: I have the honor to acknowledge the
receipt of your instruction numbered 130, dated July 17, 1880, in which
you inform me that the Department will expect a detailed and
circumstantial report relative to the impressment of American citizens
for service in the Mexican army. I respectfully herewith submit the
following report for the information of the Department. Felipe Burnato,
on or about the 1st day of November, 1879, was apprehended at Piedras
Negras by custom-house guards for smuggling 18 bottles of beer from
Eagle Pass, Texas, to Piedras Negras, Mexico. For this violation of the
revenue laws Burnato was sentenced by Mr. E. Baz, the administrador
(collector) of the custom-house of Piedras Negras, to five years’
service as a soldier in the thirty-first battalion of the regular
Mexican army.
Santos Hernandez and Miguel and Manuel Guerrero, together with their
mother, Josefa Hernandez de Guerrero, left San Antonio, Texas, where
they had lived nearly
[Page 778]
their
whole life, with the intention to visit some relatives in Mexico. On
reaching the border they became short of means, and in order to provide
themselves with the necessaries to proceed on their journey they worked
for some time at or near San Felipe, Texas, opposite of a village called
Las Vacas on the Mexican side of the Rio Grande. When they had earned by
their work sufficient money they resumed their journey, crossing the Rio
Grande at San Felipe. On their arrival at Las Vacas they were
apprehended by some of the “colones militares,” a Mexican irregular
troop, and after being despoiled of their horses, arms, and all they
had, were escorted by their captors to Piedras Negras, delivered at the
quarters of the thirty-first battalian, and without being told of the
cause of their arrest were made soldiers. They never had a hearing or
trial before any judge or any other official. Josefa Hernandez, the
mother of Miguel and Manuel Guerrero, who implored my protection, made
the statement before me. Their arrest was made some time in February or
March. They were not allowed to see me. George Cinio, colored, formerly
a soldier of the United States Army, was arrested by order of the
alcalde of Piedras Negras, sent to the quarters of the thirty-first
battalion, there made a soldier. He applied to me in writing, stating
that he was entirely ignorant of the cause of his arrest, never having
had a trial, or even a hearing, before the alcalde, or any judge, or
other official. To this statement of Cinio the alcalde agrees, excusing
his action by saying that there were many complaints made about Cinio’s
conduct, and that by the disposition of the gefe politico, the alcalde’s
superior, Cinio was left where he was until otherwise disposed of; that
he, however, would release him if I would be responsible for his
conduct. This I declined to do, but stated to the alcalde that I would
inform my government of the facts.
* * * * * * *
I have the honor to transmit herewith the following inclosures relating
to the citizenship of three of the above mentioned persons: No. 1.
Statement of Faustina García; No. 2. Statement of Jesús Samora; and No.
3. Statement of J. W. Bonnet. Referring to Miguel Guerrero, I have no
document which proves his American citizenship, but being a step-brother
of Manuel Guerrero, I am satisfied that he is an American citizen.
George Cinio being born in the United States, and having served in the
Army of the United States, is an American citizen.
I am, &c.,
WM. SCHUCHARDT,
United States
Vice-Consul.
In district court.
The State of Texas,
County of Maverick:
Personally appeared Felipe Burnato, who declares upon oath that he is a
natural-born citizen of the Republic of Mexico; that he was born in
Monclova; that he is 31 years of age; that he emigrated to the United
States of America, and arrived at the port of Eagle Pass. State of
Texas, on or about the month of September, 1866; that it is his bona-fide intention to become a citizen of the
United States of America, and renounce forever all allegiance and
fidelity to any foreign prince, potentate, state, or sovereignty
whatsoever, and particularly any and all allegiance to the Government of
the Republic of Mexico; and that he will bear true allegiance to the
United States and support the Constitution of the same.
FELIPE his + mark. BURNATO.
Sworn to and subscribed before me, Albert Tuerpe, this 1st day of
November, A. D. 1872.
ALBERT TUERPE,
Clerk District
Court, Maverick County, Texas.
State of Texas,
County of Maverick:
I hereby certify the above to be a true copy of the original from the
records of the district court of said county.
Witness my hand and official seal at
office in Eagle Pass, this 5th day of May, A. D.
1880.
[
l. s.]
JOS.
HOFSTETTER,
Clerk District Court,
Maverick County, Texas.
The United States,
The State of Texas, County of Maverick, ss:
Personally appeared before me, the undersigned authority, Faustina
García, who, after being duly sworn, deposes and says: My name is
Faustina García; I reside in
[Page 779]
the town of Eagle Pass, county of Maverick, State of Texas; I am the
wife of Felipe Burnato; I was lawfully married to him about twelve years
ago in the city of Monclova, State of Coahuila, Republic of Mexico, on
or about November 1, 1872; Felipe Burnato, my husband, declared his
intention to become a citizen of the United States of America, and
renounced forever all allegiance and fidelity to any foreign prince,
potentate, state, or sovereignty whatsoever, and particularly any and
all allegiance to the Government of the Republic of Mexico, and that he
will bear true allegiance to the United States and support the
Constitution of the same. And that on or about the 1st day of November,
A. D. 1879, Felipe Burnato, my husband, was detained in custody by the
custom-house authorities of Piedras Negras, State of Coahuila, Republic
of Mexico, in violation of revenue laws of the Republic of Mexico, and
about the same time the collector of customs at Piedras Negras did order
and express a sentence of five years’ confinement upon Felipe Burnato to
the military prison at Piedras Negras, State of Coahuila, Republic of
Mexico, without any judicial proceedings, as required by the
constitution and laws of the Republic of Mexico; and the said Felipe
Burnato is now required, against his own will, to enlist in the service
of the army of the Republic of Mexico, whose allegiance he had renounced
forever; and I, as the wife of the said Felipe Burnato, by virtue of his
declaration to become a citizen of the United States of America, make
known to the consul of the United States at Piedras Negras, Mexico, that
the said Felipe Burnato is now illegally deprived from his liberty.
FAUSTINA her X mark. GARCÍA.
Sworn and subscribed to before me this 5th day of May, A.
D. 1880.
[
l. s.]
F. C. DELL,
United States Commissioner Western District of
Texas.
The State of Texas,
County of Bexar:
Personally appeared before, me the undersigned, Jesús Samora, who, after
being sworn, says that he is the identical person who stood as
god-father for the boy child Manuel Guerrero, whose father was Manuel
Guerrero and mother Josefa Fernandez, and same boy child mentioned in
certificate signed J. C. Neraz, and said Manuel Guerrero in the
certificate is the identical person now a soldier in the Mexican army;
and said Manuel Guerrero was born in Bexar County, State of Texas,
United States of America; and said Manuel Guerrero is now, and always
has been, a citizen of the State of Texas and of the United States of
America, and never a citizen of the Republic of Mexico, and has always
lived in Bexar County, Texas, United States of America, and never
claimed to be a citizen of the Republic of Mexico.
JESÚS his X mark. SAMORA.
Subscribed (by making a mark within his name for signature, declaring
his inability to write) and sworn to before me this 20th day of
April, A. D. 1880. To certify which, I hereunto sign my name and
affix the seal of the county court of Bexar County, at office in San
Antonio, Texas, the day and year lastly herein above written.
[
l. s.]
SAM. S. SMITH,
Clerk of Court, Bexar Co.,
Texas
,
By
THAD. W. SMITH,
Deputy.
The State of Texas:
County of Maverick:
This day personally appeared before the undersigned authority, J. W.
Bonnet, to me well known, who, after being by me duly sworn, deposes on
his oath, and says that he has been personally acquainted with Santos
Hernandez since the year A. D. 1861, and that at that time the said
Santos Hernandez was a soldier in the Army of the United States
Government and doing duty as a soldier, and that he verily believes that
the said Santos Hernandez is a bona-fide resident
of the United States of America.
Sworn to and subscribed before me, at office in Eagle Pass, this 25th
day of May, A. D. 1880.
LACY McKENZIE,
Justice of the
Peace for Precinct No. One, Maverick County,
Texas.
[Page 780]
Mr. Schuchardt:
Sanito Troquillo was also in my brother’s company, and knows Santos
Hernandez to have been a soldier in Captain Bonnet’s company of the
First United States Texas Volunteers. He was here yesterday. I spoke to
him about Santos Hernandez. He was willing to make oath, but has gone to
the Pendense and will not return for perhaps a week. I hope the inclosed
will be sufficient to cause the release of the party incarcerated.
Respectfully,
