No. 439.
Mr. Morgan
to Mr. Evarts.
Legation of
the United States,
Mexico
,
October 16, 1880.
(Received October 28.)
No. 121.]
Sir: Referring to my dispatch No. 102, and in
continuance thereof, I now have to report that on our return from Mr.
Ruelas’ funeral, Mr. Mariscal informed me that he had been instructed by the
President to state to me that he (the President), had determined to
communicate the request which I had made on the part of the United States
for the passage of our troops into Mexico in pursuit of Victoria and his
band, to the Senate, with the recommendation that it be approved. As I
understood Mr. Mariscal, the proposition of the President was that our
troops should be permitted to cross the boundary in pursuit of Victoria; the
consent to continue for ninety days, after I should be notified thereof,
coupled with the condition that Mexican troops should be allowed the same
privilege in case he escaped from the pursuit which was then being made of
him, Mr. Mariscal saying that the period could be extended without any
difficulty in case the time allowed should not be sufficient to effect his
capture.
Accordingly, on the 21st ultimo, I received a note from Mr. Fernandez, [Page 742] a translation of which I inclose,
from which you will observe that the President did as Mr. Mariscal assured
me he would do.
I did not inform you of this by telegraph because I was in hopes, and I was
led to believe, that the action of the Senate would be prompt and
confirmatory. In this I was disappointed. Several things occurred to prevent
the action of the Senate. In the first place that body meets at 3.30 o’clock
p.m., and rarely remains in session more than an hour and a half; often
there is no quorum, when, of course, nothing is done. Again, the death of
Mr. Ruelas was the cause of their losing a day. Then they were occupied with
the proceedings attending upon the renewal of diplomatic relations with
France, and the nomination and confirmation of a minister to that country.
Then the matter had to be discussed, and there were many objections made to
it. A public sentiment was sought to be raised against it by assertions made
in the prominent journals that I had been instructed to notify, and that I
had notified the government that if they refused the request, our troops
would cross the Rio Grande whether or no. A translation of one of these
notices I inclose.
I left nothing undone which it was in my power to do to bring the question to
a solution, nor did I fail, in my interviews with the officers of the
government with whom I have come in contact, to press upon them, as I was
instructed to do, the importance of the measure, and to warn them of the
resposibility which the Mexican Government would incur if the request was
refused.
The committee to whom the matter was referred reported upon it favorably.
There was a decided opposition to the adoption of the report, arising, as I
am informed, from the fact that, in the opinion of some members of the
Senate, the President has the authority to grant the request without asking
their sanction thereto. Others there are who consider it an imputation upon
the valor of Mexican troops that they should require assistance from any
quarter, and they are not influenced in their action by the fact that
Victoria is now in Mexico, and, with his band, plundering and murdering with
impunity. Others fancy it is a disgrace to the country that a foreign
soldier should be allowed to put his foot upon Mexican territory. Others
also fear that, once any portion of the United States Army gets into Mexico,
they will not leave it voluntarily, and they have very little hope that they
could be forced out.
The inclosed translations from the Monitor Republicano, will show you how the
matter was treated by the press.
My telegram of this date has given you the result of the President’s
recommendation, and the terms upon which our troops will be permitted to
cross into Mexico. They are the best that could be obtained. I am informed
that all the correspondence between this legation and the government, both
with reference to this and my former request upon this subject, was called
for, and I am convinced that if any threat had been found in either of them
a refusal would have been prompt and decided.
I inclose translation of Mr. Fernandez’s note, with its accompanying
documents, announcing the terms upon which his government is prepared to
act. I also inclose copy and translation of cipher telegram sent to you by
me under this date.
I am, &c.,
[Page 743]
[Inclosure 1 in No.
121.—Translation.]
Mr. Fernandez to
Mr. Morgan.
Department of Foreign Affairs,
Mexico
,
September 21,
1880.
Mr. Minister: I had the honor to receive your
excellency’s note of the 18th of the present month, in which you inform
me that the Indian Victoria and his band having taken refuge on Mexican
territory after renewed atrocities in the United States, your excellency
has received instructions from your government to urge upon that of
Mexico the necessity of permitting United States troops to cross the
fronties in pursuit of the savages.
The President, to whom I reported the said note, has resolved, after
submitting the question to the council of ministers, to ask the Senate
for the necessary authorization to concede to the Government of the
United States the permission requested. In due time I will communicate
to your excellency the action of that chamber. In the mean time it is
pleasant for me to inform your excellency that before the receipt of
your note notice had been received in the War Department of the return
of Victoria to the national territory, and that department had already
issued orders for giving activity to the campaign against the
savages.
I entertain, Mr. Minister, the belief that the Government of the United
States and your excellency will give to this determination of the
President its true value; it is an unassailable proof of the zeal
displayed by the executive in giving peace and protection to the
frontier, and of the good faith and sincerity which animate him in the
cultivation of the existing friendship between Mexico and the United
States.
It is pleasant, Mr. Minister, for me to reiterate to your excellency the
protestations of my particular esteem.
[Inclosure 2 in No.
121.—Translation.]
rumor.
[From the Monitor Republicano, October 24,
1880.]
For three days the following rumor has been in circulation:
The American minister sent a note to the government asking permission for
American troops to cross the frontier in pursuit of Indians, stating
that if this permission should be refused they would pass anyhow.
[Inclosure 3 in No.
121.—Translation.]
permission.
[From the Monitor Republicano, October 15, 1880.]
Last night we were told, by persons claiming to be well informed, that
the chamber of Senators approved of the permission for the American
troops to cross into our territory in pursuit of savage Indians; but it
is not known whether our troops will enjoy the same privilege respecting
the territory of the United States.
As the people have the right to know how the questions most nearly
affecting their interests are treated and disposed of, we urge the
Senate, in case the cabinet should not do so, to order the publication
of the basis of this concession, which appears prejudicial to the
nation.
At present very unfavorable comments are made upon it. We dare to hope
that the permission has been granted upon a basis of strict reciprocity
and limited to cases when it is necessary for American troops to cross
into our territory in pursuit of the Indian Victoria, his tribe and
allies.
[Inclosure 4 in No.
121.—Translation.]
discussion.
[Monitor Republicano, October 13,
1880.]
Long and violent has been the discussion caused in the Senate by the note
of the executive asking permission for American troops to cross the
frontiers.
[Page 744]
We hope the good Mexicans who are in that chamber will not give their
approbation to the complacent request of the cabinet, because, as we are
informed, it is very dangerous for Mexico.
[Inclosure 5 in No.
121.—Translation.]
Mexico and the United States.
[From the Monitor Republicano, October 14,
1880.]
It has come to light that in the bosom of the Federal chamber a grave,
very grave discussion has been caused by the note of the executive, in
which permission is asked for the troops of the neighboring nation to
pass our frontier; we say it has come to light, because as is known
these questions are not discussed in public sessions, but are treated in
what is called parliamentary secrecy.
It is true that there is reason, and very serious, for the regulation
requiring that questions like the present, of a delicate character,
should be discussed in secret, but it is not less true that at present
that reserve is contributing to the public alarm, which is spreading
upon its being announced that the North American question is again being
debated.
In fact, of all the questions presented to the consideration of the men
who govern us, there are none so serious, so delicate, as that which
affects our most sacred national interests, and at the same time the
interests of the neighboring republic.
A short time ago it was thought that the diplomatic questions between
Mexico and the United States were terminated, or in the way of
settlement; now we learn that a question of much interest is on the eve
of being decided by the Senate at the request of the government. It is
not out of place to incite the prudence, the wisdom, the patriotism of
the members of the Federal chamber; our small family questions, so to
speak, are not in question, our internal disputes, our struggles of
unwise ambition are not now under discussion; something more sacred is
treated—the national honor, the integrity of our territory, its
inviolability, of being upright and just.
What we should first desire is peace with the neighboring nation, not to
give a motive for any pretext for disturbing the harmony between the two
republics, which should be sisters. Hence it is indispensable that in
the class of treaties or agreements now discussed there should not be
given the slightest pretext for future complications, the result of
which might be the alteration of that harmony which it is to the
interest of both nations should always exist.
At once, without being informed of the details of the question which
agitates the members of the Senate, this is seen: that the permission
for the troops of the neighboring nation to cross our frontier is
dangerous on account of the difficulties it may originate. It is
said—one of our colleagues has affirmed it—that an indispensable
requisite to the permission requested by the government is that the
neighboring republic will, in its turn, permit our troops to cross its
frontier; this is well, it could not be otherwise, anything else would
be an unprecedented humiliation, a violation of that august right which
guarantees the independence of nations among each other; and
notwithstanding, even under an aspect of reciprocity, the affair is very
delicate; it involves questions of national interest, it is very
dangerous, as we said yesterday, and hence it is necessary to appeal to
the patriotism of the citizens who compose the Senate that they may
think and reflect that they are treating the dearest interest of our
unfortunate and beloved country, and that all study and all meditation
are impossible.
Among the Senators themselves, the pro or con of the question is
naturally defended; we, regarding questions which concern alike all
parties, all factions, believe that all will act in good faith; when the
country is materially interested in her present and her future, as in
the present case, we are all Mexicans; the bickerings which divide us
disappear and the same and holy interest unites us. We do not wish to
believe—we do not believe—that there are bastard interests; that some
members of the Federal chamber dissent from the opinions of others is
because there exists a difference of views; each one sees the question
from a different standpoint; each one judges it from a different aspect;
very well then, much study and thought should be given to a concession,
the results of which must have a large influence in the future of
Mexico.
Among the misfortunes which pursue our country like a fatal shadow should
be reckoned the existence of those bands of savages which invade Sonora,
Arizona, and the Gulf of California, and which sometimes trouble our
neighbors. But it should be noted that when they do this, they are
received as they should be; and it is natural to believe that the
resistance they meet will cause them to diminish their raids; the same
is not the case with Mexico, which they annoy more, and not being
governed by the laws of civilization, they are a constant threat to the
towns of our frontier.
[Page 745]
From this view, both countries are interested in destroying—in driving
off that plague which prevents the advancement of those regions, the
rich soil of which gives them the right to the enjoyment of all the laws
and all the benefits of civilization; Mexico is, perhaps, most
interested in putting a stop to those raids, and on this the government
should think seriously and deliberately; but for this reason the
question should be dealt with in such a manner as not to injure the
interests of the neighboring republic nor those of our country, which,
although weak, should prove itself jealous of its independence as a
nation.
Reciprocity, it is true, takes from the concession or treaty the
humiliating aspect, and, nevertheless, there still remain a multitude of
inconveniences, which it is not useless, but very essential, and even
patriotic, to foresee.
When one nation crosses in a warlike manner the frontiers of another,
there is something contrary to international rights; there is something
like an exception to the rules of those rights; and in this case there
is to be feared an injury to the guarantees of one or the other of the
two nations.
From the moment those stipulations become consummated, the danger of a
conflict is greater, and, as we said, we should avoid every shade of
those conflicts between our republic and the neighbor of the North.
Up to the present, we are the real victims of the raids of the savages;
the lands which they invade are in their greater part, ours, and there
is foreshadowed in them great wealth—an incalculable wealth which we
cannot develop owing to those remains of barbarism—those tribes which
have for centuries struggled in the most senseless manner against
civilization, and they have made barren some of our richest
sections.
We think it cannot escape the penetration of our neighbors of the North
that it is highly convenient to Mexican interests to combat, pursue,
exterminate the savages; and that as our country enters upon the era of
peace, the better will the government oppose the advances of savagery.
If railways bring us, as it is supposed they will, a current of
emigration, those deserts will become populated, and then civilization
will invade the domain of the barbarians, obliging them to lay down
their arms, or destroy them in case of necessity.
The neighboring republic, day by day, becomes possessed of greater
elements than we have to fight the savages, and this is proven by the
fact that the raids of the different tribes are made with preference
upon Mexican territory.
These reflections cannot have failed to occur to the members of the
Senate, who are at present discussing that trying and delicate
question.
We do not know the details of the concession or agreement under
discussion; in public we only hear the basis; the passage of American
troops to this side of our frontier.
Once more we appeal to the patriotism of the Senators; once more we wish
to remind them of their duties as Mexicans, in order that they may think
of and study what they do.
[Inclosure 6 in No.
121.—Translation.]
Mr. Fernandez to
Mr. Morgan.
Department of Foreign Affairs,
Mexico
,
October 15,
1880.
Mr. Minister: I have the honor to remit in copy
to your excellency the communication addressed me yesterday by the
secretaries of the Chamber of Senators. In it your excellency will see
that the Senate has prorogued for three months, counted from the 1st of
next December, the authorization granted the President in May, 1878, to
permit Federal troops to leave the republic and enter American
territory, and the passage of Federal troops of the United States of
America into the national territory. Your excellency will also see that
the prorogue has been made on the same basis as in 1878, of which I also
inclose a copy with the amendments prescribed in the resolution passed
by the Senate yesterday.
As in accordance with the latter, the Executive should have an
understanding with the Government of the United States, which regions
maybe considered as deserts, for the purpose of pursuing the savages,
the President proposes that all points distant at least two leagues from
any encampment or settlement in either country may be considered as
such.
He also proposes in virtue of his obligation to regulate the
authorization granted him, that the commander (Jefe) of the forces of
either of the two countries that may enter the territory of the other in
pursuit of savages be obliged, upon crossing the dividing line, or
before, if it should be possible, to give advice of his advance to the
[Page 746] nearest military commander
and political authority of the country in which the pursuit is to he
made.
The President being placed in a position to arrange with the United
States of America this delicate question for a length of time exceeding
that fixed in 1878, he only waits to learn if your excellency’s
government accepts the basis adopted by the Senate, and the propositions
made in this note by the Executive, in order to grant the permission
requested by said government.
I reiterate to your excellency the assurance of my very distinguished
consideration.
Office of the Secretary of the Chamber of
Senators of the Congress of the Union.
The Chamber of Senators in secret session to-day adopted the following
resolution:
-
Clause 1. The authorization granted
to the Executive on the 28th of May, 1878, to permit the
departure of Federal troops beyond the limits of the republic,
and their entrance into American territory, and the passage of
Federal troops of the United States of America into the national
territory, is prorogued for three months, counted from the 1st
of next December.
-
Clause 2. Basis 3, of the
authorization granted in 1878, remains as follows: The pursuing
force that may enter foreign territory shall retire to its
country as soon as it shall have defeated the force pursued or
lost its trail. In no case can the forces of the two countries,
respectively, establish themselves in foreign territory, nor
remain in it longer than is necessary to make the pursuit of the
band, whose trail it followed.
-
Clause 3. The Executive will
regulate this authorization for the better public
service.
We have the honor to transcribe this to you for the information of the
President of the republic, and as the result of your initiative, dated
the 21st of last September.
Liberty in the constitution.
Mexico, October 14,
1880.
- ENRIQUE Ma RUBIO,
Senator,
Secretary.
- FRANCISCO G. HORNADO, Senator,
Secretary.
To the chief clerk in charge of the department
of foreign affairs.
Office of the Secretaries of the Chamber of
Senators of the Congress of the Union. Section 2, Secret Bureau.
In the extra secret session of yesterday the Chamber of Senators passed
the following resolutions:
- First. The Executive is authorized to permit the departure of
Federal troops beyond the limits of the republic and their
entrance into American territory, and the passage of Federal
troops of the United States of America into the national
territory under the following bases:
- I.
- The regular Federal troops of the two republics may
reciprocally pass the dividing line when in close
pursuit of a band of savage Indians.
- II.
- The reciprocal passage of Federal troops for the
pursuit of savages in the desert cannot be made except
in the desert portion of the frontier of the two
countries. The Executive will come to an understanding
with the Government of the United States of America as
to what regions may be considered deserts, for the
purposes of this article.
- III.
- The pursuing force that may enter foreign territory
will retire to its country so soon as the band pursued
shall have been defeated (batido)
or its trail lost. It will also retire if a national
force should present itself on the ground where the
pursuit is being made and undertake to continue the
pursuit. In no case can the forces of the two countries,
respectively, establish themselves in foreign territory,
nor remain in it longer than is necessary to make the
pursuit of the band whose trail is followed.
- IV.
- The abuses committed by the forces crossing into the
territory of the other nation shall be punished
according to their gravity, in conformity with its laws,
by the government to which they belong, as if the abuses
had been committed on its own soil, the same government
also obligating itself to withdraw the responsible
parties from the frontier. In case of offenses committed
by the inhabitants of either country against a foreign
force that may be within its limits, its government is
only responsible [Page 747] to the other government for denial of justice in the
punishment of the guilty parties.
- V.
- This authorization can only be made use of by the
Executive within the time lacking for the completion of
the present Presidential term, and the arrangement which
may be made in virtue of it cannot have effect beyond
that date.
- Second. Upon the conclusion of this business, the government
will remit to the Chamber of Senators, the documents relative
thereto for its information.
Which we communicate to you for its effects.
Liberty in the constitution.
Mexico, May 29,
1880.
- LEONIDES TORRES, Senator,
Secretary.
- J. RIVERA y RIO,
Senator,
Secretary.
To the chief clerk in charge of the department
of foreign affairs.
