No. 304.
Mr. Morgan to Mr. Bayard.

No. 201.]

Sir: Referring to my No. 184 of 31 ultimo, I have the honor to acknowledge the receipt, at 10.30 p.m. on 12th instant, of your telegram, and to say that yesterday, in obedience to your instructions, I addressed a note to Mr. Mariscal (see inclosure), which is practically a copy of your No. 148, accompanying a copy of Lieutenant Maus’s report and papers connected therewith. * * *

While the tenor of my note to Mr. Mariscal is energetic, I feel assured that it will meet with your approval, (1) as the delay of the Mexican Government in replying to Mr. Jackson’s note of 15th February, last, upon this subject, would seem to be unduly protracted; (2) as President Diaz’s reference to this regretable incident, in his message to Congress on the 1st instant, excused the Mexican troops upon the express ground that such Indian forces as our scouts were not included in the convention for the reciprocal crossing of the frontier by the regular troops of both Governments when in close pursuit of hostile Indians, and (3) as it is expressed in your own language.

I am, sir, &c.,

[Page 586]
[Inclosure in No. 201.]

Mr. Morgan to Mr. Mariscal.

Sir: In obedience to instructions from my own-Government, I have the honor to transmit to your Excellency a copy of Lieut. Marion P. Maus’ report in the matter of the killing of Captain Crawford, Third United States Cavalry, while in camp near the Haros River, Sonora, Mexico, by Mexican troops.

The killing of Captain Crawford is a very serious affair, and should be investigated with great care and thoroughness.

The enlistment of Indian scouts in the United States Army was especially to provide means appropriate to the end in view, for which express conventions exist between Mexico and the United States, i. e., to pursue and capture hostile Indians who were not to be suffered to find an asylum in the territory of either Republic. The broken country and uninhabited regions along the boundaries of the two countries made the movement of other troops practically futile against such hostile fugitive Indians, and the employment of Indian scouts presented almost the only means of successfully subjugating the Indian bands who ravage the thinly-settled region along the Mexican border.

But such Indian scouts are regularly enlisted, paid, armed, and commanded. They are part of the lawful Army of the United States, and were, on the occasion of Captain Crawford’s death, under his command, and were in close pursuit and in the very act of ending successfully a vigorous campaign against a dangerous body of hostile Indians by the capture of Geronimo and his band, when they encountered, unfortunately, the Mexican forces, at whose hands this dreadful injury was sustained.

The testimony of Lieutenant Maus, inclosed herewith, who succeeded Captain Crawford in command, shows, with marked emphasis, hostility to the United States forces on the part of the detachment of Mexican troops and those in command. This hostility was manifested most unmistakably after the killing of Captain Crawford and when full knowledge of the nationality and regularity of the troops under his command had been acquired by the Mexicans. Proofs of this contained in the depositions are found in the utterances and exclamations of the Mexicans, and in the insolent and outrageous detention of Lieutenant Maus as a prisoner until his release was caused by fear of an attack by his forces to obtain his rescue.

The treatment of Lieutenant Maus and the interpreter by the Mexicans was a gross violation of treaty stipulations and a breach of ordinary comity and international usages between friendly powers. The duty to inflict punishment on such offenders and make proper reparation is imposed upon the Government of Mexico, in whose territories and under whose authority the offenders professed to act.

My Government entertains full confidence and the expectation that the Government of Mexico will justly and firmly proceed in the investigation of this lamentable incident and vindicate their own authority, and secure justice to the United States and their officer who was slain in the courageous and honorable discharge of his public duty.

I avail, &c.,