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.
[Inclosure in No. 201.]
Mr. Morgan to Mr.
Mariscal.
Legation of the United States,
Mexico, April 13,
1886.
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.,
