No. 342.
Mr. Bayard to Mr. Romero.

Sir: I have the honor to acknowledge the receipt of your note of the 29th ultimo, in relation to the recent occurrence at Teopar, in the State [Page 728] of Sonora, when Captain Crawford, of the United States Army, was killed by certain Mexican volunteers who attacked his camp.

As both Governments are awaiting the further ascertainment of facts necessary to establish the responsibility for that distressing occurrence, I presume that I am to understand your note as written out of abundant caution and reserve, and not as an invitation to discuss the question on its merits so far as they now appear.

I cannot, however, refrain from expressing my dissent from the inference you seek to draw from the willingness expressed by Lieutenant Maus to admit that the first attack was through a mistake as to the identity of Captain Crawford’s command. This inference is incompatible with the established facts. There were two distinct attacks upon Captain Crawford’s encampment. The first occurred at daylight when a volley was fired into the camp by the Mexicans and returned. After that, in the open and in daylight, Captain Crawford, with his interpreter, under a white flag of truce, had a conference with the leaders of the Mexican party, and his identity and mission were fully made known. It was not until after that conference that the second attack was made, when Captain Crawford was shot in the open, and in full sight of both camps.

Had you been aware of this, I doubt not you would have suspended judgment and not argued the innocence of the Mexican party from Lieutenant Maus’s frank admission that the first attack at daylight may possibly have been due to a mistake as to the identity of his party.

Accept, sir, &c.,