No. 878.
Mr. Romero to Mr. Bayard.
Washington, July 19, 1888. (Received July 20.)
Mr. Secretary: Toribio Lozano, a Mexican citizen, born in the State of Nuevo Leon, established in the year 1861, on the Sao Diego ranch, Nueces County, Texas, a sheep farm which he placed in charge of a number of Mexican shepherds. He suffered no further damage to his property for sometime than the occasional killing of a shepherd and the plundering of his flocks by Indians. On the 25th or 26th of November, 1873, however, twelve or fourteen ranch-owners from Dogtown and Stonebridge organized a party which, on the 18th of that month, attacked the Chuza ranch and surprised the shepherds who were in charge of Lozano’s sheep; they bound Filomeno and Epifanio Rios, Vicente García, Jorge Rodriguez, José Maria Rein a, Leonardo Garza, and Bias Mata and hung them to a tree; the other shepherds made their escape and the flocks were dispersed. When Lozano learned of this occurrence he armed twelve men and went to his ranch for the purpose of collecting his sheep, which he was obliged to sell at a price greatly inferior [Page 1307] to their real value. The authorities of Nueces County were duly notified of these facts, and Encarnacion Garza lodged a complaint against the guilty parties; the said authorities, however, confined themselves to taking note of the fact that the crime had been committed, but did not adopt any measures for the detection and arrest of the criminals.
The Mexican legation addressed a note, dated January 28, 1875, to the Department of State, in relation to this case, in which note, after stating the facts that gave rise to this complaint, and examining the evidence on which it was based, it stated that it had received instructions from the Government of Mexico to present a claim against that of the United States, and to ask an indemnity of $18,221.67 for Toribio Lozauo and of $20,000 for each of the families of the seven murdered shepherds.
The Secretary of State replied, on the 19th of February following, declaring that no Government is pecuniarily responsible for the murder of private persons committed by other private persons within the limits of its jurisdiction.
The minister of Mexico again asserted the aforesaid claim, and Mr. Hamilton Fish replied, under date of the 18th of March following, maintaining the position which he had assumed in the matter with respect to the pecuniary responsibility of this Government in the case, adding, however, that he would call “the serious attention of the governor of Texas to these facts.
In the reply of Mr. Mariscal to the Department of State, he observed that the right of the Mexican Government had been recognized to consider the neglect to prosecute the perpetrators of these murders as a denial of justice; he concluded by stating that he was awaiting instructions from his Government, but that he did not withdraw the claim which he had presented.
Mr. Fish replied on the 6th of the following April, denying that it had been recognized that there had been a denial of justice in the case mentioned.
The legation replied on the 17th of the said month of April, furnishing certain explanations with regard to the sense of the words which it had used in its note, and again asserting the claim. This terminated, for the time being, the correspondence exchanged with the Department of State in relation to this case.
Mr. Mariscal, minister of foreign relations of Mexico, has instructed me, under date of the 28th ultimo, to inform the United States Government that inasmuch as Don Francisco Alivares, the representative of Don Toribio Lozano, has again applied to the department under his charge both on his own account and in the name of the families of seven of his shepherds who were murdered in Nueces County, in November, 1873, I renew the claim which was presented several years ago and again ask for the indemnity that was solicited in behalf of Lozano and of the families of the seven murdered shepherds, on the ground of the denial of justice, which appears to be shown in the correspondence of this legation with the Department of State on this subject.
Be pleased to accept, etc.