Mr. Ryan to Mr. Wharton.
Mexico, August 17, 1889. (Received August 27.)
Sir: Referring to your No. 27 of July 8 last, relative to the claim of Shadrack White, deputy sheriff of Maverick County, Texas, 1 have the honor to advise you that, pursuant thereto, I addressed to Mr. Mariscal [Page 606] a note, copy whereof is herewith inclosed, drawing his attention anew to the subject of the violation of United States territory by Mexican officers and soldiers on the 3d of March, 1888, and reminding him that my predecessor on the 9th day of April, 1888, brought the facts relating thereto to his notice; and that, although lie replied on the 13th of the same month, expressing regret and stating that the offenders had been arrested and ordered for trial by court-martial, and that he would duly communicate the proceedings and result of such trial, nevertheless, no subsequent information had been received from the Mexican Government. Proceeding, I called Mr. Mariscal’s attention to the evidence, affirming that it clearly established two propositions: First, that on the 3d day of March, 1888, without the assent of the United States Government, a squad of Mexican soldiers under command of a commissioned officer of the Mexican army, evidently acting under orders of his superior officer, made an incursion from Mexico into the United States, to wit, into the city of Eagle Pass, Texas, for the purpose of kidnapping one Luis, alleged to be a deserter from the Mexican army, but, at the time, engaged in lawful labor; second, that, having been observed by Shadrack White, then deputy sheriff of Maverick County (a peace officer, charged by law with the obligation of arresting and bringing to justice all persons discovered by him in a commission of a breach of the peace, misdemeanor, or felony), in the act of brutally beating the said Luis, in said city of Eagle Pass, in an attempt to feloniously and forcibly seize and remove him from the territory of the United States, the said deputy sheriff commanded them (the squad referred to) to desist, informing them that he was such officer, and that he would arrest all of them; whereupon they resisted his authority and menaced his life by covering his person with two loaded revolvers; and when, a few moments thereafter, in the discharge of his lawful duty, the said deputy sheriff again attempted to arrest them, they fired upon him, inflicting serious wounds, from which his right hand is permanently disabled, whereby he sustained great damage.
Assuming these two propositions to be true in substance and fact, I submitted to his excellency that the United States Government has a right to expect from the Mexican Government full reparation, including indemnity adequate to cover all damages arising from injuries which may have resulted from the unlawful act stated; and, expressing the belief that the Mexican Government would promptly recognize its just obligations in the premises, I concluded by praying for a conference at the earliest day agreeable to his excellency, to treat on the reparation to be given, to the end that suitable indemnity may be awarded to cover the damage referred to.
I am, etc.,