Mr. Ryan to Mr.
Wharton.
Legation of
the United States,
Mexico, August 17, 1889.
(Received August 27.)
No. 70.]
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.,
[Inclosure in No. 70.]
Mr. Ryan to Mr.
Mariscal.
Legation of the United States,
Mexico, August 17,
1889.
Sir: Under specific instructions from my
Government, I have the honor to draw your excellency’s attention anew to
the subject of the violation of United States territory on the 3d day of
March, 1888, by a body of officers and soldiers of the Mexican army, the
facts and circumstances pertaining to which were fully and clearly
presented to your excellency by my distinguished predecessor, Mr. Bragg,
on the 9th of April, 1888, to which, very much to the gratification of
the Government of the United [Page 607]
States, your excellency on the 13th of the same month courteously
responded in that spirit of amity which so happily characterizes the
relations existing between the two nations, that your excellency’s
Government regretted the lamentable events that it had ordered the
arrest and trial by court-martial of the offending parties; and that the
result of such trial would be duly communicated by your excellency to
this legation.
In view of the gravity of the subject, and of your excellency’s uniform
zeal in the promotion of cordial relations between your excellency’s
Government and that of the United States, and of the courtesy which it
has always pleased you to observe towards the latter, you will pardon
the expression of regret that, although one year and four months have
elapsed since the receipt of your excellency’s note, no subsequent
information touching the matter has been received from your excellency’s
Government.
Stripped of all superfluous and irrelevant matter, it appears from
abundant evidence, undisputed so far as I am informed, some of which was
submitted to your Excellency on the 9th day of April, 1889, with the
statement referred to and the balance* I herewith
transmit—
- First. That on the 3d of March, 1888, without the assent of
the United States Government, a squad of Mexican soldiers, under
the active and immediate command of a commissioned officer of
the Mexican army, to wit, a lieutenant, 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, in
the county of Maverick, and State of Texas, for the purpose of
kidnapping one Atanacio Luis, alleged to be a deserter from the
Mexican army, but at the time engaged in lawful labor in the
city of Eagle Pass.
- Second. 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 any and all
persons discovered by him in the 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
feloniously and forcibly to 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 has sustained great
damage.
I assume that these two propositions, referred to as first and second,
are true, in substance and fact; and therefore I submit to your
Excellency that the United States Government has a right to expect from
the Government of Mexico not only the disapproval and regrets so
promptly and courteously expressed in your Excellency’s note of the 13th
of April, 1888, but that the offenders shall be suitably punished, if
they have not been, and also indemnity adequate to cover all damages
arising from injuries which may have resulted from the unlawful act
stated to any officer of the city of Eagle Pass, or of the county of
Maverick, or of the State of Texas, or of the United States, or to any
citizen thereof, or to any person entitled to the protection of the laws
thereof.
Not doubting that your Excellency’s Government will promptly recognize
its just obligation in the premises, I would pray for a conference at as
early a day as may be agreeable to your Excellency, to treat on the
reparation to be given, to the end that suitable indemnity may be
awarded by your Excellency’s Government to cover the damages referred
to.
I beg to renew, etc.,
