Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress, December 4, 1893

Mr. Gresham to Señor Romero.

Department of State,
Washington, October 12, 1893.

Sir: Adverting to your note of August 5th last, relative to the alleged pursuit into the territory of Mexico on June 30th of one Jesus Holguin by Capt. Frank C. Jones and the protest of your Government occasioned thereby, I have the honor to say that I have received a letter on the subject from the governor of Texas, together with copies of reports named below, transcripts of which I send you herewith.

The governor of Texas writes as follows:

Complying with your request of August 16th, based on the complaint made by M. Romero, Mexican minister, of date the 5th of August, a copy of which you kindly transmit me, which in effect states that on the 30th of June and the 1st of July last armed men from this State invaded the territory of the Republic of Mexico, I have the honor to transmit to you herewith the following data, statement, and answer.

(1) Copy of a report from W. H. Mabry, adjutant-general of Texas, dated the 9th instant.

(2) Copy of a report made by Sergt. Kirchner, of the Texas Rangers, to Adjt. Gen. Mabry, dated the 2d of July.

(3) Copy of a report from Jno. R. Hughes, captain Company D, Frontier Battalion of Texas, to Adjt. Gen. Mabry, dated September 4.

(4) Copy of supplemental report of said Capt. Hughes, dated September 6, to Adjt. Gen. Mabry, all bearing directly upon the complaint made by the Mexican minister.

These reports are corroborative of my own view and understanding of the facts and circumstances connected with the alleged trespass in controversy by Capt. Jones and his Rangers, to wit:

• First. That the boundary line between the United States and Mexico has never been so definitely settled as to be known except by citizens of long residence on the border.
• Second. That near the particular point where Capt. Jones was killed while engaged in the alleged trespass upon Mexican soil the Rio Grande once had its channel, but by flood in 1854 it was changed so as to make its bed since then about 6 miles this side thereof, leaving an island between the old and the new courses of several thousand acres, now inhabited by several hundred people.
• Third. That this island (so called) is a convenient resort for the people of both Governments who wish to claim allegiance to or act in defiance of either Government.
• Fourth. That the old river bed, the true boundary line between Mexico and the United States, has become filled up and so obliterated that it is practicably impossible for it to be recognized.
• Fifth. That Capt. Jones, recently transferred to the El Paso section, while in the performance of his duties in pursuit of Texas citizens charged with crimes in Texas courts, evidently feeling that he was still in Texas territory, perhaps passed beyond the old river bed, and if so, ignorantly, to a point a few hundred yards on the Mexican side, where he was ambushed and murdered by the criminal refugees.
• Sixth. That on the next day a posse of Texas citizens, under the summons of the El Paso sheriff, went to the old river bed, the said line between the two Governments, and made demand on the Mexican authorities for the return of the dead body of Capt. Jones, which was properly and humanely complied with, so that, if there was a trespass at all, which is not clear, it was by Capt. Jones in crossing the old river bed on the 30th of June, while ignorant of where it was, in pursuit of American citizens charged with crime, when he lost his life a short distance over on the Mexican side. In the act there was no assault on Mexican citizens and no wanton nor intentional invasion of Mexican territory.

The law-abiding citizens of both sides have escaped all disturbance and intentional wrong by the officers of Texas or Mexico. These officers have acted for the protection of life, liberty, and property in the execution of their official duties to the satisfaction of the peaceful citizens along the border, but with terror, I am glad to say, to the criminal element who have so long created disturbances between the two Republics.

The officers and law-abiding citizens of Texas entertain the profoundest respect and increasing friendship for President Diaz and the authorities of Mexico and their able minister at Washington. They are in full sympathy with them in their efforts to maintain peace and friendly relations between the two Governments, and are ready and willing at all times to join them in honorable efforts to perpetuate this much-cherished condition.

He also adverts to the fact that frequently within the past few years the Mexican people along the border of the Rio Grande have similarly crossed the line in pursuit of Mexican criminals and alludes to the circumstances under which, by reason of the shifting bed of the river and the wild character of the country, these generally unintentional invasions occur. It is, of course, precisely this class of questions that the two Governments are intimately concerned in bringing to an end by the adjudication of the riparian boundary commission to be established under the convention of March 1, 1889. It is proper to state in this connection that Col. Anson Mills, U. S. Army, was yesterday nominated to the Senate as the commissioner of the United States under Article ii, of the Boundary Convention of March 1, 1889. It will be seen by the inclosed correspondence that there was no intention to invade the territory of Mexico in the case presented.

Accept, etc.,

W. Q. Gresham

[Inclosure.]

Gen. Mabry to Governor Hogg.

Adjutant-General’s Office,
Austin Tex., September 9, 1893.

I have the honor to acknowledge the receipt of your letter of inquiry of the 22d ultimo, relative to the complaint of the Mexican Government for violation of Mexican territory by an armed force from this State under command of Capt. Frank Jones, of the Texas Ranger force; also inclosures from the Hon. W. Q. Gresham, Secretary of State, dated August 16; and letter of complaint of the Mexican Government, made through Mr. M. Romero, minister from Mexico. This delay in answering same is due to my absence from the city.

Replying to subject-matter of inquiry, I have the honor to state that Capt. Frank Jones and his company of Rangers had been but lately transferred by this Department to that section of the State; and at the time he was killed he was in command of a detachment of his company scouting for American citizens, the Holguins, who had been and were known to be depredating upon property of citizens of this State. Having arrived with his company in that section less than ten days prior to this scout he could not know the boundary line between Texas and Mexico where same was not designated by the Rio Grande in its present channel. The little settlement near which the fight took place is situated on what is now known as “Pirate Island,” with the alleged boundary line located about 300 yards this side—east, or north. The island is a section of land bounded, by the river in its present channel on the east and north and by an old channel bed on the south.

It appears that the river in 1854 was changed to its present channel on Texas side by an overflow, with the then channel remaining as the boundary line. This old bed is now partly filled up, with trees and undergrowth growing all over it. It is not clearly defined and is unmarked by any device or surveyor’s signs to designate it. Other old river beds are in same vicinity.

It is shown that Capt. Frank Jones, in command of a detachment of his Ranger company, was scouting in that vicinity for the criminals above named, and on reaching this settlement he had searched it for the purpose of arresting them, if found. Failing to find them, the detachment had started on its return to their camp. Over half a mile from the above settlement, on Texas territory, the Rangers came in view of two Mexicans, who, on being seen by the Ranger detachment, beat a hasty retreat down the road. This road crosses and recrosses the alleged boundary line many times. At one time it is 50 yards within Mexican territory and again as many yards within Texas territory. Under the circumstances, the officers of the law naturally followed in pursuit; and after chasing them about half a mile, the retreating Mexicans permitted themselves to be overtaken near an adjacent adobe house. Hardly had the demand for surrender been uttered before a volley was fired into Capt. Frank Jones and his men from this adobe house and from behind adjacent walls by parties there concealed. In the fight that ensued Capt. Jones was killed.

Capt. Jones and detachment at no time occupied this house, as erroneously stated in communication from the Mexican Government, but held their open ground until informed by a friendly Mexican that they were on Mexican soil. The adobe house was over on the Mexican side and the road in its windings ran in front of it. Up to the time of the above information the facts show that the Ranger detachment did not know that they were invading Mexican territory. There is no doubt but that Capt. Frank Jones and detachment were decoyed into this trap, just over the line into Mexico, by these criminals; and the plan was to murder not only Jones, but his entire detachment. These Holguins were not only in the fight, but one of them was of the party being pursued by the Rangers. Jesus Holguin is the man who led the detachment into the ambush; and the proof shows that his son, Severo Holguin, and kinsman, Antonio Holguin, were in the fight that followed, while the house where the murderers were concealed was the property of Antonio Holguin. These were the three American citizens for the arrest of whom the scout was made.

I find from official correspondence and reports that these Holguins were all citizens and voters of Texas, having been born and raised in El Paso County, this State. They are now fugitives from justice for crimes committed in Texas. Jesus Holguin and his son, Severo Holguin, are indicted and charged with theft of stock and assault to commit murder in El Paso County; while Antonio Holguin is an escaped convict from the penitentiary of this State, convicted of the crime of rape, but escaped before he had served out his time of sentence.

I inclose herewith copy of report made by Corp. Carl Kirchner, Company D, Frontier Battalion, dated July 2, 1893, and two letters from Capt. John R. Hughes, Company D, dated, respectively, 4th and 6th of September, 1893.

I also return herewith communications from the Hon. Secretary of State, W. Q. Gresham, and from M. Romero, Mexican minister.

I have, etc.,

W. H. Mabry,
Adjutant-General.

Report of Corp. Carl Kirchner to Gen. Mabry.

Ysleta, Tex., July 2, 1893.

As per instructions, will give you an account of our scout to Pirate Island, Capt. Jones’s death, etc.

On the evening of the 29th of June Capt. Jones, myself, and 4 men left Ysleta, en route to what is commonly known here as Pirate Island, in search of Jesus Holguin and Severo Holguin, father and son, wanted for theft in El Paso County, Tex. Years ago the channel of the Rio Grande ran about 6 miles further south than now; and on account of continued changes, a line was established regardless of the river bed. Now Pirate Island is surrounded on one side by the State line, and on the other by the Rio Grande, it being about 6 miles from Texas line and several miles long, having a population of about 300 souls. We had searched several houses and were on our way back when we saw 2 men approaching us. When they saw us they began to retreat with all possible haste. Of course we followed at once, and only ran them about one-half a mile when myself and Private Saunders overtook them and demanded a surrender. By this time we were not 6 feet from an adobe building on the roadside. Two shots were fired at me from the house, and about 4 at the rest of the party. One of the shots fired at me struck my Winchester, but only ruined the magazine. We all at once dismounted and opened fire on them. Capt. Jones was hit the first volley, his thigh was broken, but he continued to shoot until shot in the breast and was killed dead on the spot about 15 feet from the door. We continued to fire on them until they retreated and hid in the building. Just then a friendly Mexican, who was with us in search of stolen horses, told me we were in Mexico just in the outskirts of Tres Jacales, a small Mexican town, and that the people had sent for the Mexican soldiers, who would be there in fifteen minutes. My first decision was to stay with our dead captain and kill or capture the Mexicans; but after waiting about forty-five minutes I saw from the appearance of everything we would be overpowered and murdered. So we retreated to this side, and thence to San Elizario where I found it impossible to get a single white man to assist me. I then went to New San Elizario on the railroad, and telegraphed the remainder of our rangers at Ysleta to come at once and bring as much help as possible. Some 3 men came along with them from Ysleta. Sheriff Simmons of this county, knowing the lawless element on this border well, had organized a posse of 16 men and started to San Elizario by special train. We then went to the State line and demanded the body of Capt. Jones, which had been taken charge of by Mexican officials, but they refused to give it up. We then made a demand on the chief officer at Juarez, Mexico, who acted very nice (I am told by Sheriff Simmons who made the demand), and ordered the body delivered to us at the State line. The body was at once conveyed to Ysleta and interred, having been in a hot adobe house, without even having the blood washed off, from 8 a.m. June 30, until about 10 a.m. to-day. We thought of course at the time we were fired upon from the house that Ave were on Texas soil, the line being only an imaginary one. Three of the murderers are under arrest in Mexico, 2 of them being the men we were looking for, wanted for theft in this county, and American citizens. There is no doubt that they had a scheme laid to kill us all, and sent the men up the road only to entice us into the trap.

Hoping this report will be satisfactory,

I am, etc.,

Carl Kirchner,
Corporal, Company D, Frontier Battalion.

Report of Capt. John R. Hughes to Gen. Mabry.

Ysleta, Tex., September 4, 1893.

Your letter of the 2d instant came to hand to-day, and will answer at once in regard to the Holguins. Jesus Maria Holguin is charged with theft of cattle in El Paso County, and other charges. Severo Holguin is charged with theft of cattle and other charges. Antonio Holguin is an escaped convict from the Texas State penitentiary, where he was serving out a sentence for rape.

In regard to the line between the United States and Mexico at that place, there is absolutely nothing by which a person can tell where the line is; and if there ever was any marks put there, they are gone. And it has not been proven yet that Capt. Jones was killed in Mexico, although it is supposed that he was. I am confident that he never knew he was in Mexico.

The Holguins were all born and raised in Texas at San Elizario, and were voters at that place until they became fugitives from Texas. I will go to El Paso to-morrow and look over the records of the court, and make inquiry of some of the oldest citizens, and get all the information possible; then make a report to you, which will be more complete. Hoping that will be satisfactory, I will close.

Respectfully, etc.,

Jno. R. Hughes,
Captain Company D, Frontier Battalion.

Report of Capt. John R. Hughes to Gen, Mabry.

Ysleta, Tex., September 6, 1893.

In compliance with your order of 2d instant to inform you of the nature of the crimes of the Holguins, my report of September 4 covers almost all the facts in the case. I went yesterday to El Paso and examined all papers in the cases of the Holguins on file in district clerk’s office, and find that Severo Holguin was indicted at January term, 1893, docket No. 1500, for assault to murder R. E. Bryant, deputy sheriff of El Paso County, who was performing his duty by trying to arrest Severo Holguin for theft of cattle in indictment, docket No. 1463. All witnesses in both cases are living at present in El Paso. Jesus Maria Holguin was indicted January term, 1893, for resisting an officer. He is not indicted for theft of cattle, but is charged by affidavit of a citizen of El Paso County, before a justice of the peace, with theft of cattle. Docket number of indictment for resisting an officer is No. 1501. There is nothing on record in district clerk’s office showing that Antonio Holguin was ever indicted or convicted; but Mr. Charles Corder, who lives about half a mile from my camp, was sheriff at the time that Antonio Holguin was convicted of rape and sent to the penitentiary. Mr. Corder says it was about 1874 or 1875, and that Holguin served about two years when he escaped from the penitentiary and returned to this county, but remained in Texas only a short time, then went to Mexico and has made his home in Mexico ever since, but has been in Texas many times since that date.

All three of the Holguins were born and raised in El Paso County, Tex. Jesus Maria and Severo Holguin are in jail at Juarez, Mexico, as American citizens. District Attorney O. A. Larazola made out extradition papers for them and gave them to the proper authorities at Juarez. Papers have been sent to Mexico to be examined by President Diaz, and not yet returned.

In regard to the dividing line between the United States and Mexico, there is an old river bed, where the water has not run since 1854, except when water is very high, that is recognized by citizens of both nations as the line between the United States and Mexico. This old channel is very indistinct, and there are 2 or 3 others very near like it on the island. Capt. Jones was killed about 200 yards on the Mexican side of this old channel that is recognized as the line, but there are no marks of any international survey to show where the line is. H. N. Royden, seccond lieutenant Twenty-third Infantry, U. S. Army, from Fort Bliss, under orders from Gen. Wheaton to investigate this matter, came by my camp en route to the island; and I sent R. E. Bryant and E. D. Aten, 2 members of my company, who were with Capt. Jones when he was killed. I sent them with Lieut. Royden as guides. They inspected the ground thoroughly, and from their report, my own observations, and the records of the El Paso County court, I have gathered the facts to make this report.

I could have gotten certified copies of indictments, also statement from penitentiary to prove that Antonio Holguin was an escaped convict, but did not think it necessary.

Very respectfully, etc.,

Jno. R. Hughes,
Captain Company D, Frontier Battalion.