Mr. Hay to Mr. Clayton.

No. 613.]

Sir: I inclose herewith for your information a copy of a letter from the Secretary of the Interior, and of a dispatch from the United States consul at Ensenada, in relation to the enforced enlistment in the Mexican army of Francisco Cuero, an Indian from the Campo Indian Reservation, in California.

You will use your good offices to prevail on the Mexican Government to discharge Cuero from further military service, if upon a further investigation of his case the facts elicited will justify such action.

I am, etc.,

John Hay.
[Inclosure 1.]

Mr. Hitchcock to Mr. Hay.

Sir: I have the honor to acknowledge the receipt of your communication of the 7th instant, and accompanying copy of a dispatch from the consul at Ensenada, Mexico, in regard to the enforced enlistment in the Mexican army of an Indian from the Campo Indian Reservation, in California.

In response thereto I transmit herewith a copy of a report of the 25th instant, from the Commissioner of Indian Affairs, recommending, in view of the statement made that Francisco Cuero is an American Indian, that the ambassador to Mexico be requested to use his good offices in prevailing on the Mexican authorities to discharge Cuero from further military service if upon a further investigation of his case the facts elicited will justify such action. The Commissioner’s recommendation meets with my approval.

Very respectfully,

E. A. Hitchcock, Secretary.
[Subinclosure]

Mr. Jones to Mr. Hitchcock.

Sir: I have the honor to acknowledge the receipt, by Department reference for consideration, of a communication dated November 7, 1901, from the Secretary of [Page 790] State, inclosing for your information a copy of a dispatch from the United States consul at Ensenada, Mexico, in regard to the enforced enlistment in the Mexican army of an Indian named Francisco Cuero, from the Campo Reservation, Cal.

The consul states that Cuero is in the barracks at Ensenada as a volunteer in the Mexican army; that he is an American, as shown by testimony of the people living at Campo, and that he belongs to that reservation; that he was arrested about a year and a half ago by the Mexican authorities and charged with smuggling two sacks of flour, and was detained for a while without trial and liberated; that his story is that immediately after his liberation he was compelled by threats and fear of harm to enlist for five years in the military service of Mexico; that he did not understand Spanish and was not exactly aware of what he was doing, and hence became a soldier against his inclination. Cuero’s age is stated by the consul to be about 20 years.

The facts as stated by the consul coincide with those of the case of Frank Serra, or Cuero, with regard to which this office communicated with the Department on July 19, 1900. It was alleged that Serra had been impressed into the Mexican army, and at the solicitation of William Collier, esq., special attorney for the Mission Indians of California, this office brought the matter to the attention of the Department, with the recommendation that the papers in the case be referred to the Secretary of State with the request that the attention of the Mexican authorities be invited to it, and asked to take the necessary steps to have the soldier discharged.

By Department reference, this office received a communication dated September 26, 1900, from the Acting Secretary of State, inclosing a copy of a dispatch from the ambassador to Mexico, wherein it was stated that there was no soldier named Frank Serra in the military company of the northern district of Lower California, at Ensenada, but that one Francisco Cuero, or Cueros, appeared to be the individual about whom inquiry was made by Special Attorney Collier; that Cuero was said to be the son of the captain of the Manzanita band of Indians of San Diego County, Cal.; that he was arrested for smuggling and enlisted voluntarily in the Mexican military service. It was further stated by the ambassador that Cuero has always lived with his mother at Los Piscachos and other villages in said district of Lower California.

In view of the ambassador’s statement this office took no further action in Cuero’s case. From the consul’s dispatch it would seem not unlikely that there is some truth in the Indian’s story regarding his alleged forced enlistment, and under such circumstances it would appear appropriate to again broach the matter to the Mexican authorities.

It is recommended that the Secretary of State be requested to instruct the ambassador to Mexico to use his good offices in prevailing on said authorities to discharge Cuero from further service if upon a further investigation of his case the facts elicited will justify such action.

The communication from the Secretary of State is herewith returned with a copy of this report.

Very respectfully, etc.,

W. A. Jones, Commissioner.
[Inclosure 2.]

Mr. Bailey to the Department of State.

Sir: I have the honor to transmit herewith facts and information pertaining to a certain Francisco Cuero, an Indian belonging to the Campo (California) Indian Reservation, who is here in barracks as volunteer in Mexican army. The facts are that said Francisco Cuero is an American by testimony of people living at Campo, and that he belongs to that reservation. He was arrested about a year and a half ago by Mexican authorities, charged with smuggling two sacks of flour. He was kept a while without trial and liberated. His story is that almost immediately he was induced by threats and through fear to volunteer for five years’ service in the Mexican army; that he did not understand Spanish and was not aware of the exact import of what he was doing, and hence is a soldier against his inclination. He is about 20 years of age.

I respectfully submit for your instructions. I have, etc.,

Everett E. Bailey, United States Consul.