Mr. Clayton to Mr. Hay.

No. 1237.]

Sir: I have the honor to acknowledge the receipt of the Department’s No. 613, of the 7th ultimo, inclosing 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.

Following your instruction above mentioned, I addressed a note to the foreign office, copy inclosed, suggesting that Cuero be discharged from the Mexican army.

I also inclose copy and translation of Mr. Mariscal’s reply stating that the department of war had been requested to discharge Cuero, if possible, and copy and translation of a further note stating that his discharge had been ordered.

I have, etc.,

Powell Clayton.
[Inclosure 1.]

Mr. Clayton to Mr. Mariscal.

Mr. Minister: Referring to our conversation of Saturday last relating to the enlistment into the Mexican army of the Indian, Francisco Cuero, and to the report of the jefe politico of the northern district of Lower California, a copy of which was transmitted to this embassy in your excellency’s note of the 31st of August last; from the facts before me, including those contained in said report, it appears that the said Cuero is the son of the chief of an Indian tribe located at the Campo Indian Reservation in California. It also appears that when he enlisted into the Mexican army he was not a Mexican citizen, nor was he of that legal age which authorized him to manage his own affairs; and although, strictly speaking, he is not an American citizen, he is a domestic subject of the United States.

Without referring to the question of involuntary enlistment, I repeat the suggestion I made to your excellency during the aforesaid conversation, and which seemed to receive your excellency’s favorable consideration, that perhaps the best way to dispose of the question would be for your excellency’s Government to kindly discharge from the army the soldier, Francisco Cuero.

I renew, etc.,

Powell Clayton.
[Inclosure 2.—Translation.]

Mr. Mariscal to Mr. Clayton.

Mr. Ambassador; I have had the honor to receive the note of December 24 last in which your excellency is pleased to ask that the soldier, Francisco Cuero, be discharged from the Mexican army because of his being the son of a chief of an Indian tribe residing in California and not a Mexican citizen.

In reply I have the pleasure to say to your excellency that on this date I have requested the department of war to accede to the wishes expressed by the embassy unless there should be some particular circumstance which may not permit it.

I renew, etc.,

Igno. Mariscal.
[Page 792]
[Inclosure 3.]

Mr. Mariscal to Mr. Clayton.

Mr. Ambassador: Referring to my note of the 3d instant, I have the honor to inform your excellency that the department of war, in official communication of the 7th instant, advises me that it has ordered that the soldier, Francisco Cuero, be immediately discharged from the company fija norte of Lower California.

I renew, etc.,

Igno. Mariscal.