Mr. Hay to Señor de Aspíroz.
Washington, December 9, 1904.
Excellency: I have the honor to acknowledge the receipt of your note No. 76, of the 28th ultimo, in which you say that after careful examination of the evidence in the matter of the wounding of the Mexican citizen, Eulogio Zambrano, by the Texas ranger, McKenzie, submitted by the authorities of Texas, you find that “there exists a patent conflict between the circumstances reported by the consul of Mexico at Brownsville and the conclusions and judicial proceedings of the governor of Texas.”
You state that your Government is constrained to ask an indemnity for one of its citizens on what bears the features of a denial of justice; and, accordingly, you enter a formal complaint against the authorities of Texas on account of their treatment of Mexican citizens, and present a claim for indemnity in behalf of Zambrano.
In reply, I have the honor to say that the Department, after careful consideration of all the circumstances, has reached the conclusion that some compensation should be made to Zambrano because of the failure of the authorities of Cameron County, Tex., to try and punish Ranger McKenzie for unlawfully shooting him; and it is willing to make payment to you, in behalf of Zambrano, of the sum of $500 in full settlement of the matter.
It appears that necessary care and attention were given Zambrano by the city and county physician at Brownsville. That functionary declares in his affidavit that he treated Zambrano about two weeks, which was as long as medical attention was necessary. As Zambrano was incapacitated for a comparatively short period, it is believed that the amount mentioned is sufficient.