File No. 812.00/10265.

The Mexican Embassy to the Department of State.1

[Memorandum—Translation.]

On November 27, last, when the federal army attacked the town of Las Vacas, the leader, Roberto Rivas, and 45 of his men fled from the place and took refuge in Del Rio, Texas; and, when Captain Winterburn ordered the apprehension of the rebels by 75 of his men, who in their flight had swum the river on horseback, they were set at liberty after their arms, equipment and mounts had been turned over to the Customs officer; this being done in spite of the courteous protests of the Mexican Consul at the place, addressed to Captain Winterburn, whose aggressive replies it is not necessary to state.

Inasmuch as the said rebels were apprehended with arms in their hands and seeing that, on the occasions that federals were obliged to pass across the river between Brownsville and Eagle Pass they were detained by the authorities of this country and not only were their arms seized but they were also arrested in their quarters, it would appear that the processes which, in cases apparently identical, have been observed have been with prejudice to the federals.

  1. Referred, December 18, to the Secretary of War.↩