File No. 812.00/14111.

Mr. Zubaran Capmany to Secretary of State.

[Extract.]

Mr. Secretary: With profound regret I am constrained to bring to your excellency’s attention the deplorable conditions now prevailing in the frontier towns of Naco, Sonora, and Naco, Arizona, due to the persistent though inefficacious attacks which the troops of Governor Maytorena have been waging on the Constitutionalist garrison commanded by Brigadier General Benjamin G. Hill at Naco, Sonora, during a period of over two months.* * *

The position of the Constitutionalist troops is such as to compel them to engage the enemy in one direction only, that is, from north to south; and as Naco, Arizona, is situated north of the Constitutionalists’ line of fire it is evident that all projectiles which have crossed the boundary and caused the death and bodily injury of residents of the American town have come from the rifles and cannon of Maytorena’s attacking forces. Another item of importance is the fact that the families of all the officers and of a large number of the soldiers commanded by General Hill are residing in Naco, Arizona, under the kindly shelter of the laws of neutrality; and it would be logical to presume that firing in that direction by the Constitutionalists would be avoided by them even if their position did not make it unnecessary for them to fire across the boundary line.

It would be unjust and without precedent to expect General Hill to surrender to an inferior enemy in consideration of the havoc which the latter’s troops are causing in a neutral community by their reckless firing. It would be equally unjust to expect General Hill to follow his only possible line of retreat by seeking refuge for him [Page 651] self and his troops within the territory of the United States. Such action, aside from the burden it would bring upon the Government of the United States, would deprive the Constitutionalist cause of a number of loyal and efficient troops.

In view of the above-stated facts, I trust your excellency will admit that the Constitutionalist commander in Naco, Sonora, is acting within his rights and in accordance with the established rules of warfare in opposing a foe whose incompetency and lack of popular support are undeniable. Maytorena himself must be convinced of these facts inasmuch as his repeated assaults have met with decided reverses and there are no forces in sight ready to go to his assistance. Therefore the purpose of his unproductive siege of Naco can be no other than to provoke a situation fraught with ominous international complications which might solve for him a problem which he has neither the ability nor the valor to solve himself.

I assure your excellency that no one regrets the sufferings of the people of Naco, Arizona, as much as the Constitutionalists and myself and that the most strenuous efforts have been and will continue to be made to prevent them. To this end a large body of Constitutionalist troops have been mobilized from the south and are now in the vicinity of Hermosillo, Sonora, wherefrom they will proceed with all speed to engage the forces of Maytorena if he does not retreat, as is expected, towards the State of Chihuahua to avoid an encounter.* * *

I furthermore beg to inform your excellency of a conference I had with General Scott, Chief of Staff, pursuant to his own invitation, which took place last week. I brought to his attention the substantial facts I have set forth in this communication. General Scott can therefore give your excellency a clear idea of the sincerity of my regret and I have no doubt he will corroborate my statements.

It seems to me that in view of these facts the representations of your excellency’s Government should be directed principally to Governor Maytorena, who is and has been at all times the only one responsible for the sufferings of the residents of Naco, Arizona.

I beg your excellency to look upon this lamentable matter in your well-known spirit of fairness, and to accept the renewed assurances of my highest consideration.

E. Zubáran Capmany
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