No. 265.
Mr. Hunter to Mr. Nelson.
Department
of State,
Washington, November 7,
1871.
No. 199.]
Sir: With reference to the instruction to you,
No. 195, of the 31st ultimo, I transmit a copy of a letter of the 4th
instant, addressed to this Department by the Secretary of War, to whom a
transcript of the dispatch from the commercial agent at Guerrero,
relative to depredations of Indians from Mexico, was also
communicated.
The memorandum of the General of the Army, which accompanies Mr.
Belknap’s letter, is believed to correctly state the rule of public
law—that a nation is answerable for hostile attacks upon its neighbors
by persons owing it allegiance.
The treaty stipulations between the United States and Mexico, by which
the parties engaged to restrain savages from attacking each other’s
possessions were repealed by the second article of the Gadsden treaty.
Still, the obligation to that end under the law of nations remains in
full force, as it is presumed Mexico will acknowledge.
It is hoped that she may devise some method toward fulfilling that
obligation.
I am, &c.,
W. HUNTER.
Acting Secretary.
[Inclosure.]
Mr. Belknap to
Mr. Fish.
War
Department. Washington
City, November 4,
1871.
Sir: I have the honor to acknowledge the
receipt of your letter of the 31st ultimo, inclosing copy of a
dispatch from the commercial agent of the United States at Guerrero,
Mexico, in relation to an attack of Indians from that part of
Mexico, on the adjacent settlements in Texas.
In connection therewith I have the honor to invite your attention to
the accompanying copy of remarks of the General of the Army, to whom
your letter was referred for his views.
Very respectfully, &c,
WM. W. BELKNAP,
Secretary of
War.
[Page 351]
General Sherman
to Mr. Belknap.
Headquarters of the Army, Washington, D. C., November 2, 1871.
Respectfully returned to the Secretary of War. We have in Texas two
regiments of cavalry, which are all that can be possibly spared
there. The Ninth is scattered along the Rio Grande, and north as far
as McKavitt.
These sudden eruptions from Mexico have been of frequent occurrence,
and the Rio Grande being fordable, gives the Indians a certain and
safe retreat, as we cannot properly cross the border in pursuit.
Mexico ought to be liable for acts of war done by Indians owing her
allegiance, and our people charge that these Indians are not only
harbored, but that the horses and captives are openly sold in the
Mexican towns beyond the Rio Grande.
This case appears to me clearly one for the State Department, as we
are unable to apply a remedy.
