Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part I
No. 286.
Mr. Fish to Mr. Nelson,
Washington, January 31, 1872.
Sir: I transmit a copy of a letter of the 25th instant, addressed to this Department by Mr. R. C. McCormick, the Delegate in Congress [Page 384] from the Territory of Arizona, and of the letter to me from Governor Safford, of that Territory, to which it refers. These papers relate to the persistent attacks on the persons and property of citizens of Arizona near the border, by bandits from the Mexican State of Sonora. The Department has repeatedly written on the importance of patting a stop to them.
I am, sir, your obedient servant,
Washington, D. C., January 25, 1872.
Sir: As you are not in receipt of the original of Governor Safford’s letter of December 29, 1871, I now have the honor to furnish you a copy from, that sent to me, and read to you during our recent interview. I trust, as then suggested, that you will give to the unfortunate state of affairs upon the Arizona border your prompt consideration, and furnish the governor with any instructions you may deem proper under the circumstances. I also hope that you will advise our minister to Mexico of the serious difficulties likely to ensue unless the lawlessness of certain citizens of Sonora is promptly recognized and punished, and instruct him to ask the attention of the government of the republic of Mexico to the matter as one worthy of notice, and that should not be overlooked, even if the treaty stipulations do not absolutely provide for the surrender of persons engaged in such cases of wrong-doing as the governor of Arizona recounts.
Your obedient servant,
Delegate from Arizona.
Hon. Hamilton Fish,
Secretary of State.
Tucson, December 29, 1871.
Sir: I had the honor to transmit to you, February 14, 1871, a communication giving Information of the insecurity of life and property in this Territory, along and near the Mexican border, in consequence of frequent murders and robberies committed by Mexican subjects, who invariably escape to Mexico; and particularly referring to the Mission Camp massacre, with my action in the premises, and the refusal of the governor of Sonora to surrender the criminals, coupled with a statement from him that he had referred the question to the supreme government of Mexico. I subsequently learned from Mexican newspapers that the supreme government decided in effect that Mexican subjects having committed crimes on the soil of the United States, should not under the treaty be given up for punishment to the authorities of the United States, nor was it a proper cause for punishment within the republic of Mexico. This decision did, as I predicted it would in my communication of February 14, “act as an incentive to the numerous bands of outlaws who infest that country to increase their criminal depredations on our soil.” Within a few months one man was murdered on the Gila River, while asleep. Another was shot from his horse near the same place; but a few days since Wm. Wright was murdered, sixty miles south of here, while asleep, and his head was cut off; and on the 21st instant, John W. Baker, his wife, and boy about seven years old, were brutally murdered sixty miles west of this place, and a child of the age of five months perished for food and from cold, after its mother was murdered. I followed in person this last band of outlaws, and came so close to them that they were obliged to abandon the horses they had stolen, but succeeded in making their escape into the mountains beyond the line. This last horrid massacre has aroused the indignation of all the good people of the Territory, both Mexicans and Americans, and it is with great difficulty that retaliation is prevented.
Earnestly desirous of maintaining friendly relations between this Territory and the State of Sonora, and feeling well convinced that the repetition of such outrages as that of the 21st might place the matter beyond my control, I have deemed it advisable to send, unofficially, a Mexican, who was formerly a private secretary of Governor Pesqueira, to him, with a plain statement of the facts, and have asked him, in order to promote [Page 385] friendly relations between this Territory and Sonora, to devise some plan by which these criminals may be punished. Well known and reliable Mexican subjects residing here have also written him in similar tone, and I have strong hopes that the governor will see the importance of complying with our request. If, however, this should fail, and no punishment follow for the perpetration of these outrages, these outlaws will increase their depredations until it will be impossible to inhabit our Territory near the Mexican border, and I fear retaliation will follow that will place the two countries in a semi-state of war. If our Government could sustain us in following and capturing these outlaws into their own country, we could and would, without further assistance from the Government, soon bring them to terms, and put a stop to these crimes on our own soil; but I am aware that such a course would not be in compliance with the treaty existing between the two governments. Yet I do not consider that Mexico is acting the part of a neighbor in allowing her outlaws to murder and rob our people without making an effort to stop it. Some relief might be obtained by requiring Mexican subjects to procure passports; those found without them, after a reasonable notice, be compelled to leave the country.
In view of this disturbed condition of affairs, I should be pleased to receive such instructions as you may consider will aid me in the discharge of my duties, and, if possible, adopting such measures as will secure life and property against these outlaws. I inclose a copy of our local paper of to-day, which contains the report of the coroner’s jury, and some further information upon the late massacre.
Very respectfully, your obedient servant,
Governor.
Hon. Hamilton Fish,
Secretary of State, Washington, D. C.
The Baker Family Massacre.
Following is the report of the coroner’s jury that investigated the circumstances of this frightful atrocity:
Territory of Arizona, County of
Pima,
Blue Water Station, December
24, 1871.
Before John S. Thayer, coroner, in the matter of inquisition upon the bodies of John W. Baker, Mrs. Julia Baker, William Baker, and John Baker, deceased.
We, the undersigned, the jurors summoned to appear before John S. Thayer, coroner of Pima County, on this 24th day of December, 1871, to inquire into the circumstances of the death of the parties aforesaid, whose bodies now lie before us, find that John W. Baker was a native of New London, in the state of Iowa, aged about thirty-one years; that he died from the effects of two gunshot wounds, one in the breast and the other through the throat; that said wounds were inflicted by persons whose names are unknown in the jury. That Mrs. Julia Baker, wife of J. W. Baker, was from New London, Iowa, aged about thirty years; that she died from the effects of six buckshot wounds in the left breast; that said wounds were inflicted by persons the names of whom are unknown in the jury. We find that William Baker was a son of J.W. and Julia Baker, aged eight years; that he died from the effects of a pistol-shot wound in the back, inflicted by unknown persons to the jury. We find that John Baker was an infant-son of J. W. and Julia Baker, aged five months; that he died from exposure to the weather, while lying on the ground near his dead mother. We find that the deceased, one and all, died on the evening of the 21st of December, 1871.
We further find that the deceased, John W. Baker, had, on the 19th, 20th, and 21st instant, four Mexicans employed in cutting and hauling hay to his house; that on the evening of the 21st, said Mexicans had unloaded their hay, leaving their tools on the wagon; that said four Mexicans were seen the night of the 21st in possession of the two horses belonging to said Baker, and on the road to Sonora; that on the morning of the 22d said Mexicans were seen on the road, in possession of said horses, and about forty miles from Blue Water Station, the home of deceased.
It appears to the jury, in tracing the effects to the causes which produced them, that Mr. Baker was about eight feet from the kitchen-door, and while in the act of delivering some provisions, with his scales in hand, to one of the Mexicans, he was shot by two others from behind a wall about eight feet distant, and he fell where he stood. Mrs. Baker was putting supper on the table, and, hearing a noise, ran out of the door with her babe in her arms, and was confronted by the assassins with the double-barreled shot-gun belonging to the station. She seized the muzzle of the gun in her left hand, and while holding to it, it was discharged, one shot passing through her left hand, between the thumb and fore-finger, the powder burn ins her arm, and setting her [Page 386] sleeve on fire, six shot taking effect in her left breast. She had dropped the child about six feet from her husband, and fell about two feet from it. Their little boy had run out at the time, and, in the act of running back, was shot in the back by a pistol-ball. He lived for some minutes, his little boots being full of blood, and the wall being bloody in several places where he had leaned against it. The Mexicans then broke open two trunks, searching the house generally for money, but took away but little, if any, clothing, and it is believed but very little money. Two of them mounted the two horses, and the others followed behind, holding to the horses, and thus made long and rapid strides for Sonora.
- JOHN B. ALLEN, Foreman.
- SAMUEL B. WISE.
- MILTON WARD.
- CHARLES LASSEN.
- SAMUEL LEWIS. WILLIAM MACKAY.
This morning Charles O. Brown reports having learned the names of the murderers, as follows:—Francisco,—Serbantes, and José Moritez; the latter two reside at El Rial de Guadaloupe, and all in Sonora.
Work of the bandits.
We have heretofore published the interpretation of our extradition treaty, as given by the supreme government of Mexico, and pronounced it as very bad, and that it could but engender more slaughter of our citizens, for it practically said that any citizen of Mexico might proceed into United States territory, and rob and assassinate whom he pleased, and return and receive the protection of his government; in plainer terms still, it was an official invitation to citizens of Mexico to rob and murder Americans on American soil with safety assured in advance. Ever since, more or less of our people have been slain by Mexican bandits, and latterly, within a period of thirty days, six were so murdered, and five of them in a most barbarous manner. It is apparent to all here that this terrible slaughter must grow better or worse. There is no use to say to men, while seeing their neighbors butchered by the whole family, that our own Government accepts as defensible the Mexican interpretation of the treaty, and hence they must abstain from resistance of any kind. Simply because a national exposition of a law declares it to be inefficient to prevent or even restrain human butchery, will not forever satisfy those who are any day liable to be killed. In spite of everything except a cure of the evil, terrible retaliation will follow. There are those who believe that Governor Pesqueira, of Sonora, is anxious to stop the fiendish slaughter of our people by his own, but that he cannot use official power to do so in the face of his supreme government’s prohibition; yet we think he will in some effective way co-operate with our citizens and officials in their endeavors to stop a system of murder which he must know will otherwise soon be applied against as well as by his people. The massacre of the Baker family, as elsewhere detailed, will again forcibly bring the sub-ect to his attention. Prominent Mexican citizens of Tucson will by petition represent to him that some measures to suppress such atrocities must be taken, regularly or irregularly, and we still trust he may help to avert the most shocking calamities. No mere words will longer answer the demand of our people. Right action must be taken, and that without much delay.