No. 310.
Mr. Nelson to Mr. Fish.

No. 557.]

Sir: Herewith I inclose a copy and translation (A and B) of Mr. Mariscal’s reply of the 23d instant to my note of the 18th ultimo, upon the depredations of the Kickapoo Indians.

While Mr. Mariscal does not accede to my solicitude for the passage of American troops into Mexican territory in pursuit of marauding Indians, he nevertheless makes propositions, which may, I hope, facilitate the final settlement of the important subject in hand. He assures me that the government will lend efficient co-operation to the realization of the plan for the removal of the Kickapoos to their reservations in the United States. For this purpose it will direct its local authorities to participate in the conferences with those Indians, and will not allow the authorities, who are accused of having frustrated the attempt of last year, to have any share in the proposed conferences.

In case the Kickapoos freely consent to emigrate, the Mexican government will furnish troops to escort them to a designated place on the frontier; and, lest the agents employed in the unsuccessful attempt of last year may have unfortunately excited prejudices and suspicions in the minds of these Indians, the Mexican government suggests the propriety of other persons being selected for the proposed new attempt.

It appears to me that the proposal of the Mexican government deserves serious attention, and that, if approved, the necessary steps should be taken with as little delay as possible.

I am, &c.,

THOMAS H. NELSON.
[Inclosure B.—Translation.]

Mr. Mariscal to Mr. Nelson.

Sir: I have had the honor to receive your excellency’s note of the 18th ultimo respecting the conduct observed by certain tribes of Indians located upon Mexican territory near the frontier of Texas, and I have also received a copy of the inclosed resolution upon Indian depredations, adopted by the legislature of the State of Texas. Your excellency reminds me of the several notes upon this subject which you have addressed to my predecessors in this department, and makes special mention of those [Page 421] in which you have solicited permission from the government of this republic for the passage of American troops across the frontier, in order to carry out the project of removing these tribes of Indians to their reservations in the United States, and after relating the ill-success of the American agents sent to induce the Kickapoos to emigrate, your excellency suggests that upon the re-occupation of the States of Nuevo Leon and Coahuila, by the forces of the federal government, advantage be taken of the temporary government of those States by martial law to take efficacious and speedy measures for the cessation of Indian outrages; measures which, in your excellency’s opinion, would seem to consist in lending aid to the removal of the Kickapoos, to be effected by the employment of American troops in Mexican territory.

The examination of all the antecedents of this question has delayed my reply until the present time, and I now have the honor to communicate to your excellency the views of my government. The decree which authorizes the executive to exercise temporarily certain faculties which he does not ordinarily possess in the department of war, has a manifest limitation in the object which congress proposed to obtain by its passage. The re-establishment of peace and of constitutional order in the rebel States was the motive of that grant, and the President of the republic, to whose consideration I have submitted your excellency’s suggestions, after a careful study of the said decree, is of the opinion that it would not be proper to employ the extraordinary faculties with which congress invested him for the solution of the difficulty in question. But the matter may, nevertheless, be arranged by virtue of the presence of federal forces in Nuevo Leon, and without the necessity of the passage of American troops into Mexican territory. The sum total of the facts which your excellency communicates, in compliance with instructions from your Government, and the desires which have been manifested to the government of Mexico, concerning the said Indians, together with the friendliness characteristic of existing relations between the two countries, are sufficient reasons to lead the President of this republic to earnestly desire the speediest solution of this question, and the one most advantageous to all parties concerned. I have therefore the honor to renew to your excellency the assurance which this department has before given, that the government of Mexico will take pleasure in co-operating with that of the United States in the humane object of preventing the depredations which certain tribes of Indians are wont to commit on the Texan frontier, by affording them the means of emigrating from Nuevo Leon and Coahuila to their reservations in the United States. For the realization of this project, it would perhaps be convenient for the Government of the United States to appoint new agents, and to advise the government of Nuevo Leon of the time when, and of the place on the frontier where the said agents will present themselves for their visit to the Indian tribes. The government of Mexico will, in such case, provide that the authorities who represent it in that region take part in the conferences, and if the Indians should freely determine to leave Mexico to settle on their reservations in the United States, the Mexican military forces will escort such Indians to the point on the frontier where the American troops may receive them.

Your excellency will observe that the Mexican government advises that the agents to treat with the Indians be other persons than those who made the former attempt. This suggestion is made in the interest of the success of the negotiation, in order, by such change, to avoid reviving the suspicions and prejudices against those persons, which may exist in the minds of the Indians. The Mexican government, desirous that there may subsist no impediment to the projected arrangement, will provide, as far as possible, that none of the authorities accused (it would seem without satisfactory proofs) of being opposed to the removal of these Indians, have any part in the execution of the plan suggested.

In closing my reply to your excellency’s note, I take pleasure in stating that the Mexican government very highly appreciates the prudence and tact which has thus far characterized your excellency in this negotiation, and cherishes the confident hope that it will be concluded in the same spirit of friendship and good understanding.

I am, &c.,

IGNACIO MARISCAL.