Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1882

No. 211.
Mr. Morgan to Mr. Frelinghuysen.

Legation of the United States,
Mexico, May 6, 1882. (Received May 18.)

No. 423.]

Sir: Your telegram of the 3d instant was received late in the evening of the 3d. The first portion thereof was quite unintelligible. The latter part, however, showed me that I was instructed to apply for permission for United States troops to follow certain Indians into Mexico until their pursuit could be taken up by a competent force of Mexican troops.

As I considered that action in the matter if taken at all should be taken at once, I proceeded to Señor Mariscal’s residence. On my way there I called at the telegraph office with the view of ascertaining and correcting the errors in the telegram, but the office was closed.

Señor Mariscal had received a telegram upon the same subject from Señor Romero at an early hour of the day. He had, he told me, endeavored to bring it to the notice of the President, but had been unable to do so on account of his (the President’s) illness. He hoped, however, to be able to see him on the following day, when he would discuss the matter with him, and when he should be in possession of the note which I informed him I would address him. This note I wrote on my return, and sent it to him early in the morning of the 4th. A copy thereof I inclose.

I could not make it more explicit because I could not make out from your telegram the name of the general referred to, nor the tribe of Indians who were being pursued, nor at what point the crossing of our troops was expected to take place from.

I had some conversation with Señor Mariscal upon the subject, and while he said he did not wish to be understood as speaking for the President, he called my attention to the circumstance that when I had made a similar application to the Mexican Government some time ago, which had been acceded to upon the condition that a like permission should, the case arising, be granted to Mexican troops, no reply whatever had been given.

He also stated that not long since he had made a similar request upon our government, which had been refused. He appeared to think the United States were asking what they would not give.

He directed my attention also to the clause of the federal constitution, which provides that no foreign soldier as such shall he permitted to come into Mexico without the consent thereto of Congress (Paragraph III, No. XYI) 5 and he said that, even should the President submit the question to Congress, some time would elapse before it could be brought to a vote.

I now inclose a copy and translation of Senor Mariscal’s reply. It is dated on the 4th instant, but was received by me only on the 5th. As you will have observed, the President declines to submit the question to the Senate, that authority having twice, as Señor Mariscal says, refused to grant the request except under certain conditions which were submitted to the Government of the United States, to which no reply was made, unless he (the President) should be informed that a similar request, under the same circumstances, would be acceded to by the Government of the United States. This I telegraphed to you on the 5th instant.

I am, &c,

P. H. MORGAN.

[Inclosure 1 in No. 423.]

Mr. Morgan to Señor Mariscal.

Legation of the United States,
Mexico, May 3, 1882.

Sir: I have been instructed by my government to request permission for United States troops to cross into Mexico in the pursuit of hostile Indians, whose capture they are seeking to accomplish, until said pursuit can be taken up by a competent force of Mexican troops.

I am, &c.,

P. H. MORGAN.

[Inclosure 2 in No. 423.—Translation.]

Señor Mariscal to Mr. Morgan.

Department of Foreign Affairs,
Mexico, May 4, 1882.

Mr. Minister: I have received the note which your excellency addressed to me of this date, in which you inform me that your government had instructed you to request permission for the United States troops to cross upon Mexican territory in pursuit of hostile Indians,’whose capture they were seeking, until a competent force of Mexican troops should be able to take up the pursuit.

In reply, I have the honor to say to your excellency that, as is known, it belongs to the Senate of Mexico to grant the permission asked for, and considering that that body has twice felt it lo be its duty to refuse a similar request except upon the condition of reciprocity, and under certain necessary measures of precaution necessary to both countries, conditions with reference to which the Government of the United States has returned no answer whatever, the President does not consider it proper (oportuno) to consult the said house upon the subject on this occasion, while, at least, he is not informed that said government is disposed to grant a similar request, under similar circumstances, to Mexican troops.

Certainly the first Magistrate, desiring to assist, as far as possible, within the limits of his constitutional authority, in the pursuit of the hostile Indians referred to, has given orders through the secretary of war, by telegraph, that, within Mexican territory, they be pursued with the greatest vigor, and to capture them (procurando su captura); and that should they succeed in recrossing the frontier prompt advice be given thereof to the United States forces to the end that they be able to attack them without loss of time.

I renew, &c.,

GNO. MARISCAL.