ter has been received from the Secretary of War, communicating a copy of a report from Captain Sellers, commanding officer of Fort McIntosh, Texas, in which he states that he has no knowledge of any revolutionary bands having been organized at Laredo, or that General Garza Ayala and Santos Benavides have been in charge of any arms, or that they have furnished any to rebels, or that forty men left Laredo equipped by Santos Benavides, as was alleged; neither has he any knowledge of any parties of rebels organizing in that vicinity in full view of Texan authorities, or of any cattle having been stolen from Mexico and driven to this side, as was also represented, although he has used every means to ascertain the truth; that if Santos Benavides or others have been engaged in enlisting such men as is represented, it has been done so quietly that none but those concerned know anything about it, and that if Santos Benavides, as is also represented, had addressed a party of rebels at Laredo, promising them to turn over the town of New Laredo to pillage, &c., it is almost certain that the War Department would have been informed of the fact. He adds, there is no doubt that Santos Benavides and his brothers are strong adherents of Lerdo, and that he heard that arms were consigned to them for the revolutionists, but has never been able to obtain any facts in regard to it; that New Laredo has had its representatives in Laredo to watch any revolutionary movement, and if the alleged occurrences were reported by them to the proper authorities he has no knowledge of the fact. "In reference to the reported crossing the frontier on the 25th May by the revolutionary bands, he had made inquiry of General Sykes, commanding the district of the Rio Grande, who stated that he knew nothing of such crossing, and as to the accusation made against Mr. Adams, he is confident that it is a slander, and that, in his opinion, the report was made by Santiago Sanchez, between whom and Mr. Adams there was a personal quarrel; that Isidore Salinas and Pablo Quintana are doubtless guilty of all charged to them, and might have been arrested long ago if the Mexican authorities wanted them; that he has frequently advised the proper authorities of New Laredo to make complaints. against Salinas and other revolutionists before the United States commissioner at this place, in order that they could be arrested when found here, and that he was informed by the county judge of Webb County that the latter had never been applied to, either personally or officially, by the Mexican authorities, to arrest revolutionists or rebels. "I transmit the information thus received, believing that you will recognize in it a complete exculpation of the authorities of this Government upon the frontier, inasmuch as the facts thus presented seem to show a lukewarmness and inefficiency on the Mexican side in singular contrast with the loyal and frank manner in which the officers of the United States have attempted to fulfill the international duty resting upon them to contribute by all the effective means in their power to the preservation of order and the repression of lawless force. It is to be re- Mr. Evarts, Sec. of State, to Mr. Zamacona, Oct. 30, 1878. MSS. Notes, Mex., As to duty of the Dominion Government to repress wreckers on the lakes, see "I have the honor to acknowledge the receipt of your note of the 8th instant in reference to the proceedings of a mob near Willcox, Pima County, Arizona, which resulted in the hanging of one man and the mysterious disappearance of another, who was held a prisoner in the hands of those engaged in the outrage, and I also acknowledge the receipt of your notes of the 15th and 18th instant, respectively, both referring to cases of plunder by marauding bands, unfortunately so common to both sides of the border between the two Republics. "Replying to these several notes I do myself the honor to state for your information, and for that of the Government you so worthily represent, that I have addressed a letter to the governor of Arizona, inclosing a copy of each of the notes in question and requesting him to iustitute an investigation, under the direction of the United States district attorney or such other Federal officer as he, the governor, might deem proper to select, into all the facts and circumstances of the affair in Pima County, and urging upon his excellency at the same time the importance of using every available means within the power of the Territorial executive authorities to have the instigators and perpetrators of the outrage discovered and brought to trial. "In this same communication Governor Frémont was requested and earnestly urged to adopt such measures as, in his judgment, might prove most effective in promoting increased vigilance on the part of the local authorities of the border counties of Arizona, with a view to the suppression of these lawless raiding parties who appear to be or ganized on each side of the boundary line for purposes of robbery and indiscriminate plunder. "The fact is too well authenticated to be unknown to the Mexican Government, as it is well known to this, that these bands are generally, if not altogether made up of Mexicans and Americans who give them selves no care as to the nationality of their comrades in crime, and entertain a common disregard for the laws of either country. "While these conditions exist it is only by corresponding vigilance of the authorities on either side of the line that a suppression of these marauding bands can be hoped for. I can give you the assurance that no effort will be spared by this Government which may give promise of that result." Mr. Blaine, Sec. of State, to Mr. Zamacona, Aug. 20, 1881. MSS. Notes, Mex.; "The feasibility of adopting specific measures for the prevention of lawless incursions upon either side of the Rio Grande is a subject, I beg to assure you, which has not failed of earnest attention by this Government as well as by the authorities of the State of Texas and the adjacent Territories; and while any proposition for summary Government action which contemplates individual restraint for precautionary rather than penal cause must encounter objections of serious weight, such objections have no place in the established or suggested systems, which, aiming at regular defined and ascertained offenses, seek indirectly to deter from other and more grievous crime. "Hence, upon the presentation of the subject by Mr. Romero's note of January 20 and April 11 last, the Department took means to ascer tain more accurately the extent to which the purpose of preventing these too frequent expeditions was represented in the enactments gov erning the districts upon this side of the border, and I am gratified now to be able to communicate the general character of the information obtained. "It has long been manifest that plunder was a principal motive for the excursions which have emanated either from Mexico or the United States, and, recognizing the impracticability of restraining completely the departure or return of evil-minded persons across a border of such considerable extent, the efforts of the legislature have been to so increase the difficulties of realizing profits from unlawfully acquired property that the attempts to obtain such property would lessen. "Accordingly, and auxiliary to proceedings against the actual offender, the legislatures of the two Territories have made ample and exceptional provisions affecting the receivers or sellers of stolen property. In Arizona these withdraw from the possessor, though innocent, any security of title against the original owner, and if the latter follows his property with reasonable proof he can thus always recover it by judicial assistance. So, too, these statutes are particularly considerate of the safety of all live property, which is peculiarly a subject of plunder, and by heavy penalties require the branding system and guard against any but notable and formal alteration of the marks, and by many severe restrictions tend to render difficult and improbable any but open and lawful dealings in this important species of property. "In New Mexico the larceny of a branded animal is a felony, without reference to its value, and in Arizona such offense is grand larceny, as may be that of the receivers. In neither is it considered that these and other provisions would be inapplicable in the case of property stolen in Mexico and brought across the border. "I am uninformed as to whether the neighboring States of Mexico have enactments of equal extent, but presume that the similarity of occupations, interests, and necessity have prompted measures in this direction, and while existing facilities in this country may prove not entirely adequate to preventing the evils in question, they seem a vig orous attempt, and if individual instances under these laws were reso lutely prosecuted, with the aid of those wronged, the hazard of theft should constantly increase and in that proportion would its attempts be avoided. As illustrating the readiness and desire of the people of this country to make use of any new expedient seemingly adapted to the repression of this organized plundering, I beg to refer to a letter recently submitted here from the acting governor of Arizona. "In counseling upon the subject he remarks: 'I think a mounted police or military force should be posted in such manner as to guard the passes between the mountains on the border through which stolen cattle are driven and through which smugglers and raiding Indian bands pass to and from Mexico,' and adds that this opinion, which is shared by all intelligent men of the Territory, had expression in a bill introduced at the late session of the legislature, but too late for final action. "Should it prove possible for the frontier States to supplement their existing laws with direct measures of the above nature, it might confidently be expected, in conjunction with a similar system in Mexico, that conditions which have so long and persistently threatened the population of both countries would be speedily and favorably affected " Mr. Frelinghuysen, Sec. of State, to Mr. Romero, Sept. 15, 1883. MSS. Notes Mex.; For. Rel., 1883. As to duty of Mexico to punish or extradite marauders on territory of the (3) DIVERSION or ObstruCTION OF WATER. § 20. "I transmit herewith, for your information in the premises and for your guidance in any future action that may be indicated to you, should any such appear to be necessary, a copy of a letter of the 10th ultimo, together with its various inclosures, from the governor of the State of Texas, asking the intervention of the General Government in a matter of vital importance to the citizens of that State living on the eastern shore of the Rio Grande. "The inclosures, as you will see, consist of the statement of the county judge of El Paso County and petitions signed by prominent citizens of San Elizario and Socorro. "The ground of complaint, as alleged, is that the Mexicans engaged in agricultural pursuits on the Mexican shore of the river are in the habit of diverting all the water that comes down the river during the dry season into their ditches, thereby preventing our citizens from getting sufficient water to irrigate their crops. "This, if true, would be in direct opposition to the recognized rights of riparian owners, and if persisted in must result in disaster and ruin to our farming population on the line of the Rio Grande, and might eventually, if not amicably adjusted through the medium of diplomatic intervention, be productive of constant strife and breaches of the peace between the inhabitants of either shore. "I have addressed a note to the Mexican minister at this capital, requesting him to bring the matter to the attention of his Government, with a view to obtaining, if possible, alleviation from these annoyances. "You will, therefore, investigate the matter as carefully and thoroughly as possible, and will report the result to the Department, when, should the facts be found to bear out the allegations set forth in the inclosed correspondence, further action will be taken in the premises." Mr. Evarts, Sec. of State, to Mr. Morgan, June 12, 1880. MSS. Inst., Mex.; "I have the honor to solicit your most earnest attention to a matter of vital importance to the citizens of the State of Texas engaged in agri cultural pursuits on the eastern shore of the Rio Grande. "A statement of the facts as alleged is given in inclosed copies of correspondence, consisting of a letter addressed to the Secretary of State by the governor of Texas, and the inclosures therein contained, being the statement of the county judge of El Paso County and petitions signed by several hundred citizens of San Elizario and Socorro. "The trouble complained of appears to be the result of the action of the Mexican population on the western shore of the river in diverting, into ditches dug for that purpose, the small quantity of water that finds its way down during the dry season, thereby totally depriving the agriculturists on the eastern or Texan shore of the means of irrigating their crops, and thus cutting off their sole means of livelihood. As this is not only in direct opposition to the recognized rights of riparian proprietors, but is also contrary to that good feeling and harmony which ought to exist between colaborers in peaceful pursuits, and might, moreover, if permitted to continue, result in bitter feeling and possible breaches of the peace, I most earnestly request, in these high interests, that you will have the goodness to bring the matter to the attention of your Government with a view to procuring a cessation of the annoyance complained of. "I shall be happy to co-operate with you in any way tending to produce the desired result, and have, to that end, already instructed the minister of the United States at Mexico to put himself in communication with your Government on the subject, and should the facts prove, upon investigation, to be as stated, to endeavor to have the injustice complained of put an end to." Mr. Evarts, Sec. of State, to Mr. Navarro, June 15, 1880. MSS. Notes, Mex.; The erection of works on the Meduxnikik River in New Brunswick in such a way as to obstruct the flow of water in Maine, and to in |