No. 457.
Mr. Fish
to Mr. Mariscal.
Washington, March 18, 1875.
Sir: I have had the honor to receive your note of the 9th instant upon the subject of the alleged murder of certain Mexican shepherds in the western part of Texas. You allege that neglect to prosecute the offenders would be a denial of that justice which your government has a right to expect. Your allegation is entirely concurred in. It is not perceived, however, where the neglect imputed began, or who have been guilty of it.
A large part of the State of Texas is but very sparsely peopled; and in that remote and extended region the police is small in the same proportion with the population, and there, as in all regions similarly situated, the prevention, detection, and punishment of crime is difficult, if not, at times, impossible.
The character of a border population in such country, comprising but too often lawless persons of the nationalities of each of the coterminous states, and refugees from the laws of all nationalities, who alternately assume the character of citizens of either of the bordering states, so notoriously adds to the difficulty of maintaining order and enforcing laws, that those who voluntary seek residence or resort thither must be presumed to be aware of the risks thus incurred.
[Page 981]But if, as is alleged, murders have been committed, the same rules of evidence, in regard to crimes charged to have been committed in that quarter must be applied as would be applicable to their commission in the more densely peopled parts of the State, where, it may be presumed, the law may be executed with greater facility and certainty.
You will do me the justice to believe that if the Mexican shepherds were murdered, as you allege, no one would deplore it more than myself, or would do more towards having the guilty parties prosecuted according to law.
A copy of your note on this subject shall be communicated to the governor of Texas, and his attention shall be seriously invited to the subject.
Accept, &c.,