No. 459.
Mr. Fish
to Mr. Mariscal.
Washington, April 6, 1875.
Sir: I have the honor to acknowledge the receipt of your note of the 29th ultimo, relative to the alleged murder of certain Mexican shepherds in the western quarter of Texas. It assumes that in the note of this Department, of the 18th ultimo, the right of your government to consider that there has been a denial of justice in the matter is acknowledged. This assumption, however, is believed not to be warranted by the phraseology of that note. Murder, in this country, can only be prosecuted upon information, under oath, as to the fact and as to the perpetrators. This Department is not aware that there has been any such information in this case. Had there been, and had the proper authorities then refused or neglected to prosecute the offenders, there would have been ground for the charge that there had been a denial of justice. At present there has been no-such denial, as there has been no application in that shape only in which it can legally be entertained.
I avail myself, &c.