In view of the extraordinary character of the inclosed order, I have
protested to the minister of foreign affairs against its unwarranted
assertions in regard to the action and intention of our government, and have
stated that I regard its spirit as unfriendly and calculated unduly to
excite and prejudice the Mexican people against the United States.
[Inclosure.–Translator.]
order of mexican minister of war.
department of war.
The United States War Department has issued an order on the 1st instant
(a translated copy of which I herewith inclose), authorizing the troops
of that country to invade our national territory with the object of
pursuing the evil-doers to which it refers, to capture the same, punish
them, and recover the property stolen from United States citizens.
Although the plenipotentiary of Mexico at Washington, who protested
against
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that order on account
of the offense it implies towards our country, assures the foreign
department by telegraph that he has received friendly explanations from
the American Government, the President thinks that the honor of the
country will not be satisfied except with a modification of the said
order in such terms that it shall not be in contradiction, as it is now,
with the treaties in force between Mexico and the United States, with
the rules of international law, and even with the practice of civilized
nations.
The President has already disposed what is convenient in order that the
serious questions to which that order has given rise be treated in a
suitable form and manner with the Cabinet of Washington; but as its
urgency on the frontier of the neighboring republic may occasion
conflicts between the two nations even before those questions can be
discussed, the same supreme magistrate has deemed it his duty to
communicate to you, as commander of the line of the north, certain
instructions which may prevent as far as possible the said conflicts, or
at least, in an extraordinary case, preserve the honor and dignity of
the republic.
Therefore the President determines that, as soon as you receive the
present communication, you shall order the division under your command
to be situated at such points as you may deem convenient, with the
object of protecting the Mexican frontier and preventing that the
robbers of either side of the Rio Grande shall remain unpunished for the
mere-fact of crossing the river. To this effect you will, with the
utmost zeal and activity, pursue the evil-doers that may commit any
robberies on Mexican territory who seek to escape to the United States,
as well as those who, committing any robberies in the neighboring
country, shall come to Mexico fleeing from justice, and seeking impunity
in our territory. These pursuits which you may order shall only be made
within the limits of the republic, and once that the criminals shall
have been captured, you will place the same at the disposition of the
competent courts.
Mexico has celebrated with the United States an extradition treaty, which
was published on the 20th of May, 1862. This treaty is in full force,
and you will subject your conduct to the same whenever any criminals
captured by your forces be claimed by the military or civil authorities
of the neighboring republic, and those that may have committed any of
the offenses stipulated in the said treaty.
Whenever, in order to effect the pursuit referred to, it be necessary to
act in accord with the military or civil authorities of the United
States, you will invite the same, so that they may co-operate with you
toward success of the respective operations.
And when you, on the other hand, receive a like invitation from the said
authorities, you will zealously endeavor to accede to it, doing
everything in your power in order to capture the criminals. This
agreement between the commanders and authorities of both countries shall
in no case authorize the passing of foreign troops into our territory an
authorization which cannot be granted even by the President of the
republic, because fraction 16, article 72, of the federal constitution
reserves it exclusively to the Congress of the Union. In obedience to
that law, you will by no means consent that the troops of the United
States enter our territory, and out of respect to the sovereignty of
that republic you will likewise prevent Mexican forces from trespassing
on foreign soil.
At the shortest possible time you will communicate to General Ord, or to
the superior commander of the United States forces on the frontier,
these instructions, acquaint-. ing him at the same time with the
dispositions you may dictate in order to render them effective. You will
also endeavor to accord with the said commander with regard to the
operations to be undertaken in combination with him for the capture of
evildoers and their most effective punishment, giving him to understand
that the desires of the President on this point have no other
restrictions than those imposed upon him by international law, the
treaties now in force between the two countries, and the dignity of the
republic. And as a consequence of those restrictions, you will inform
the said commander that as the Government of Mexico cannot allow a
foreign force to enter the national territory without the consent of the
Congress of the Union, and much less that the said force shall come to
exercise acts of jurisdiction, as those expressed in the order of the
United States War Department, you will repel force by force, should the
invasion take place.
In dictating this extreme measure, the President has had in view those
considerations which no Mexican can forego when the defense of the
national honor is in question: The supreme magistrate of the republic
believes that he faithfully interprets the feelings of the Mexicans, if
he accepts the situation in which he is placed rather than the
humiliation of an offense which would reduce Mexico to the condition of
a barbarous country and beyond the communion of international law. The
President does not wish, however, that the attitude assumed by the
soldiers of the republic in front of troops trespassing upon our
territory, infringing international law, be reputed as an act of
hostility toward the United States, but that it be considered as the
exercise of the legitimate right of self-defense that appeals to arms
only in the extreme case when amicable means are unavailable to make it
respected.
This is not the proper time nor is it of the incumbence of this
department to discuss
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the
order of the United States War Department, showing the errors contained
in Colonel Shafter’s report, which has given rise to the same, nor
inquiring into whether the Mexican Government has neglected its duty in
preventing on its part the depredations of the marauders on the
frontier, a reason or motive appealed to by the American Government in
order to take upon itself the fulfillment of that duty, ordering even
the invasion of our territory. In order to treat this matter
conveniently, the necessary instructions have been given to our minister
at Washington.
I request you to appoint a commissioner ad hoc
near the American commander, who shall express to him what I have here
stated. Send to the said commander by that commissioner a certified copy
of this communication, so that he may become thoroughly acquainted with
the measures dictated by the government of the republic.
I deem it necessary to recommend to you the faithful and exact
fulfillment of the instructions I hereby communicate to you by order of
the President; our national honor is therein interested, and this
suffices to expect of your patriotism to act with the prudence demanded
by this serious question, in order to avoid any cause of conflict
between the two countries; acting, however, with due energy, and
repelling with force the insult that it is being sought to inflict on
Mexico by the invasion of her territory.
City of
Mexico, June 18, 1877,
PEDRO OGAZON.
To the General of Division, Gerónimo
Treviño,
In command of his forces,
Piedras Negras.
