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"As to the statement made by the American minister that the said dues are not collected in Acapulco nor in Manzanillo, I would say that, inasmuch as by the order from this department dated the 17th of August last, in reply to various consultations made by the custom-houses at La Paz, Guaymas, and Mazatlan, and to the petition of Messrs. Melchers, agents of the North Pacific Steamship Transportation Company, it was ordered that light-house dues be collected once only on each trip of the said steamers, and at the first port entered by them, it is not improbable that these custom-houses have ceased to collect them on account of proof being offered of their having been previously paid elsewhere; and if this should not be the case, it would signify that the employés at the said ports have not obeyed the law."

And the president being satisfied with the preceding report, I transmit it to you for your guidance, adding that the custom-houses at Acapulco and Manzanillo have been interrogated as to whether, in fact, they have ceased to collect the said dues in all cases; and that the law of May 30, 1868, to which reference is made in the preceding report, says, in the first paragraph of article 1, which designates the various component parts of the tariff dues for that fiscal year, as follows:

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ROMERO.

G.

Mr. Nelson to Mr. Mariscal.

LEGATION OF THE UNITED STATES,
Mexico, July 10, 1871.

SIR: I have the honor to acknowledge the receipt of your excellency's note of the 4th instant, in respect to the light-house dues paid by the steamer Sacramento at the port of Mazatlan, in which your excellency incloses a copy of a report upon this subject from the treasury department, to the effect that the said dues, though abolished in 1860, were re-established in the tariff law of May 30, 1868. Your excellency adds that the receipt of reports from the custom-houses at Acapulco and Manzanillo is awaited, in order that the government may arrive at a final decision of the case. Thanking your excellency for the pains taken to obtain the necessary data, I would respectfully beg to be informed whether the tariff law of 1868 makes any discrimination between the ports where light-houses do or do not exist; and if such be the case, to be further informed whether any light-houses exist at the ports of La Paz, Guaymas, Mazatlan, Manzanillo, and Acapulco.

I embrace this opportunity to again assure your excellency of the very high consideration with which I have the honor to remain your excellency's obedient servant, THOMAS H. NELSON.

No. 293.

Mr. Davis to Mr. Nelson.

No. 178.]

DEPARTMENT OF STATE,

Washington, August 7, 1871.

SIR: I transmit a copy of a letter of the 1st instant, and of the accompanying papers, addressed to this Department by the Secretary of the Interior. They relate to an abortive attempt recently made by officers of that Department toward removing those of the Kickapoo tribe of Indians who dwell in Mexico to the abode of their brethren in this country. It seems that the attempt was defeated by the opposition of Mexican authorities. Mr. Delano requests that the consent of the Mexican government may be obtained to our entrance into the territory of that republic whenever it may be necessary to do so for the purpose indicated. A similar request was some time since made to the War Department, and you were instructed to make application to the Mexican government accordingly. This Department understands that that applica

tion was not favorably received, and was not acceded to. If you should be of the opinion that another effort to that end might have a better result, based upon the documents now transmitted, you will make it, and report upon the subject.

I am, &c.,

[Inclosure.]

Mr. Delano to Mr. Fish.

J. C. B. DAVIS.

DEPARTMENT OF THE INTERIOR,
Washington, D. C., August 1, 1871.

SIR: Before and during the war, portions of the Kickapoo tribe of Indians of the United States removed into Mexican territory. Understanding it to be desirable for them to be returned and remitted with the tribe to which they belong in the United States, Congress during its last session made an appropriation of $25,000 to defray the expenses of their return.

To accomplish this object, Mr. Miles was some time since appointed agent by the Indian Office, and directed to visit the Kickapoos in Mexico, and bring them back to that portion of the tribe remaining in the United States. On his arrival in Mexico he found himself embarrassed by the Mexican authorities and Mexican people, who seemed opposed to the return of the Kickapoos to the United States. A copy of Agent Miles's letter, addressed to Superintendent Hoag, dated June 7, 1871, is herewith inclosed. together with a copy of a letter of Commissioner Parker, transmitting the same to this office. This correspondence furnishes full information in regard to this question.

Since the writing of his letter, Agent Miles has returned to Mr. Hoag's superintendency, finding himself unable to accomplish the object of his mission. It is not deemed advisable at present for this Department to abandon the effort to bring the Mexican Kickapoos back to the United States, but it is impossible to accomplish this object without the co-operation of the Mexican authorities.

I have the honor, therefore, to respectfully request that you cause the Mexican gov ernment to be fully informed upon the subject embraced in this note, and that you will obtain, if possible, the authority of that government for the United States to enter Mexican territory, whenever it may be necessary to do so, and do such things as may be required in removing the Indians referred to to the United States, so that if it shall be finally decided to be the policy of the Government to return them, there may be na obstacles interposed by the Mexican government or Mexican people in accomplishing that object.

I have the honor to be, your obedient servant,

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C. DELANO,

Secretary,

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,

Washington, D. C., July 20, 1871.

SIR: I have the honor to forward herewith a copy of a report of John D. Miles, United States Indian agent now in Mexico, charged with the removal of the Kickapoo Indians in that country, in accordance with the provision made by Congress for that purpose.

For a particular report upon the subject of the removal of these Indians, I would respectfully refer you to my communication of November 28, 1870, in which reference is made to a letter from the Secretary of State, inclosing a dispatch from Mr. Nelson, our minister to the republic of Mexico, upon the subject, dated October 22, 1870.

These papers having been returned to you with my letter of the above date, I have not a copy of said dispatch; but it was to the effect that the removal of these Indians had been the subject of some negotiation, and that the government of Mexico would look with favor upon the project, and that it would assist in gathering said Indians and transfer them to our agents, whenever they should be prepared to remove and locate them with the Kickapoos in the United States.

It was also understood that the Indians themselves were desirous of rejoining their brethren in this country, and that their removal would end the plundering raids into the frontier portions of Texas, of which there had been frequent and just complaint for many years.

Acting upon this information, Mr. John D. Miles, the Kickapoo Indian agent, was, on the 4th of March, 1871, instructed to proceed with a delegation of Kansas Kickapoos to the frontier of Mexico, and consult with the Kickapoos there, and, when gathered, accompany them to the Indian Territory.

It now appears, from the inclosed report of Agent Miles, that we have been misinformed as to the disposition of the Mexican authorities, and the Indians themselves, touching the removal of the latter, and that the Mexican people among whom they reside are hostile to the effort, and have interposed every obstacle in their power to prevent it, so that unless the work of collecting said Indians is performed by the Mexican authorities, the effort seems to be hazardous.

The Mexican people and local authorities desire the Indians to remain, regarding them as a protection against the incursions of hostile Apaches and Comanches from the north. Under these circumstances, Agent Miles, having entered the Mexican territory, finds himself regarded as an intruder, without credentials, and powerless to accomplish any result.

In view of this state of things, I would suggest the propriety of recalling Agent Miles, and deferring further effort for the removal of these Indians until a definite arrangement is had with the Mexican authorities on the subject. But in case you should deem it advisable that he continue his mission, I suggest that a commission be prepared for the agent, to be signed by yourself and countersigned by the honorable Secretary of State, and in some manner indorsed by the Mexican minister, to be transmitted to the agent, with such instructions as the present circumstances may seem to require. Very respectfully, your obedient servant,

Hon. C. DELANO,

Secretary of the Interior.

E. S. PARKER,

Commissioner.

MEXICO, SANTA ROSA,
Coahuila, 6-7, 1871.

ENOCH HOAG,

Superintendent Indian Affairs, Lawrence, Kansas: We reached this place about one week ago, in company with Colonel Bliss, of Duncan, and W. Schuecharett, of Piedras Negras, United States consul or commercial agent, together with four or five persons as escort or guides. Passed two or three small camps of Kickapoos, all of whom seemed to be destitute, and glad to see some of their friends from the north. After the first day's drive we took in one of the principal men to guide us to the main camps, but owing to a break-down of one of our wheels, most of us had to walk for three days, and our Indian guide outwalked us, and went into camp one day ahead of us. We ran short of provisions, and were forty-eight hours without a morsel to eat, and that, too, under a scorching sun and "heated air," on the open plains, such as we had never before experienced. On arriving at Santa Rosa, we found near one hundred Kickapoos ready to meet their friends and hear from their folks up north. We find that a large portion of those who left Kansas in 1864 are dead, the mortality among this portion of the tribe being much greater than among those who have been raised in a southern climate. They are all but poorly clad, when clad at all, and present rather a wild and sorry appearance when compared with the tribe north. They are the most inconsistent beggars I ever saw, and many of them say they often starve for three days, and then get but little. In the past they have depended almost entirely on the "chase" for subsistence, and although they were induced to come into Mexican quarters, under promise of "bags of silver," and many other advantages, yet they had never received anything from the republic until within the last three weeks.

It appears that there had been appropriated by the general government of Mexico, about three years ago, the sum of ten thousand dollars, for the benefit of these Kickapoos, and was duly turned over to the governor of this State (Coahuila) at Saltillo, where it has been lying until last winter, when there was a commissioner appointed, and $5,000 of this fund directed to be turned over to him, to be expended for cows, horses, carts, corn, beef, cattle, &c., &c. This, we think, was all done after learning that our government had made appropriation for the removal of the Kickapoos. We find this commissioner here in the discharge of his duty, duly authorized by the State. On the second day after our arrival here, he bought and turned over to the Kickapoos fifty-two head of beef-cattle, and then drove them around by our quarters, to let us see that he was at no "child's play," but meant business. He had turned over to them a lot of corn only a few days before our arrival.

These are the substantial evidences that they are bringing to bear upon the Kickapoos to prejudice them in their favor, and the citizens here are very much opposed to their leaving, and assure them in every way possible that these things shall last, and that the Mexican government will continue to act in good faith toward them.

The local interest in this matter is this: the Kickapoos are on good terms with them, and as their numbers are sufficient to keep away all marauding bands of hostile Mescalero, Apaches, Comanches, &c., they are a sure protection for them, and the people of Santa Rosa say, if the Kickapoos leave them, they will be exposed to all the horrors of the arrow and scalping-knife. Santa Rosa is kept up almost entirely by its silver mining interests, and the leading miners, although of pure American blood, are bitterly opposed to the removal of the Kickapoos and against our presence here. The Mexicans tell the Indians that we are only setting another trap to get them over into Texas, and then repeat the terrible slaughter that was poured out upon them in 1865 by the rebel Texans, who sought to force them into the confederate service, and then, on account of their refusal, pounced upon them with fearful slaughter. The Mexicans have even ! kept them in perfect ignorance of the conclusion of our terrible war, and have told them it still raged. This has been done in order to keep them from returning to their old homes north. The Kickapoos south still hold a bitter grudge against the Texans, and it is going to be quite difficult to get them to understand that it was not the representation of the loyal portion of our Government that punished them in Texas. They regard it as a mere chance that we passed through Texas safe. A large portion of the tribe is out on the hunt just now, and we cannot hold an official council among them until some of them return. Messengers were dispatched at once for them, and some squads have returned. The Indian portion of our delegation have been out in some of their camps here, and report them in very destitute circumstances, and the women very generally express a wish to return north, while the men are disposed to question the propriety of the move, and have raised some very important points, which will be brought before me in general council, (if permitted to meet them in council) One is, "Where is Warren Station?" "How large a reservation is to be given us!” and "Who are to be our neighbors?" and "Is the land good?" &c., &c. I am not authorized to answer any of these questions in my letters of instruction. Some say that, before they will consent to go, they must send a delegation to see where they are to live; some are going to ask for ponies, so that they can take an independent course, and go independent of the military, of which they seem to have a dread. All these are points that are being brought up by individuals unofficially. Here we are in a foreign country, regarded as intruders, with no official documents to show authority for crossing the Rio Grande to hold conference with these Indians, and yet, if we see them at all, it is absolutely necessary to go into Mexican territory. I should have had some kind of document from Commissioner Parker or Secretary Delano, and indorsed by the Mexican minister, and then the authorities here would not have thought so strange of our presence here. My only claim while on Mexican soil is that of an American citizen in an unofficial capacity. We find that several unofficial persons have been trying to work up their removal since the appropriation of the $25,000, partly on a "financial" basis, but without success. This goes very much against us, from the fact that the Indians are getting tired of it, and do not know who to trust or believe. They refused to receive one party, and told him if he did come into camp they would kill him. Another tried to get a hearing with them, who was asked if he wished to fight; if he did, they were ready for him. Our party from Duncan all left us yesterday, and we propose to stay here as long as we think there is any hope for doing good. The alcalde has promised us protection, although he regards us as intruders, and he is himself personally opposed to the removal of the Kickapoos. Our cash expenses have been quite heavy, and must continue to be while here, and we must have more money to get home, or even if the Kickapoos do not go north. Everything is specie since we reached Texas, and our currency has only brought from 85 to 83 cents on the dollar. We are three hundred miles from telegraphic communication, (San Antonio,) and yet I shall have to make a trip there before starting home. We have "fearful odds" to work against; therefore do not expect too much from us. I am, as ever, thy sincere friend,

JOHN D. MILES, United States Indian Agent.

P. S.-Thermometer 105 in shade, which makes us northerners pant.

No. 429.]

No. 294.

Mr. Nelson to Mr. Fish.

LEGATION OF THE UNITED STATES,

Mexico, August 10, 1871. (Received August 26.)

SIR: The Mexican department of foreign

affairs, under date of the

28th of July ultimo, issued a circular to the governors of States upon

the subject of foreign citizenship, a copy and translation of which are herewith inclosed, (A and B.)

The object of this circular is stated to be to procure the readier and more punctual observance of the accompanying decree of March 13, 1863, upon the same subject, and to prescribe certain new rules and regulations for the registration of foreign residents. Of these, the most important are those which concern those foreigners who have acquired their citizenship by naturalization, in respect to whom it is provided that for the purpose of registration and the consequent recognition of their actual citizenship by the Mexican government, they must present, not merely the diplomatic or consular certificates required in all cases, but also their original naturalization papers, and only when the loss or destruction of such papers is sufficiently proven will other proofs of equal force be admitted to show that the interested person legally obtained his naturalization, after observing the conditions of residence and the other conditions required by the laws of the country in question.

Moreover, the fact of such registration at the department of foreign affairs is to be considered as affording only a legal presumption of the citizenship therein ascribed to any foreigner; the government reserving to itself the right to ignore such registered citizenship whenever it may, by any means, become satisfied.that the entry was unduly made.

Your obedient servant,

[Translation.]

THOMAS H. NELSON.

DEPARTMENT OF FOREIGN AFFAIRS, CHANCERY SECTION. This ministry has noticed that the governors of States, when they call for certificates of matriculation, in conformity with the third article of the law of March 16, 1861, they frequently do not keep in view the explanation of the eleventh article thereof, contained in the decree of March 13, 1863, which is inclosed with this circular for its readier and more punctual observance.

It is ordered therein that for the registration of any foreigner, it shall be sufficient that there be presented at this ministry a proof of his nationality certified by the proper diplomatic or consular agent, when the said individual possesses by birth the nationality attributed to him in the certificate, but not when he has acquired it by naturalization, and that in the latter case there must be presented to the government an incontrovertible proof that the interested party has complied with the conditions regarding residence and the other conditions prescribed by the naturalization laws of the country in question. It is, therefore, indispensable for the ready fulfillment of the said decree, that the governors and other functionaries through whose agency foreigners may solicit the certificates of registration contemplated by law, shall take care that the proofs of nationality sent in such cases to this ministry possess the necessary conditions, for which purpose the following rules are to be observed:

1. The certificate of nationality issued by a diplomatic or consular agent will be sufficient, whenever it is expressed therein that the person interested is a native of the country represented by said agent.

2. Whenever the passport mentioned in article 11 of the law of March 16, 1861, shall be presented as a proof of nationality, the said document shall be legalized by the proper diplomatic or consular agent, and accompanied by a certificate that the interested person is a native of the country represented by said agent.

3d. The proof to be presented by persous naturalized in a foreign country shall be the naturalization paper, duly legalized; and only when its loss or destruction shall be sufficiently proved, or that such document was not necessary under the laws of the country in question, other proofs of equal force may be admitted to show that the interested person legally obtained the alleged naturalization.

4th. Every proof of foreign nationality which shall not combine the requisites specified in some one of the preceding rules shall be of no value when presented for the purpose of obtaining a certificate of matriculation.

It is proper to note in this circular that a registration constitutes merely a legal presumption that a foreigner possesses the nationality therein assigned to him, and by

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