386 CONGRESSIONAL RECORD-SENATE. N OVEJ\IBER 14,

WILLIAM M. PATTO:N. By Mr. MORRISON: Memorial of W. M. Springer, for compensa­ Mr. WILSON, by unanimous consent, submitted the following res­ tion for professional services rendered in the Supreme Court of tha olution; which was referred to the Committee of Accounts: United States in the case of The Assistant Treasurer of the United . Resolved That the Clerk of this House be, and he is hereby, directed to pay to States vs. The Centennial Board of Finance and others-to the Com­ William :M. Patton out of the contin~ent fund, the sum of t400 for services ren­ mittee on Appropriations. dered as messenger of this House xrom May 1, 1877, to the 1st of September By Mr. REED: The petition of Philip Henry, for a pension-to the following. Committee on Invalid Pensions. PAY OF HOUSE LABORERS. By Mr. ROBERTSON, of Louisiana: Papers relating to the estab­ Mr. HENDERSON, by unanimous consent, submitted the following lisqment of a post-route from New Landing, by way of Church­ resolution; which was referred to the Committee of Accounts : ville and Petite Praitie, t-o Big Cane-to the Committee on the Post- Resolved, That the Clerk of the House be, and is \lereby, authorized and directed Office and Post-Roads. . to pay, out of the ~ntingent fund, such of the laborers of the House as were actu­ By Mr. SAYLER: The petition of Charles C. Aleshire, to be paid ally employed dnnng the recess of Congress or any part of the same. the salary of assistant superintendent of the document-room, Door­ ADMINISTRATIVE ECONOMY .ll-.'1> REFORM. keeper's department, Bouie of Representatives, he having performed the duties of that office until the organization of the Forty-fifth Mr. GLOVER, by unanimous consent, submitted a resolution to en­ Congress, from March, 1877-to the Committee of Accounts. force administrative economy and reform; which was referred to the By Mr. SCHLEICHER: Papers relating to the claims of Mrs. Ella Committee of Ways and Means. P. Murphy for property taken by Indians-to the Committee on The question being taken on the motion that the House do now Indian Affairs. adjourn, it was agreed to ; and accordingly (at four o'clock and forty By Mr. SHALLENBERGER: Papers relatipg to the petition of minutes p. m.) the House adjourned. Elizabeth Teagaruen for a pension-to the Committee on Invalid Pensions. By Mr. THROCKMORTON: Papers relating to the claims of Je­ PETITIONS, ETC. rome McAlister, W. E. Davis, Jesse B. Maxey, Z. W. Rains, Himm The following petitions, &c., were presented at the Clerk's desk, Leaf, John Stroud, Thomas J. Rhodes, and John A. Gordon, for prop­ undet: theJ rule, and referred as stated : erty destroyed by Indians-to the Committee ou Indian Affairs. By Mr. BANNING: The petition of Andrew Gleason, for compensa­ By Mr. VANCE: Papers relating to the bill for the relief of Mary tion for work done under a contract with the engineer in charge of Tatham-to the Committee on Indian Affairs. public buildings in the city of Washington, District of Columbia­ Also, letters of Second Assistant Postmaster-General Brady, rela­ to the Committee on Public Buildings and Grounds. tive to the claims of J. S. Waldrup and J. C. Clendennin for carry­ By Mr. CALDWELL, of Kentucky: The petition of G. J. Houston, ing United States mails-to the Committee of Claims. for compensation for services rendered in the Doorkeeper's depart­ By Mr. WAIT: The petition of A. D. Cook & Co., for the remission ment, Honse of Representatives, during the second sesaion of the ~.,orty­ of a forfeiture under a contract with the United States and for pay­ fourth Congress-to the Committee of Accounts. ment of a claim-to the Committee of Claims. By Mr. DURHAM: The petition of Mary Riley, for a pension-to By Mr. WHITE, of Pennsylvania: The petition of citizens of Penn­ the Committee on Invalid Pensions. sylvania, for aid from the Government to assist persons from said By Mr. ELLIS : Papers relating to the claim of Hyde & Mackey State to emigrate to the West and engage in agricultural pursuits­ for work done in dredging the So~thwest Pass of the Mississippi to the Committee on Public Lands. River-to the Committee on Commerce. By Mr. WILLIS, of New York: Memorial of the New York Board A1so, the petition of H. D. Coleman, ooministrator of Willis P." of Trade and Transportation, for the appointment of a joint commis­ Coleman, deceased, for compensation for property destroyed by the sion to investigate the working of our system of savings institutions­ United States military authorities-to the Committee on War Claims. to the Committ.ee on Banking and Currency. lly Mr. EVINS, of South Carolina: A paper relating to the estab­ By Mr. YOUNG: Papers relating to the claim of Peter Targarona lishment of a post-route from Texahaw to Camden, South Carolina-­ for property seized by United States officials-to the Committee on to the Committee on the Post-Office and Post-Roads. War Claims. lly Mr. FENN : Papers relating to the bill providing for negotia­ tions with the Creur d'Alene Indians in the Territories of Idaho and Washington-to the Committee on Indian Affairs. By Mr. FRANKLIN: Papers relating to the claim of A. L. H. Crenshaw for property taken by United States Army-to the Com­ IN SENATE. mittee on War Claims. By Mr. GARFIELD: Thepetition of Andrew J. Herroon,fora pen­ WEDNESDAY, November 14 1877. sion-to the Committee on Invalid Pensions. 7 By Mr. GOODE: Papers relating to the petition of the sureties of Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Jesse J. Simkins, late collector of Norfolk, for relief-to the Commit­ The Journal of yesterday's proceedings was read and approved. tee on theJudiciary. PETITIONS Al\"D MEMORIALS. Also, papers relating to the petition of Kate Louisa Ray for a pen­ sion-to the Committee on Invalid Pensions. Mr. GARLAND presented the petition of J. N. Walton and others, By Mr. GUNTER: Papers relating to certain private land claims of citizens of Faulkner County, Arkansas, praying for the establishment Mrs. Myra Clark Gaines, in Louisiana--to the Committee on Private of a mail route from the town of Conway to the town of Beebe, in Land Claims. that State; which was referred to the Committee on Post-Offices and By Mr. HARDENBERGH: Papers relating to the claim of Moses B. Post-Roads. Bramhall's administrator for property seized by United States offi­ He also presented the petition of A. Burwell, of the District of cial!!-to the Committee on War Claims. Columbia, praying compensation for the occupation and use of his By Mr. HARTRIDGE: Memorial of the commissioners of pilotage property by the authorities of the United States during the late war; for Brunswick, Georgia, and others, against the repeal of the law which waa referred to the Committee on Claims. regulating compulsory pilotage-to the Committee on Commerce. He also presented the petition of A. Burwell, of the District of Co­ Also, memorial of the mayor of Savannah, Georgia; of the chairman lumbia, praying that the taxes paid by him in the years 1865, 1866, of the commissioners of pilotage; of the president of the Cotton Ex­ 186'7, and 1868 upon certain cotton may be refunded; which was re­ change; of insurance agents; of merchants and others, against the ferred to the Committee on Claims. repeal of the law of compulsory pilotage-to the same committee. Mr. ROLLINS presented the petition of the vestry of St. Michael's Also, memorial of the pilot-s and citizens of Darien, Georgia, of Protestant Episcopal church of Charleston, South Carolina, praying similar import -to the same committee. for the refunding to them of 1,588.56, which was paid by them as By Mr. HASKELL: Papers relating to the claims of citizens of duty up6n certain chime bells; which was referred to the Committee Kansas Territory for damages to and for losses of property resulting on Finance. i"rom the civil disturbances in thn.t Territory in the years 1855 and Mr. DAWES presented a memorial of the Boston Society of Civil 1856-to the Committee of Claims. Engineers in favor of the use of the metrical system in all transac­ By Mr. JONES, of New Hampshire: Papers relating to the claim tions of the Government; which was referred to the Committee on of Charles H. Ladd for the use of his property by the United States Finance. during tho late war-to tho Committee on War Claims. Mr. BAILEY presented the petition of James D. Porter, governor By Mr. MAISH: The petition of John A. Rea, to have refunded of the State of Tennessee, and others, citizens of Nashvi~e, in that certain taxes illegally collected from him by United States officials­ State, praying for an increase of compensation to letter-carriers; to the Commtttce of Claims. which was referred to the Committee on Post-Offices and Post-Roads. Also, the petition of Henry Clayton, late a captain in the United REPORTS OF COMMITTEES. States Army, to be reinstated in his former rank in the Army and Mr. INGALLS, from the Committee on Indian Affairs, to whom w2s placell upon t.ho retired lishto the Committee on Militarv Affairs. referred the bill (S. No. 107) to enable Indians to become citizens of By Mr. MARTIN: Papers relating to the claim of the heirs of the United States, reported it with amendments, and submitted a Denjaruin Moore for servir.es of said Moore in perfecting certain im­ report thereon; which was ordered to be printed. provements in the manufacture of small fire-arms-to the same com­ Mr. OGLESBY. The Committee on Indian Affairs, to whom was fuittee. referred the bill (S. No. 140) to punish parties for stealing property 187-7. CONGRESSIONAL RECORD-SENATE. 387

belonging to Indians who are in charge of an Indian agent, &c., h.

which waM referred to the Committee on Appropriations, and ordered cials and Major Price, commanding the district. reports that tho remainder of the criminals are still at lar~ro and their whe1'ea.bouts lrnown. A.s tho efforts for the to be printed. extradit.ion of these cri:mina.ls has caused the resignation of nearly all the Ta.mau­ COMMITI'EE SERVICE. lipas officials applied to, it is probable that no further steps will be taken in the matter. On motion of Mr. INGALLS, the Vice-President was authorized to .Three eriminaMI who committ(ld a murder near Hidal~o. Texas, recently, are :fill the vacancy in the Committee on Pensions occasioned by the resig­ reported by Major Price to be in the town of Matamoras; effor~ for their extradi- nation of Mr. DAVIS, of Illino!5; and the Vice-President appointed tion have also failed. . In the case of the jail.breakers, the Mexican government ordered the surrender Mr. VooRHEES. or all the criminals. FRONTIER. Now, here is complete, conclusive evidence, by an unimpeachable Mr. MAXEY. I ask that the resolution submitted by me o.n the witness, of the truth of the assertion which I have made in regard to 12th instant be taken from the table and reported for the consteen returned and tho Resolved, That the Committee on Military Affairs is hereby instructed to inqn~ whereabouts, says the report, of all these men is known. Their re­ into the e-xpediency and propriety of a sys~em of ~efens!'"o ~orks on the. R10 turn was ordered. Why was not that order complied with f Sir, there Grande frontier of the United States i and if upon mvestig~tion the comm.Ittee is tho key-note to all the troubl.es that we have ~ad in ~hat ~ountry deom it expedient and proper to construct t~e sam~. they mil repory, by blll or for the la-st eiO'hteen years. It JS true that President D1az did order otherwise,thereof, having a plan due of regard defensive to practicability, wm:ks ~o! saHl efficiency, ~ontler, and and economy. the estimated cost th""..., return of these men and their delivery to tho proper authorities for trial. It is also true that the authorities of tho state of Tamau- Mr. MAXEY. Mr. President, on the night of tho 11th of August lipas, from Governor Canales, who was the commanding general of last about the hour of midnight, an armed band of Mexicans, organ- the forces there all the way down, absolutely refused to obey that ized upon the soil of Maxie?, crossed the Rio Grande, t~e. boundary order and rather than do it resigned. The extradition commissioner between Mexico and tho Umted Stat.es, broke open the Jail of Starr of Me~co resigne

Hidalgo was a~reed upon and signed and ratified, and by the terms piefl by a baud of armed banditti-a thing till now unheard of in these United of that treaty, 1.1 the third article thereof, the Rio Grande was fixed States. lie mado his headquarters in tho deserted ,rarrison of Fort Drown, and sent as tho permanent western boundary of the State of Texas. mounted men through the streets hunting up their enemie!!. He broke open the This qnestion brings afresh the old disputed trouble of the coun­ jail, liberated the prisoners, knocked oft' th(,\ir irons, :md bad them join him. He try lying between the Nueces n.nd tho Rio Grande, because the Mex­ killed tho jailer, Johnson, a constable named George Morris, young N f:J,le in hif4 icans along the border claim that tho State of Tamaulipas extends bed; and two Mexicana were after Glavecke, the wounded city marsh'll, and others. to the Nneces. If that q nestion was worth a war, and one of the most That is not the statement of a. Texan. That is not an exaggeration, brilliant wars recorded in history, I ask if the protection of that coun­ gotten up for the purpose of plunging this country into war, but is tr_y, thus won by the valor of American arms, is not also worth the the official statement of one of the United States best Army officers. attention and effective action of this Congress f If the country was Cortina was now a hero, adored by the women of his country, worth fi~hting for, it is surely worth protecting. believed in by the men, anrl feared by his government. He remained Bringmg down the history to the point which I have given, I call at and a.bout Brownsvil1e defiantly until the arrival of Major Heintz­ the attention of the Senate to these additional facts. After the elman with United States troops, on the night of December 5, 1859 . . treaty of Guadalupe Hidalgo this country between the Nueces anrl You will bear in mind that he took possession of thDt country on the Rio Grande, which is the finest grazing country in the United tho 13th of July, 18.'>9, anu remained there from that time to the lOth Stat.es if not upon the face of the earth, began to rapidly fill up rlay of Decemher, 1859, unfurling the fha of Mexico on the soil of with 15plendid stock ranches, not ordinary cattle-farms, but stock the United States, sustaining and defending that flag with armed ranches where the herds were from a thousand to fifty thousand and men upon our soil. I quote from the very able and exhaustive report seventy-five thousand and a hundred thousand, requiring no atten­ of the special committee appointed by the House of Representatives tion further thnn marking and branding. The country had been at the first session of· the Forty-fourth Congress. I read from pages W'Owing wealthy in the productive industry of raising cattle, but in 4 and5: 1859 a new character appeared on the Mexican sido, who ha-s been Cortina Pstablished himsP.lf 110 bsequently on the American sido of the river above from 1859 down to this present good hour the pest and th~ curse of the Brownsville, where he collected men and arms. He repulsed a.n attack made on border, Juan Nepomuceno Cortina, the great leader and chieftain of his 110sition by a nuwbor of Americans, assisted by national guards fl·om Mata­ moras, with some artillery, on the 2~th of October. Tho governor of Texas sent the border marauders, who has cansed the loss of millions of dollars out forces against Cortina. Several fights took place in the chaparral, in which of property and of hundreds of lives of Texans as shown by the Cortina maintained his position. Major Heintzelman says: evidence. And I again quote from that distinguished officer- To show that this is a grave question, one which shonld attract the " Cortina was now a grpat man. He had dt>fPated the 1 l!rlngo.s,' and his position attention of this Congress, I have only to cite t-o you this hugo man­ was impregnable. He had the Mexican flag flying in his camp, and numbers were uscript lying before me from the State Department, in which you flocking to his standard." will find that every department of this Government having relation Bear in mind that that was on the soil of our country: to this matter has taken part, the President himself, the Secretary of "When he visited Matamoras be was received as the champion of his race, as State, bot.h Houses of Congress, and the War Department. the man who woulfl right the wrongs of the Mexicans and drive back the hated 'fhe history of Cortina is necessary to be placed before the Senate Americans to the Nueces." because that is essential to a proper understanding of the history The committee say: of the border trop.ble. In 1859 Juan N epomuceno Cortina came to the Major Heintzelman arrived, in command of United States troo~s, on the night ot front as the champion of the cause of Mexico, and from that day to this the 5th of December at Brownsville. He took command, and, With a mixed forcE. that daring robber and murderer has been tho idol and e-hosen leader of United States troops, Tex:ll8 ran~ers, and volunteers, dislodged Cortina and finally defeated him at Rio Grande City on the 27th of December. Cortina crossed of the freebooters of Tamanlipas. The history of Cortina and his band over into Mexico a.nd established himself t-here. Once more ho crossed over to tho of desperadoes is the history of murder, robbery, and arson on the Rio American side on a raid. We close this account by another quotation from Major Grande for eighteen years, every page of which, a~ t.he record of this Heintzelman's report: Government attests, is marked with evidence of their crimes against "Most of his arms, ammunition, and anpplies to maintain his forces for so man) the laws of God and man, of their bold and successful disregard of months came from .Mexico, and principally from Matamoras." the laws and power of Mexico and of the protecting power of the Matamoras is immediat-ely opposite to Brownsville, and is ono of fiag of our country. the most important and flourishing towns on the Mexican side of the fu 1859 Cortina and his crew invaded the territory of the United Rio Grande. 1 St..'l.tes, captured the city of Brownsville, murdered citizens, broke .Most of the men were ' pelados" from the towns &Bd ranches along the Rio open the jail and released prisoners, took possession of old Fort Grande. On the Mexican side he always found a market for his plunder. He was styled in orders "General en Gefe" anii he went about with a body-guard. Brown, unfurled the flag of Mexico, and bid defiance to the hated '.rho whule conntry from Erownsville to PJo Grande City, one hundred and "Gringos." twenty miles, and back 1o the Arroyo Colorado, has been laid wast~. There is not I quote as follows from the report of Major (now General) Heintzel­ an. American, or any vropert1. bel01iging to an A.merlcan, th~t could be ~estroycd. in man, of the United States Army, a gallant man, whose word no one this lar_ge tract of country. Their horses and cattle were driVen across mto .Menco will question. This which I read is embodied in his report dated the and thero sold, a cow, with a calf by her side, for a dollar. 1st of March, 1860, and will be found in Executive Document No. 84, Defeated by Major Heintzelman, he fled to the Mexican side aml first session Thirty-sixth Congress, ca.lled for by a resolution of Con­ was received with open arms. The sympathies of his people went gress calling npon the Secretary of War to furnish information in oat to this bold defender of what they were ple'1.8ed to term .Mexican respect to the condition of the frontier. General Heintzelman says: honor. He recruited, ll.rmetl and equipped his force in Mexico, and at intervals amused himself by firina across the river at our men and Juan Nepomuceno Cortina, the leader of the banditti who have for the last five at·steamboats plying the river. Hekilled a United States soldier hy months been in arms on the Lower Rio Grande, murderin~. robbing, and burning, is a ranchero, at one time clair(ling to be an American and at another a Mexican firing across the river by way of diversion. The eviuence is to be citizPn. At the time General Taylor arrived on the banks of the Rio Grande he was found in the same report, page 5. a soldier in General Arista's army- Dnring the interval of the rate war Cortina wa.s not heard of on this side the river, because the vast commerce along that river during that Who, as the Senate will remember, was tho general in command of period had brought people from everywhere. It was not safe to try the Mexican forces at the battle of Palo Alto and Resaca (le la Palma it, but he was not idle on his own side. He was paving the way to on the 8th and 9th of May, 1846, the opening battles of the exican war. w-eaterpower. I quote from the testimony of Colonel JohnS. Haynes, United States collector of the Brownsville district, taken before He bas for years been noted ns B lawless, desperate man. Ten years ago he was indicted for murder, and the sherifl' attempted to &JTest tho committee already referred to, and of which Hon. GusTAVE him, which made him for a long period keep out of the wav, until the witnesses ScHLEICHER, the distinguished Representative of the Rio Grande were {{ODe. ln 1854 he again began to be Seen abont; but nO Otfort was mado to ar­ district, was chairman; the part read is from pages 49 and 50 of the rest h1m nntil in the spring of 1859, when ho was indicted for horse·stt'a.ling, and he evidence furnished with the committee's report, as follows: bas since been a fugitive from justice. When he came to town he was always well ~ifu~.had some of his frienda around him, making it dangerous to interfere Rut I would call the attention of t.he committee to a 11hort episode of Mexican history reported by the Mexican commiP.sion in dleir defense of Cortina, on pages * * It • • * 149, 150. Jt is shown that, on the 5th of October, 1863, Cortina, then a lieutemmt­ On the 13th of July last be was in Brownsville with some of his ranchero-friends, colonel in the Mexican army, overthrew and imprisoned ~vernor Ruix, a.nd made when a man who was formerly a sorvant of his was arrested by the city marshal for Jose Maria. Cobos, who crossed over from .Hrownsville that night governor of Ta- abusing a coffee-house-keeper. Cortina attempted to rescue the man. He fired maulipas. . twice on the marshal, the second shot wounding him in the shoulder. Remounted Cortina made governors t I will show that he was more than the his horse, took the prisoner up behind him, and with his friends around him rode o~ dtJfying the authorities to arrest him. He escaped to Matamoras, and there Warwick of the border before I finish. was trcateu with consideration and lauded as the defender of Mexican rights. On the 6th. Cobos proclaimed himself also commander of the forces. That night • * * • * * * be and his second in command were arrested by Cortina, and before breakfast on Before daylight on the morning of the 28th of September, Cortina entered the the 7th they were shot to death. Rniz was rP-installed as governor on the 9th; buf; city of Brownsvill(}- a few hours after. Cortina again revolted, Rniz fortunately escaping, and Jeans de la Serna WllB made governor. Ruiz collected a force and returned to J,{atamoras, Which is a town 9f the State of Texas and of the United States­ and on the 1st of January, 1864, was again installed as governor, and on ~e 12th was again driven out by Cortina, who then proclaimed billl8elf governor. with a body of mounted men, va.riously estimated at from forty to eighty, leav. ing two small parties of foot outside, one near the cemetery, the other near the He surpassed Warwick! suburbs of Framireiio. . The citizens were awakened by firing and cries of "Viva And the general government (says the report) accepted the condition of things Cheno Cortina!" "Mueran los gt.ingos!" (Death to Amencans!) "Viva. Mex­ which had been consummated at .Matamoras, and shortl.y after conferred the rank ico!" The city WllB already in his possession, with sentinels at the corners of the of ~reneral on Cortina, (J,>age 151.) .And yet the commission gravely claims that Jnincipul streets and armed men ruling about. He avowed his <1etermination to •• when tbe moral conrliuon of our frontier is far superior to that of Texas it does kill the Americans, but assured Mexicans and foreigners that they should not be not soom proper that the causes of the existingcriwrnality of the counties situated molested. Thus ~as a. city of two thousand to three thousand inhauitanta, occu- along the .Bravo should be lookod for on the Mexican border." 390 CONGRESSIONAL RECORD-SENATE._ NOVEMBER 14,

It will be borne in mind that Bravo is t.he Mexican name for the being asked, "Did any ca-se ever come to your knowledge of partiPs same river which I have called the Rio Grande. . raiding from this side into Mexico and stealing from the Mexicans f" Was this man Cortina, then bearing the commission of a lieutenant­ answers, "Never; I never heard of such a case." And yet two thou­ colonel, court-martialed and shot! Oh, no. Was he tried by the sand miles from the border you find that -people know so much more civil authorities for murder! Ob, no; that would not have been en about our business than we know ourselves that it is in their months 1·egle. He was simply promoted to the rank of brigadier-general in that we of Texas are raiding upon Mexico as much a-s the people of the Mexican army, left in the office of governor of Tamaulipas,,which Mexico are raiding upon us. Here the department commander of the he had usurped, and placed in command of all the forces m that military department of Texas, an honored officer of the United States State. Onlythls,andnothing morel Agreatman was "Cheno," the Government, swears that he examined carefully and he could hear of pet name by which these border ruffians call him. From that day no case of that kind. Here is an officer who has been stationed for till his arrest not long since he was the curse of the border. three years and a half on the bank of the river as a captain command­ Such is the leade1· and such are the men with whom yon, Senators, ing a post, and he says the same thing ; be never heard of it. are confronted to-day. Ah, but they say Cortina was arrested and I might pile up cumulative evidence, but, the witnesses quoted being taken to the City of Mexico not many months ago. Yes, he waa United States Army officers, wholly disinterested, intelligent, and arrested for disobedience of orders. It was said, but I suppose no one thoroughly reliable, it will scarcely be deemed necessary to carry this believed it, that be was to be tried for his great crimes, and that at point further. It is untrue that raiders go from Texas to Mexico. last-the Central Government having possessed itself of his person­ If honor and honesty would not act as restraints, as they certainly peace would reign along the borders. He is simply the idol of the have, the conclusive point in General Ord's testimony, "there is Capitol, the ohser"Ved of a11 observers, thfb impersonation of the Mexi­ nothing there to steal," settles that question. We have appealed for can idea of a hero sans peur et sans reproche. And to-day h\s emissa­ redress in every form, but so far in vain. There is biting and deserved ries are busy all along the line stirring up a new revolution, and by sarcasm in the indorsement put on a report of cattle-stealing made way of recreation invading Texas, stealing cattle, breaking jails, by Captain Sheridan, commanding the post of Ringgold Barracks, De­ shooting down jailers, grievously wounding prosecuting attorneys, cember 9, 1872. The papers having been decorated with a suftinieucy and releasing murderers and horse thieves. This last is just what of red tape rl.nally reached General Sheridan, at Chicago, January 3, they did on the night of the 11th of August last at Rio Grande City, 1873, who indorsed thus-and you will bear in mind that General aR evidenced by tile records from the State Department and General Sheridan commands the military division of the Missouri, of which· Ord's report, already cited. the military Department of Texas is part: . From the close of the late war down to this good hour Mexicans The especial attention of tM Government ha8 been so frequently called to the depre. along the border have boon guilty of one continuous chain of crimes. ~~o~:~! :J~i~~~ £:::e frontier of Texas that the undersigned simply sub- The testimony accompanying the report to which I have referred allows that they have carried their robberies and murders out one He had called the attention of his Government time and again and hundred and fifty miles from the Rio Grande, near to Corpus Christi; so repeatedly to these outrages, and received no effective response! that the largest cattle ranches on the bestgrazinglandsin the United that he says, "I simply submit these papers." What a commentary States have been broken up, and that cattle-not by thousands, but They may be found in the executive document, Foreign Relations, by hundreds of thousands-have been stolen by these Mexican raiders first session, Forty-third Congress, 1873-'74, volume 1, page 646. and driven into Mexico, and 1nany thousands sold to the Mexican Gov- Lest there may be a doubt as to the character and extent of the • ermnent, while a large Mexican contract with Cuba wa-s filled out of outrages complained of, I now call attent.ion to the conclusion drawn Texas cattle stolen by Mexican thieves. This testimony may be by the committee before referred to. I quote from page 6 of their found not only accompanying the able report quoted from, but in report, as follows : documents pertaining to congressional business from the Thirty-sixth It will be seen that the constant and immenR6 robbery of cattle, which is the Congresstothepresent; in the message of the President of the United basis of this entire system of outrages, bas, in these later statements- States to first session Forty-fourth Congress; in military reports in the War Department; in official communications in the State And they are referring to the testimony in regard to murder and Department; in joint resolutions of the Legislature of Texas, pre­ house-burning, taken before that committee, and the robbery of Fed­ sented in both Houses of Cnngress; in a memorial of the convention eral offices, post-offices, and internal-revenue offices- t.hat framed the constitution of the State, likewise presented in both hardly been mentioned, as the murders and other crimes which have grown out of it overshadow it. The question with the people bas become one of existenco, Houses, and in the petitions of the people of 'fexas who suffered so not of pecuniary loss. greatly. To all this should be added the official reports of the adju­ tant-general of Texas, General Steele, specially entrusted on behalf And I would that that sentence could reach the ear and conscience of the State with peace on the frontier; the official communications of every Senator on thi~ floor. It is now with us a question of existence. of Governor Coke, late governor of the State, and now an honored The qnestion with the people has become one of existence, not of pecuniary loss. member of this body, and the present Governor Hubbard, and the And on the point I have distinctly made, that the charge that dep­ ablo and exhaustive 1·eport of the House committee, with its accom­ redations were committed by Texans on Mexican soil is utterly with­ panying evidence already referred to. The character of this a)>le out foundation in fact and is not sustained by one scintilla of evidence committee, made up of gentlemen well known throughout the coun­ I agM.in quote from the committee's report and from the late Secre­ try and of opposite sides in politics, should give to their report, it tary of Btate, Hon. Hamilton Fish, this evidence, to be found on page seems to me, very great weight. And all this testimony-from the gov­ 9 as follows : ernment of Texas, from the President of the United States, from the It will be noticed that Colonel Christo­ State Department, the 'Var Department, and from Congress-concurs. A Mexican officer- There is no material discrepancy. It is abundant, overwhelming, indicates that the robberies are committed by robbers of both aides, and that the conclusive. I invite the careful attention of Senators to this testi­ losses and sufferings are mutual. Thill is the continual charge of the Mexicans, mony. It is too voluminous to read wit.h these remarks, but an ex­ repeated again and again with unblushing effrontery. amination will show that I am fully sustained by evidence at every point. And this charge is repeated in many portions of this country with It has been charged that these ratds were reciprocal; that Texas nnblushipg effrontery, and with a total and stupid ignorance of the men raided Mexico as much as Mexicans raid Texas. Every witness facts existing upon the Rio Grande, and I have proven it conclusively without exception before the committee says this is false. General and abundantly. This committee hllve, after diligent search, ~en unable to find a single case of a Ord being questioned on this point says on page :n of his testimony: plundering ra.id from Texas into Mexico. Hon. Hamilton Fish, in his letter of May I in<,tuired carefully when I was down there to ascert'lin if any raid bad been 20, 1875, to Mr. Foster, states, with full knowledge of all the facts, as follows:- comnntted by Americans on Mexicans, and I could not hear of a single instance. And, sir, you will find probably hundreds of letters in this gre3t And he adds: manuscript lying before me, addressed by the Secretary of State to Besides, on the Mexican aide of the lower Rio Grande, so far as I could see, the minister at Mexico in regard to these depredations- there is nothing to steal. (See same page.) " It may be regafded as frivolous to seek to justify the hostile incursions into our territory on the ground of retaliation for similar incursions from this side. There And that is. true. There is absolutely nothing to steal over there have been none such"- save such stealing as might be done by one of them of the other of property stolen from Texas. Outside Of Matamoras, Mexico, which Mark the words of the Secretary : "There have boon none such." is just across the river from Brownsville, the people are po!lr. All Will you believe the statement of the Secretary of State, whose spe­ the testimony shows that the majority have no visible means of sup­ cial charge and duty it is to look well to the interests of this coun­ port. All the testimony on the point shows that these stolen cattle try with foreign nations, and the Htatement of a man whose cLa.r­ are driven to market, mainly to Monterey, Mexico, a flourishing place acter for truth and veracity stands so high as that of the late Secretary of twenty-five or thirty thousand people, about one hundred and fifty of State, and who performed his duties so wisely and well f Will you miles from Brownsville, where the price of beef, as the testimony believe what he states about it f shows, is regulated by the success or failure of raillil on Texas cattle, " There have been none such, and proof of the contrary is challenged." or it is sold to the authorities of the Mexican government for army The people of Texas have likewise challenged proof time and purposes, and in one instance proven, a large contract for the delivery again, and not one scintilla of evidence has ever been brought for­ of beeves in Cuba was filled out of stolen Texas cattle. ward ; and yet the charge is iterated and reit.erated, and has even Captain H. C. Corbin, United States Army, stationed at Fort Brown, passed from the border of Mexico and is alleged in many portions of Texa.s, gave his testimony before the committee, March 1, 1876, and this conn try; the same charge absolutely proven to be false by Gen­ states that he bas served three years and six months on the frontier, and eral Ord, commanding the department; by Captain Cor~in, command- 1877. CONGRESSIONAL RECORD-SENATE. 391 ing one of the posts on the border; by Hon. Hamilton Fish, Sec­ and perhaps one or two others that l1ave the same privileges. Goods retary of State; by the able and distinguished House committee can be carried to either one of these towns free of duty. They pay whose duty it was to investigate the whole facts, and who made this no import duties within that belt to anybody. The goods are deliv­ report. ered to the merchants and put into their stores in these named places "Indeed, the charge is improbable on tho face, from tho fact that Mexico, near and they have a right to Rell those goods to whomsoever they please. tho border, holds out no temptation to plunrlorers from this side, while the reverse It is true the law goes on and says that if they take t.hem out of the is the ca.':l6 in r6_!!pect to baits in Texas for Mexicans." free belt for consumption elsewhere they must pay the duty before Thus speaks the Secretary of State. croRsin~ the lin~. Bnt when the merchant sells the goods to his cus­ tomer the merchant is under no obligation to inquire of that cus­ The proof- tomer where he is ~oing to take the goods; the result of which is Say the committee- that within the limits of the free belt are congregated, besides mur­ hAs been challenged in. vain. With the continued charges made and reiterated by derers and catt.le-thieves, smugglers from every country, men without the Mexicans not a single special ca.se.has ever been stated. visible means of eristence. No, sir; notwithstanding the call for the proof, not a single special The attention of the :Mexican government has again and again been case wa.s stated, nor can be. callerl by the State Department to that matter, and so far back as If this testimony is not sufficient to convince_, it is vain to submit the 4th pf December, 1871, President Grant called the attention of evidence. I have shown conclusively that the murders, robberies, Congress to the condition of affairs on the border in his annual mes­ arsons, jail-brea.kings, release of prisoners confined for crime, capture sage of that date, in which he uses this language: of a town and the murder of some of its citizens, the holding under The Republic of Mexico has not yet repealed tho very objectionable laws estab­ the Mexican fla~ by an armed band of Mexican desperadoes of a por­ lishing what is known as tho "free zone" on tho frontier of the United States. tion of the territory of tho United States, have been committed by It is hoped that this may yet be dono, and also that more stringent measures may Mexican citizens on American soil; that the honor of our flag has be taken by that republic 'for restraining lawless persons on its frontiers. I hopo not been vindicated ; that ob~dience and protection have been widely that Mexico, by its own aetion, will soon relieve this Go vornment of the difficulties apart. I have shown further that not a single instance of counter­ experienced from these causes. · raiding by our people, on Mexico, has been shown or attempted. I What was the answer! Yon may take np the papers of the city charge further that American citizens (not of Mexican origin) have of Mexico of that date, take up the paper called the Nineteenth been driven to the towns as the only security for life, abundantly Century, (Si~1o XIX,) or the Diario, the official paper of the govern­ proven in this manuscript lying before me. I charge that the profit­ ment of Mexico, and you will find argument after argument by most able business of stock-raising has been severely crippled, and in places able and distinguished lawyers of Mexico directed to that portion of broken up, by these raids within the country lying between the the President's message to which I have referred, and endeavoring Nueces and Rio Grande. I charge that such is the terror which these to overthrow the char~es made by the President that that was dan­ J.)()Ople inspire over the cattle-herders and ranchmen on the Texas gerous to peace and qmet alon~ the frontier of the United States. It ·side, who are mainly of Mexican blood, that it is difficult to obtain exist-s to-day. This zona Zibre IS a matter of necessity with the cen­ warning of raids or information of any kind concerning these raids, tral government of Merico. It was put there, in my judgment, be­ and that in numbers of instances, when information has been given, cause the central government, really having no power over the out­ the witnesses were marked and soon murdered. And I aver that each lying states, desired to throw out a bait to secure t.he action of ·and every charge here is abundantly sustained by the evidence in Tamaulipas to aid the central government; second, to destroy the documents accessible to the Senate. And up to this time we have commerce along our border on the side of the United States, and it had neither indemnity for the past nor security for the future. ha.s had a fearful effect on our border in that direction, greatly lessen­ Now, Mr. President, I have truthfully gone over the history of our ing the commercial importance of our border towns ; and third, and border troubles running throu~h a period of eighteen years. Is there last, the eff~ct (whether designed or not) has been to herd together a remedy f Sir, it is jdle to talk about treaties. From the organiza­ in that belt, six leagues or about seventeen miles in width and about tion of Mexico under her constitutional form of government in 1824 three hundred miles long np and down the river, a population the down to this present hour, more than half a century, I make the most pestiferous that ever cursed the earth; and this population, statement that but one man ever duly elected President of the Repub­ having, as all the testimony shows, no visible means of support, lives lic of Mexico served out his full term, Juarez; that during that period by smuggling and by cattle-stea1ing from the people of Texas; and she has had uearly fifty men claiming to be Presidents of Mexico ; that hence it is that Cortina has no difficulty whatever in organizing a there is a chronic state of revolution in that country ; that the strong­ raid into Texas because he ha-s the best material for his purpose on est man is the one who wins; that " might makes ri~ht ;" and I charge earth right at hand. that the man who is the pretended President of Mexico to-day is a Bearing in mind, Mr. President, the character of this popu1ation usurper, Porfirio Diaz, who unlawfully wrested the power of the cen­ and this long series of outrages perpetrated upon the people of Texas, tral government from the hands of Lerdo who had been lawfully the first question will arise, Why have they not been checked f It elected by the people President of Mexico and duly installed in the is a nat-ural question. I was asked a few days ago by a very intelli­ office. I charge that it requires all the power of the Dia.z government gent gentleman," Why do you not send your militia there and stov to maintain itself in the palace in the capital of Mexico; that he has them f" 'l'alk about keeping a militia on a frontier line for eighteen no power whatever to enforce the law or his orders upon the frontier years! It is not an exceptional and sporadic case of raiding into our of the Rio Grande. country, but it is reduced to an exact science; it is kept up year iu I have proven that in the noted outrage, which occurred only last and year out, and has been kept up thus for all these long years since August, the be.st endeavors on his part to have these men extradited 1858. under the treaty made between the United States Government and The militia cannot stop it, for it would be exceedingly unwise to Mexico by Mr. Corwin, acting on behalf of the United States, and take them for a long period from their iegitimate business. But we Lerdo, acting for Mexico, were unsuccessful. The Mexicans contend must bear in mind that when the compact of union wa.s framed the that under that extradition treaty they are not required to give up States gave up their right to keep armies and navies in time of peace, men, citizens of Mexico, who had committed crimes in the territory and entered into a compact by which this Government obligated and of the United States. That the words of the treaty "not bound to bound itself to provide for t.he common defense. It is therefore not give np" left a discretion to be exercised as to whether or not they for the State to do; for it is not only the territory of the State of would deliver np citizens of their country committing crimes in ours. Texas, but it is the territory of the United States. It is not alone When the de.,mand for these men was made by the extradition com­ the destruction of the 1i ves and property of the people of Texas, but missioner on behalf of Texas, Ron. John C. Russell, he appealed it is an insult to the honor of our flag, and hurtful to free govern­ to the treaty which gave them the power in their discretion and jmlg­ ment. ment to deliver up these men; he appealed to international law and What, then, do we propose to do f Do you expect aid by treaties f the comity of nations and the order of President Diaz to his officent Do yon not know, sir-is there an intelHgent man in the land who to deliver them up. The contemptuous reply of his officers on the does not know that this displaced President, the lawful President of Rio Grande was a resignation, from the governor all the way down. Mexico, Sebastiano Lerdo, is doing all in his power to get back his He could not do it. The time has never been that the President of rights all over Me.xico and along the Rio Grande border f He has the central government con1d control the outlying states, and notably his emissaries endeavoring to organize a revolution to come to his Taman1ipas, with its Zona Libre bordering the Rio Grande, filled own again. Diaz is a nsillper, without lawful power; but, like wise, with smugglers, robbers, cattle thieves, and murderers. saga-cious, educated usurpers in all times and countries, he is emi­ But what else, sir t The condition of Mexican society on the right nently conservative and conciliatory, and endeavors to carry on a bank of the Rio Grande is exceptional, and perhaps there is not just and equitable government; and I have no doubt that he wants within tho broad Hmit.s of civilized nations a more accursed popula­ to do right by our country, but he has not the power to do it. If he tion than that which is assembled on the right bank of the Rio can maintain himself in his p1ace, It is all that he can do. Gra.nde, growing ont of what is termed by their law the zona Zibre, In aduition to this, the emissaries of this man, Cortina, are'along or free zone. the Rio Grande frontier endeavoring to stir up strife, in order that he What is that zo-na libre, Mr. PresidenU In 1859 the Mexican gov­ may come back and be again the bold defender of the so-calledhonor ernment promulgated a law laying off a belt of territory six leagues in of the Mexican people, and resnme his role of murde~:er and robber width-alJont seventeen miles-up and down the Rio Grande about of Texas cattle. And bear in mind, Mr. President, that from the close three hundN,d miles, bounded on the one side by ihe Rio Grande and of the Mexican war down to now those people in the state of Tamau­ on the other by an imaginary line. Within that free belt are sit­ lipas across the line I.Jave been indoctrinated in the belie:i that that uated the trading towns of Reynoso, Matamoras, Camargo, Guerrero, country between the Rio Grande and the Nuece~ is rightfully theirs. 392 CONGRESSIONAL RECORD-SENATE. NovEMBER 14,

I They are taught 1ha.t, and they believe it; and they believe that the there would have been no war with Chief Joseph. These men fear only crime in murder and robbery a.nd cattle-stealing over in Texas power, and it is all they do fear, and yon must manifest that power. is the crime of being caught. · So I say that I for one believe in protecting amply and effectively In this unsettled condition of things, I ask you if a wise govern­ the entjre frontier of the United States and placing a sufficient force ment will not in peace prepare for warT It is said that tbe people of along the frontier to make this protection effective. You must not Texas seek W\lr with Mexico. What o. ridiculous absurdity I The think they are there as they ilro here in the States, where you can people of T-exaa have common sense. Thoy understand their inter­ concentrate to-day, in any city in the country, an army in twelve est as other people understand theirs. With a population flowing into hours, made up of volunteer companies properly armed and equipped. our State annually of three hundred thousand, when the wealth of Each place attaeked must depend on its own strength, and that place the State has been doubled in the last three years, when the next ap­ must be sufficiently strong to render the needed assistance to the portionment for Congress will show bet ;veen fifteen and twenty Rep­ settlements, and every clay and every hour +.his Government fails to resentatives on the floor. of the other House for the State of Texas, I give the frontier protection it is acting in direct and palpable viola­ ask if any wise man in Texas would endeavor to plunge this country tion of its constitutional duties and obligations. into war whereby this great stream of· wealth which is pouring into I do not ask you to increase the Army but I do say put it up to its ou.r State might be diverted into some other channel T It is foolish. lawful standard of twenty-five thousand men. I say yon have got it Texas wants no war. to do because you cannot protect your frontier \'Vithout these men. It is said that we want more territory; that we are anxious to get That portion of onr country of which I have been speaking demands the territory across the Rio Grande. a large portion of these twenty-five thousand, and other portions of Why, M.r. President, the territory of Texas to-day is as large as all tho frontier also demand part, and I shollid be untrue to myself if I New England, all the Middle States, Ohio, illinois: and several thou­ should ask for Texas what I would not be willing to grant to ether sand square miles thrown in for good count. The t erritory of Texas portions of the Union. to-day is. more than one-third of the entire territory of the United Mr. MITCHELL. I should like to ask the Senator from Texas States at the adoption of the Constitution of the United States. whether he thinks twenty-five thousand men would give amplo pro­ What do we want with more territory 'l What we do want is peaee, tection to all the frontier t and an enterprising, energetic, hardy immigration to fill up onr wa.ste Mr. MAXEY. I will endeavor to answer the Senator's question. places and add to the wealth, prosperity, and1 political influence of Mr. MITCHELL. I do not wish to interrupt the Senator. our great State. War will not do .this; peace and protection most Mr. MAXEY. Certainly not. I will answer presently any question. certainly will. The number of the Army now, at its full standard, is tweuty-five Besides, we know that the people over there _nr~ aljens to us in thousand men. .At this extra session we should not propose to cut blood, aliens to us in their social hauits and political education, down or to increase it, but we should fill it up fully and completely aliens in every sense of the word, taught, rear~d, from childhood to to the standard of twenty-five thousand men, leaving the change, if hate the name of Amarican and contemptuously alw·ays call Ameri­ change is needful, to the regular session when we will have more cans by the name" Gringo." What gopd, I ask1 would it do to re­ time for investigation. I was going to observe that I have heard it move the line from the Rio Grande to the Sierra Madre Y It would said that the Army has been used for unlawful purposes. Therefore be simply removing the line of contention, not the cause. We are abolish it! That is the logical conclusion, because if we cut it down too wise to want anything of that kind. We have territory enough for that reason we ought to destroy it entirely. of our own. We are seeking to settle up our own territory, our own Let us see how that is. In two, and only two, administrations, so country, and we want no more. Bot, sir, we have a right to come in, far as I remember, bas that charge e-ver been made: first, during the uot as petitioners asking the charity of the United ~Hates Govern­ administration of Mr. Buchanan, in respect to Kansas matters; and ment, but as one of tho sovereign States of this American Union, and second, during the Administration of President Grant, for sending we say our country has been in va.ded by a foreign people, the lives troops to Louisiana and South Carolina, thischargewas made. Now, of our citizens have been taken from them lawlessly and wantonly, what is the result t The Army went where Grant sent them becauso our property has been destroyed, and under the Constitution of our the reconstruction act, the civil-rights bill, the enforcement act, the <:ommou country we demand protection. It is protection we want, law which I believe tho worst kind of law, authorized the President and if we do not get protection, as it ought t-o come, from this Gov­ of the United States to send them down there; and the Pre;;ident i~ ernment-under the cternallawsof God and thebwof man, the great the Commander-in-Chief of the Army and the Navy of the United law of self-preservation, we will protect ourselves, and if war ensues Stat-es nuder the Constitution. If ho exerci&ad his power arbitrarily it is not our fault. Wt.> ask this Government to give us that protec­ and improperly-and I a.m ono who believes he (lid-then there is a tion to which we arejnstly and coustitutionv.lly entitled, and we ask remedy, an1l o. complete remedy, beginning in the other Honse and nothing moro. ending here. The Army was improperly used; therefore the Army 1'hen, Mr. President, to come to the point as to the necessary force should be abolished! That is the argument. If that proves any­ on the Rio Grande, my position in defense of the frontier and the thing, it prove~ too much. Congress has passed many Jaws that have whole exposed frontier of the United Sta.tes is no new one. I have met with the nni versal execration and condemnation of the. American st-ood up in this Senate Chamber voting sol~tary and alone on this side peoplo; as witness the alien and sedition laws during the time of t.he tn favor of it. Whenever the time comes in my history that I shall elder Adam~, and the laws I have referred to, in one portion of the desert the frontier, whenever 'the time comes that I am not willing Union in later times. Congress has not only done so, but it has been to extend ample protection to the man who lives on the frontier, to decided by the Supreme Court time and again "that Congress has ]1is wife and his children, then my usefulness will be gone forever. passed laws in contravention of the Constitution." Congress has Sir, when the time comes in these days of reform, and retrenchment, done wrong; therefore abolish Congress I 'The President of the United and economy, when I shall put the blood of tho frontiersmen and their States, according to this theory, has in the two instances which I have wives and children ( whethec those frontiersmen be on the Mexican named, and in another most notable instance, where the Supreme border of.Texas or anywhere along the line clear up to the extreme Court of the United States, speaking through the late Justice DAVIS, porthweetern settlements)-whenever I shall put the blood of these now an honored member of this body, told the great and lamented men who ma~e States, because they do make them, or the blood of Lincoln that his proclamation authorizing tho formation of a civil their wives or of their children, in the scale on the one side and put commission in the State of Indiana in time of peace, for the trial of the nickel in on the other, then I should emigrate from Texas. No, citizens not in the Army or Navy, was unconst.itutional, null, and sir. I have said here, n.nd I repeat again, "millions for defense, not void. The President violated the Constitution ; therefore abolish the pne cent for tribute." No man believes more in wise economy than I Presidency I All honor t-o the Supreme Court for its manly defense of do, and true economy .tells us that in dealing with Mexicans and In­ the Constitution in times.of peril. . • dians, who respect nothing but visible physical power, place enough Well, sir, there are a great many others who believe that the Su­ of that power in sight, overawe them and thus prevent war, and thus preme Court has not paid tha.t strict attention to the Jaw and the save bot.h precious blood and money as well. Any other course is fact in every instance that should have been paid; therefore, abol­ penny wise and pound foolish. ish your Supreme Court. What have you got leftY It will not I say that it is the bounden duty of this Goven1ment to give us that do to rely on the Navy, for I believe that would be an that would be protection along .the frontier which is effective, not a mere attenu­ left, for they have been investigating that for years. That is the ated line, such aa we have had for many years; for let me tell you charaeter of this argument. If it proves anything it proves too much. that the only thing a Mexican fears is physical power manifested, In the course of nearly a century under a constitutional Government, made visible. He cares nothing for your treaties ; ho does not believe in two isolated instances, the. Army has been unwisely and improp­ in the power of the United States Government, because he has never erly used, and it is the universal law of right reason, that it will seen it. Yon may talk to him about its great power, but the Mexi­ not do to draw ~eneral and hasty conclusions from exceptional cases. cans believe in their hearts that to-day they are able to whip the But the cause 1s to-day removed. There is, so far as I know, no­ United States. We have had nothing but a weak, attenuated line where iu the broad limits of this Union any people under the regis of along that border; and but a few days a~o, when raiders came over our flag that are qverawed by the military arm; but the President is into. our country, General Ord, commanding, was compelled not to doing his constitutional duty. The troops who were once east ofthe follow, because he had no force to follow them across the line. What­ Mississippi River, where they ought not to have been, are to-day on ever number ma.y be necessary, be it five thousand men or ten thousand the frontier, wbero they ought to ue, aml if any be left they should men, to protect the frontier, I say I will vote the requisite number; go there, except enough to take care of public property. Mr. Presi­ and I say moro, that had the Indian frontier been protected properly, dent, yon hear the cry-all along the Mexican and Indian borders, com­ as it oug~t to have been, there would bavo been no massa~r~ of Cus­ ing np all along that extended line, "Give us protection;" and I ter and his men, there would have boon no escape of S1ttmg Bull, say to you that it is wise ecouomy to do so. It is wise economy to· 1877. -CONGRESSIONAL RECORD--~SENATK 393 . . give ample and complete protection; and it is foolish nnwisdom to Representatives, of which Ron. GusTAVE SciiLEICJmR, the immediate cut the Army down to such a. small amount that they cannot afford and direct representative of this country of which I am now speak­ effectual protection. It is because of that you havo had your Sitting ing, was the chairman. That report. is signed: GuSTAVE SCHLEICHER, Bull war, and the massacre of Custer and his men. It is because of A. S. WILLIAMS, N. P. BANKS, S. A. Hurlbut; Ron. L. Q. C. LAMAR, a incomplete defense, of insufficient protection, that you have had member of the committee, having been absent on account of sickness. your Chief Joseph war. It is becauSie of insufficient protection that That report is founded on sworn testimony, the testimony of wit­ the people of Texas have lost millions upon miJiions of dollars of their nesses summoned toWashington, not obscure men, not men of doubt­ property by the Mexican raids, and hundreds of the lives of their ful repntn.tion and veracity, but men who stand the peers of any in people. the land for all that enters into the composition of trne mon. This Let the United States Government discharge its constitutional report recommends to the Congress of the United States th_e adoption ftuty and place upon the frontier of the Rio Grande country a for.;e of the following resolution : adequate to complet-e protection, and let us not measure by dollars R.uolved, Th:tt for tha pnrpose of pvtn~ efficient pTotection to the conntry what that force is. In like manner all along the- entire Indian line, between the Rio Grande and NnooCR R1ver, m the State of Texas, from the cattlH­ wherever they are needed for protection of the frontiersmen, their thioveA, robbers, and murderers from tbo Mexican 8ide of the river, the President of tho United States be, and hereby is, authorized and required to station and keep on wives and their children, give amJ?le protection from the tomahawk the Rio Grande, from the month of that river to tho northern bonndaryof the State of the savage; place that protectiOn which is needed. And who, I of Tamaulipa.s, nbove L3redo, twe regiments of cavalry, for field service, in addi­ ask, here in civil life is so well versed in military affairs aa to say tion h> snch infantry force a.s may be necessary-for garrison duty, a.:r;rd to a-ssign that the General commanding the armies dpes not know what he is roorntts to saicl regiments so as to fill each troop to number one bnndred privates, aml they shall be kept up to that strength as long a.s they shall be rcqnired in that talking about when he recommends that the Army be kept up to service. twenty-five thousand men. Who taught them sof When did they SEC. 2. That in view of tho inability of the national government of Mexico to become so wise f Who can tell us that the•Secretary of War is prevent the inroads of lawless parties from Me::riean soil into Texas, tl.Je President 1s hereby authorized, whenever in his judgment it shall be necessary for the pro­ mistaken, and that it ought not to be done 'f Who can deny the tes­ tection of the rights of American citizens on •the Texas frontier abO\--e described, timony which I have introduced respecting my own people f Who to order the troops when in close purnuit of the robbers with their booty to cross wants United States troops in the States not subject to incursions f the Rio Grande, Md use such meanf! as they may find nocessar,Y for recovering the What State is so imbecile that it cannot by wise laws and a. prn­ stolen property, and checking the raids, suarding, 110wever, ill all cases against Uont and firm governor protect itself with its own militia from in­ anynnnecc-ssary ~nry to peaceable inhabitants of Mexico. eurrection 'f This resolution was unanimously reported. There were six dis­ 1: have therefore asked in the resolution that the posts-and there tinguished men, members of that committee, three of them republic­ ore four there now, but they average over a hundred miles apart­ ans and three democrats. They heard the testimony. They had along that line be strengthened and additional posts added and a before them General Ord, commanding the Department of Texas. Mmplete defensive command placed upon the frontier to render to They had General Hatch, in command at Brow118ville. They bad the people on the border of Texas that protection which they are many subordinates of every rank. They had State officers of Texas; entitled to under the Constitution. Do that, sir, and this country they bad citizens of high standing before them. They had the testi­ which is to-day a waste between the Nneces and the Rio Graude will mony of men from the Rio Grande country, from Austin westward; again· fill up, will again become the home of the greatest cattle and upon that testimony they baBed the recommendation of the :ranches in all the United States, furnishing not only millions of dol­ resolution that I have just read. They recite that the national Mexi­ lars of wealth to -the people, bnt will be adding that much to the can government is incapn.ble of restraining these raids. They recite common wealth of this Union. It will be doing our duty. whatever it in the resolution as a fact established by the proof before them. may be the result; and if the country: as I stated before, waa worth While I do not mean to read the testimony, I ask permission to quote :n, war for it, it is worth providing for, it is worth protecting. a few extracts in order that Senators may know that it is not an Mr. President, I have now occupied the time of the Senate longer idle clamor thathaB been raised in·Texasupon this question, but that than I had designed. The subject is one which you must all know it is a real ~rievance, not only a real grievance but one which under we of Texas feel a deep interest in. We want protection. We come any other ctvilized government upon the globe would long since have to the place the Constitution telJs us to come and demand it. We invoked all its power in defense of that border. • want no war, but "'"'e do want protection, and by the laws of God and . I ask you, Mr. President, and gentlemen of the Senate, as honest and tnan we have a right to it; and if it is not furnished to us after this conscientious gentlemen anxious to discharge your duty to the Gov­ Cemand made we shall be forced, much as we regret it, to take the ernment of the United States and to all the citizens and people of that protecting power into our own hands, and the consequences -will be Government equally and justly, to get from the Senate document­ upon the Congress which refuses that protection. room and take to your rooms a copy of this report and examine the Mr. COKE. Mr. President, I feel that although my colleague whom conclusions of this committee of eminent n.ud distinguished gentle­ yon havejustheardhaasoably occupied the ground, the interest of the men and the testimony upon which it is baaed. I have ever been sat­ people whom I have the honor in part to represent on this floor forbids isfied that the only thing that was needed to make the cause of Texas that I should be silent upon tho occasion of the etween the Rio Grande and Nueces incurs every ;I'he section of country between the Rio Grande and Nneces River is day, and that he considers llia 'life, a.s a man whose bnsiuess is war, safer than that ns largo as the great State of Ohio. Its population by the census of of any inhabitant of that district. !870 was 27,180. Its exports in 1875, of wool, beef, and stock cattle That is Captain MeN ally, the cemmander of the State troops, while alone were $2,970,000 in gold, and that when only 10 per cent. of its I had the honor to be in the executive chair of the State gf Texas. ()riginal wealth remained undisturbed by thieves and robbers from This is his testimony. He died of disease contracted in that service. Mexico. I a.ssert that, Mr. President, upon the authority of a joint A more heroic soldier never faced an enemy. Tesolution of the Legislature of the Stat-e of Texas, a committee of I refer yon now to what General Ord baa to say on this subject. which body took evidence upon that subject. He has personal knowledge of the condition of things in the section That is the interest here involved ; forty thousand square miles of of country between the Rio Grande and Nueces Rivers in Texas. territory with its population a~d wealth entitled to the protection of Who is General Ord f I have th~ pleasure of his personal acquaint­ the flat; of this Government, entitled -to ''the laat man and the last dollar,' if need be, in its defense; a section of country comprising ter­ ance, and it is unnecessary that I should say to you here that no man ritory sufficient for a first-class State and abounding in all the ele­ whose name is upon the Army Register, who wears the honors and 1 bears the trust of the Government, is better entitled to them than ments of we~.lth-it is that country that we ask you here to-day to E. 0. C. Ord; and if yon ask a citizen of Texas, I care not what his protect. 1'hegrazing.coontry of this continent is between the Neuces politics may be, he will tell you that General Ord is honest and brave, and the Rio Grande; itisthemeat-house:of the Southwest. Your beef is raised there by simply putting the brand upon the calf and allowing a just man and a trne soldier. General Ord in his report says: The most important border difficulties, however, from which the western portion him to eat the nutritious grasses that spring up on every acre of that of this department suffers occur on the lower Rio Grande, where some of the most territory. prominent officers and wealthy merchants of that part of Mexico ba.ve for some Mark yon, Mr. President, the exports. of this country are purely time been regularly engaged in the business of fittin~ out parties to plnnder the tho products of the stock-raiser. Their stock grow and live upon stock-ranches on this side of the river, where, as was to be expected from the Americans, there was a disposition not to submit to be plundered. Citizens who gra-ss; they require no labor except to see them once a year perhaps. appeared or gave information against the raiders were murdered. Shortly after I Everything that is asked by the people who inhabit this country is took command of the department, I received reports of the murder, in open day­ to keep foreign marauders and invaders from depredating upon them ligl.:tt, of several prominent citizens (one of them a United States collector, another and upon the1r flocks and herds so peculiarly exposed when roaming a United State&_ postmaster) and the robbing of their premises; also of an o.ttack upon and the killing of two of a patrol of soldiere; all done by some of the armed upon the broad plains of that emmtry. bands of Mexicans who, it was reported, were continually running large herds of -1 hold in my hand a report made by a committee of the Honse of Amci.ican stock aero~ into Mexico. To such a degree were the few American in- 394 CONGRESSIONAL RECORD-SENATE. NOVEMBER 14, habitants of the counties bordering on Mexico intimidated by the fre9.uent murders given, there will soon be not enough left to remind tho stock-raiser of hiR once and threats against Americans generally, by these raiders and therr friends and Eo~c:~~ b:ae:A~· and of the almost countless herds which bnt a short time since allies among the large population of va~t Mexicans on our side of tho river, that they, with the exception of one family, left the country and fled to the towns. Here the Legislature of the State of Texas sends information to the Here is the statement of General Ord that in that section of country Congress of the United States that 90 per cent. of the wealth of this of forty thousand square miles every American resident had for his great section of country which I have described t.o you has been life abandoned his property and fle(l for safety to two or three towns destroyed, has been utterly destroyed. I ask your attention further to on the border of the Rio Grande. This is General Ord who is speak­ the resolution and memorial of the constitutional convention of the ing: State of Texas, calling the notice of Congress to the condition of the Throughout the valley of the Rio Grande, from the month for a. distance of Texas frontiers. I will not trouble the Senate with reading this me­ two hundred miles up the river, and for a hundred anrl forty miles back from it, morial, but ask that it go with t.he joint resolution I have just read crops and herds have been abandoned ; people dared not travel except in armed parties; civil law outside of the towns was suspended, and sheriffs and judges re· from and be appended to my remarks. ported to me that it was unsafe to attempt to execute processes of law outside of I desire that the people of this country shall know the fact.s. I tho towns, unless the officers of the law were accompanied by soldiers to protect. desire that Maine, and New Hampshire, and New York, and 1\Iassa.­ them. Under these circumstances the governor of the State applied through me, chusetts, and Vermont, as well as Virginia, and South Carolina, and and directQ-, for a. sufficient Uniter for an escort; and the Catholic bishop when he visited his people asked The people of this Union do not know them ; they do not know these mo for a military escort. The county judge ~oing from one town to another ro­ to be fad.s. I invoke the attention of the Senate to these reports, q_uested a military escort. It was unsafe outside of t.he towns, and it was impos­ made by honorable men of the other House, and to their conclusions Sible to execute the laws at all. That was at tho timo previous to Cortina's arrest, drawn from sworn testimony. and it will become so again on his return. The country was entirely in possession of the cattle-raiders. But again, I have spoken only of the question of values. Of late years the values have been lost sight of. We have ceased to think That is territory const.itutionally entitled to the protection of this of values in the paramount consideration of the blood of our people Government. Yet you are told by one of the most gallant officers of that has been shed on that border. For this evidence and this testi­ the Government that that country was in possession of the .Moxican mony we are indebted to Hon. GuSTAVE SCHLEICHER, of the House raiders. He says further : of Representatives. Here are seven pages, in the fiuest o~ type, the And my force was entirely inadequate to check them or to drive them out of the conciseitof language, the shortest of statements, containing the names country. They have always taken precautions to cover their movements and to of meu, women, and children who have been murdered and wounded keep tlie information of their raids from spreading. As I mentioned beforo. where thoy discovered that information had been given of their movements they mur­ upon that border. Here they are ; anybody can see them ; and they dered the man who sent it and the boy who took it. are only such as could be enumerated from the testimony of the few That, Mr. President and Senators, is a part of our territory. It is a men who could be gotten to Washington City before that committee part of the territory which Texas alone and unaided achieved a ri~ht as witne&>es and such others as written affidavits could be gotten from to in 1836, when she re1ied upon herself, when she did not look to the by mail. I turn to other pages, and find a statement prepared by tho 1la.::; of this Government for the maintenance of her rights and honor, citizens of Brownsville, upon the Rio Grande, enumerating aucl con­ ana which her sons maintained her title to with the sword. That taining a great many more instances of outrage at the hands of very territory between tho Nueces and tho Rio Grande wa.s taken Mexicans. and kept and held by the Republic of Texas. Her jurisdiction over Mr. MAXEY. A statement of the best people there. it was never disputed until after annexation to the United States. Mr. COKE. A statement of the best people there. The very best She expelled from her borders and beyond the Rio Grande intruders people in Texas certified to them. upon it and maintained her ri~ht by the force of arms. But that Mr. President and Senators, the immediate occasion of the resolu­ territory since 1865 has been overrun, has been plundered, has been tion now before this body grows out of a call on the President for despoiled, so that but 10 per cent. of its original wealth remains un­ information with respect to a raid on Rio Grande City, and a jail de­ touched and hundreds of the people have been murdered. livery there by Mexican robbers on the 12th of August last. I will read Mr. MAXEY. I would ask permission of mycoll~agne to read from to you a letter written by a gentleman of Rio Grande City, in reply the message of President Grant presented at the first session of the to one from General O~d, asking information ou this subject : :Forty-fourth Congress: Rio GruJmE CITY, June 8, 1875. Depredations by armed ba"nds from Mexico on the people of Texas near the front­ GE~RAL: I have the honor to acknowledge the receipt of your letter of intor. ier continue. Though the main object of these incursions is robbery, they fre. rogatories, dated at San Antonio, Toxas, May 25, 1875 in relation to the affairs on qnently result in the murder of unarmed and peaceably disposed persons, and in the Rio Grande. In answer, have to say: I havo resided at Rio Grande City, Starr some instances even the United States post-offices and mail communications have County, since 1848. From 1848 up to H:l59 armed bands of marauders eros (}d from been attacked. Renewed remonstrances upon this subject have been a

by Mexican marauders. I ru!k if there is any Senator in this body timony of the good faith of Texas in presenting her claims for llro­ who doubts as to the truth of the allegations that have been made of tection here, that about $1,300,000 since 1865 have been expended by tbe insecurity of life and property and the depredations upon both the State of Texas in arming, equipping, and maintaining troops upon that have been wrought by these marauders from Mexico f If there her border for the defense of her people against Mexican and Indian is a gentleman who doubts it I ask him ta state his doubt. I chal­ raids; and the demand for reimbursement is pending here now and lenge him to produce a single scintilla of proof and I will bring to will be urged as a just claim against this Government, because the sustain the affirmative of the issue the testimony of every Federal Government is constitutionally bound to afford to the people of these officer who has served in the State of Texas in the Army or in the United States and to each State protection against invasion, and when civil-customs service since 1865-General C. C. Augur, than whom a a State is left to take care of herself, as Texas has been, it should at more gallant and true soldier does not live, General E. 0. C. Ord, least refnnd the money expended fof that purpose. I have only to General Potter, now here at the Soldiers' Home in this city, trans­ cite the sworn testimony of the most worthy officials of the Govern­ ferred from Brownsville, Texas, an honored soldier of the Army of ment of the United States to prove that Texas has been invaded con­ the United States. I refer to both general and subordinate officers. tinually since 1865. I find another letter on this report from General I refer to the messages to the Legislatures of Texas by the governors Ord, from which I take the following : since 1865. I refer to the resolutions which have been passed by every Having examined the country and visited many of the ranches and places Legislature that has convened since 1865 and to the resolution of the named, r find, from best sources of information, that the within statementtl are constitutional convention of 1875. I refer to the concurrent te~ti­ generally reliable- mony of all the citizens, of every man who bas spoken with refereuce That is, the affidavits, letters &c.! a few of which I have read, to the condition of that country. I call upon them all, and I chal­ which were forwarded to 'the War Department and. submitted by lenge contradiction when I say that that section of country has been the War Department to the committee who made the report, and overrun, bas been despoiled, and that its wealth has been stripped which with a IIL:'\88 of other testimony accompanies the report. from it, its people murdered, and in some instances its women vio­ He continues: · lated, and children taken away. That section of conntry since 1658 And that while there are quite a number of useful a.nd pe.'\Ceable Mexicans has been more scourged than any portion of France under the ad­ settled on the east side of the Rio Grande, like all Mexicans not jente de razon, they submit docilely to any power or force that chooses to override them, so that, vance of the Prussian army during the late European war. There is the conntry being now overridden by the Mflxican raiders, civil authority over­ no portion of the South that was so utterly stripped of its values awed or elected by peon~ in their interest., thtl military powerless for the reason during the recent civil war as has been this conntry between the Rio that, while really it is a time of war and public dan~er, no proclamation to that Grande and the Nneces since 1865 by marauders from Mexico. Does effect has been made by the President, and the aforesmd civil authority (Mexican) is paramount, and every ,judge and sheriff of the State, knowing tho facts, assured any one doubt it f I will refer to another report which speaks on me it was impossible to oonvict any raider, murderer, or offender who may be this subject. There was a commission formed by a joint resolution connected with or under the protection of the raider bands. of Congress in 1872 to investigate these depredations in. the country The circumstances are almost identical with the piracies on our commerce once of which I speak. The President of the United States was authorized commit.ted by the Algerians, who fled in safety with their prizes to their own port.-1. There the offenses were committed on the or.eu seas ; here they are committed wi t.h to name three commissioners to go to the country and look into the the same Aase and ~ttrocities, on the open p ains. In both cases the pirates found matter. They went upon the ground. Let me read yon a portion of a ready sale for their captures in tbe ports where their expeditions were fitted out, their report : namel.v, Algiers and Tripoli, for the Moors, and Matamoras. Reynosa, Camar~ro Mier, and Guerera, for the Mexicans, and in both cases the pirates were rewarded The commissioners feel fully warranted in expressing the opinion tha.t for years by promotion. The leader of the band that murdered Lovell in .May last, and plun­ past, especially since 1866, and even before, armed bands of Mexicans have con­ dered the custom-house at Carizo, is now captain of tho gwud at .Mier. tinually employed the safe refuge of an adjoinin~ territory and the favorable river frontier to cross from Mexico into Ttlxas, in stron~ parties, collect and drive away An honored Mexican official f into Mexico unnumbered herds of cattle from this rogion. These thieves have, with astonisbina boldness, penetrated at times one hundred miles an1l even farther s~l::'"e to ask that these papers R-nd this letter be referred to the Sooret.:try of into Texas, and by day and ni~ht have carried on this wholesale plundering, employ­ Very respectfully, your obedient servant, ingforceandintimidationinallcaseswhereresistance.orremonstrancewasmetwith. . E. 0. C. ORD, Confederates living along the banks of the river have been used in this nefarious Brigadier-General, United States .Army, Commanding. trade, while honest residents ha'"e been forcetl to keep silence or flee. .ADJUTA..""T-GENERAL UNITED !STATES .ARMY, . The Mexican bank of the Rio Grande (Bravo) is occupied by numbersofranches, Washington, D. 0. furnishing a convenient rendezvous for these marnudel'!!. whence they catTy on openly t.heir operations, often le.·uling to confticta. Pursuit to the river bank in Ca.n any one doubt when such men as these speak f I have not many cases has been mocked at, the ineffectual efforts of customs officers and in­ spectors have been jeered at, and this region made to suffer from the continual taken the testimony of any obscure man to vex this body with; but scourg" of these thieves. Tl!e but-chers of the frontier Mexican towns, the stock-deal­ here are a great number of depositions made by men who are known ers, and in many ~es, the beads of the various ranches on the Mexican side have among the people, and who are as honest and true a-s men can be. I participated in the profits, encouraged the work, and protected the offenders. The have simply taken the testimony of officials who are trusted, who are Mexican local authorities, as a rule, civil and military, have been cognizant of these outrages, and have (with one or two honorable exceptions)/rotected the of­ under oath, and who speak with a full knowledge of the responsi­ ft!Dders, defeatt'd with technical objections attempts at recovery o the stolen prop­ bilities attaching to what they say. I assume, then, that it will be erty, assisted in maintaining bands of thieves, or directly and openly have dealt believed by this body and by the American people that the section in the plunder or appropriated it to their personal uses. In all caaas coming before of country in the State of Texas between the Rio Grande and the these corrupt officials, thoroughly acquainted by personal and official notification and public notoriety with this serious and continual breach of international rights, Nneces River, commencing at the month of the Rio Grande and run­ they have either protected the criminal and shared with him the property stolen, ning three hundred miles up that stream and extending to theNueces, or else have confessed an inability to check the outl.!l.$es and punish the offenders. bas been overrun, its commerce destroyed, industries paralyzed, and (Executive Document, House of Representatives, J.'iO. 39, Forty-second Congress, a great proportion of its property taken by the strong hand, whilo third session.} hundreds of the inhabitants have been cruelly butchered, and all done There were two sets of commissioners, one appointed in 1872 and the by robbers and cut-throats from Mexico. other in 1875. I ask yon, Mr. President, if it is not strange, if it is Thus, Mr. President, these things are shown to be true. The re­ not wonderfully strange, that in twelve years tbue is no man of au­ ports of Mexican outrages in Texas, which for twelve long years have thority in the State or National Government who has been to that been discredited as the fabrications of designing people for unworthy country who bas not given the very description of these outrages purposes, are established by an overwhelmwg a.rray of testimony to that is given in these reports. A great many of these occurrences be true. . transpired while I was the governor of Texas, and I speak whereof It is also from the same testimony seen that since 1865 the depre­ I know when I say that at one time during my administration there dations upon that country have been continuous, that they have . was imminent danger that every American upon that border would never ceased, and the transactions ·at Rio Grande City of the 12th of be assa-ssinated. To escape assassination the people surrendered August last will convince the Senate and the conntry that this pred­ everything, crops, herds, and that too onder the very shadow of the atory war still continues, and that the condition on the Rio Grande flag of the United States, and fled to the towns for safety. These is a standing menace to the lives of tho American citizens on that reports are true. They are true, and they are substantiated by testi­ border; that the time when General Ord certifies in his testimony mony that no man can gainsay. They enumerate the outrages, the that the conn try is in possession of these raiders from Mexico ha.s not men and women killed and wounded, the robberies committed; they become yet a thing of the past, and if not now an existing reality, give you the testimony of General Ord and General Augur, the two that the danger of its being so again is imminent. These facts I desire generals who have commanded in Texaa, whose testimony is full to impress upon the Senate and the country. upon every point, besides that of a great number of other witnesses. It has been represented that Texas wanted war. It has been said to I ask that these reports be given the credit that is due to them. me a number of times in this Hall, "Yon Texans are trying to rush If it should cross the mind of any Senator that these depreda­ us into a war on the Rio Grande; yon want to get up a fight to make tions perhaps will cease now, I recall you to the letter that I read money out of it." In answer to that suggestion I call gentlemen to from Rio Grande City, dated June 8,1875, giving the names of twenty­ the record ; I call them to the facts; I call them to the sworn testi­ six men who have been killed in that county by these marauders, mony; I call them to ·the representations of honorable men and offi­ and stating that two hundred thousand head of cattle bad been driven cers, State and Federal, ch·il and military. We want no war in from Texas. I ask you to remember t bat that is the very county. Texas. The life of Texas has been a stormy one. In 1836 she into which the raid waa made, on the 12th of August last, the jail achieved her independence through a baptism of fire and blood. In broken open, the county attorney and thejailer and his wife shot, 1845 she ranged herself onder the flag of the United States, and in prisoners liberated, and whence the malefactors returned to Mexico, the. war·with Mexico, which grew out of annexation, wherever the pursued to the banks of the Rio Grande by United States troops. fight was thickest her hosts were found. Her sons died upon every These outrages have been occurring every day since 1865. I cfl.ll battle-field of the great civil war. the attention of Senators to the fact, if they need any additional tea.. We want no more war. We want peace. We have seen enough of 396 CONGRESSIONAL RECORD-SENATE. NOVEMBER 14, fields of carnage and of the desolations of war. We want peace; we and oppress citizens of another power, that other power is jnstifie(l want commerce; we want trade; we want recuperation; we want when it comes to that conclusion, in refusing to deliver. But in tbe development. The clash of arms is no music to our ears. We have Rio Grande City case there is no pretense that tho parties are not forborne upon the Mexican border. Texas has forborne. guilty; on the contrary, their guilt is expressly admitted. 1\Ir. President, it is an easy thing for one to summon a great deal What would another treaty embodying this principle of interna­ of philosophy to his aid in bearing the ills and woes of others. Texas tional law avail7 when the principle is recognized as of binding has borne her own, and the other States of the Union .have not felt force among the civilized nations of the earth independent of any them• . She asks her sister States now not to waste all their charity treaty, and is disre.~a.rcied by Mexico, or rather by the extradition upon her despoilers, but to dispense some of it at home. authorities of the Mexican state of Tamanlipasl The national Mex­ We have no complaints to make; but we do ask if forbearance is ican authorities make treaties, but the agents who are supposed to as great a virtue now as it was twelve or fifteen years ago, for Texas execute them are the local state authorities on the frontier. bas suffered sorely for that length of time ; we ask if forbearance The judges at Matamoras, at Camargo, and at other towns on the has not ceased to be a virtue, at least so far as the wrongs of the Rio Grande, are elected by a rabble, a felon rabble7 maintained in despoiled and robbed and murdered people on our border are con­ office by a criminallazn.roni, and dominated by a community of free­ cerned. We ask it of this Congress; we ask it of the American peo­ booters, who live by the lance and the spur. '.rhese are the judges to ple. As to our suffering since 1865, we are willing to shut the month whom, forsooth, we must look for the extradition of their criminal of every man, woman, and child in the South, except the officers of constituents wbo inva-de our country I I n&e strong l::l.ngnage, but tile the Federal Government, the military themselves, and rest.the issue testimony justifies it. I quote the language of tho congressional report on their testimony. so often referred to : :Forbearance is no longer a Christian virtue in this matter. The When we now look upon the fearlnl history of rapine, murder, and wholesalo honor of this country, the honor of the flag which floats over this robbery which from that day to this present elate has desolater, no lea.s than constitutional justice to President Diaz did order the delivery of the Rio Grande city crim­ Texas, demands it, while the prestige and respectability of American inals. His officers were forced by public opinion to resign. Tho citizenship require it. Let it be known that to be an American citizen state authorities of Tamaulipa-s, acting as extradition agents, as offi­ is to invoke the power of the Government in his behalf against spo­ cers on the borderalwaysdo, amenable only, as they contend, to Mexi­ liation from abroad as well as wrong at home. That is all we ask, can federal ~uthority, refused to execute the treaty. We have this and surely it is not more than we are entitled to nor less than a just state of ca-se, then: we have a treaty with tho national 1\fexicau Government will grant. government which cannot be enforced; and, on a.cconnt of the cx­ As my colleague showed a w bile ago, Texas is fanl tless; she is blame­ ce~sive magna.tlimity of the Government of the United States, its ex­ less; not a single raid has ever been made from Texas on the other side. treme patience a.nd forbearance-if this alone be relied on-the peo­ I assert that to be a fact. The proof is in this volume from which ple of Texas must continue to suffer in future a-s they have done in I have quoted. Secretary Fish, in his correspondence with the Mex­ the past. I make no opposition to another treaty with Mexico which ican authorities7challenged the production of an instance. '!'here are may be deemed more efficacious than th~ existing one; I only protest thickly populated t~ettlements on the other side of the river. 'l'he against a. reliance on any sort of treaty alone for relief. people have but little to live on, no agriculture scarcely7 and but I have laid the facts before this body that the country may know little stock. A large proportion of them on and near the river live them, in order that we may have peace, in order that no more shams, by theft and robbery. Our people have been the victims. 'l'hey are tl.Jat no more promises made to be broken shall be made7 but that tl1e too busy trying t.o take care of themselves to go on the other side of strong right arm of this Government may,be interposed between my the river, and the truth is that no raid has been made from the Texas people and the foreign bandits who have made war upon them. side. None can be alleged. Treaties rate men. Even the rulers ma.ko little or no effort to prevent 1.radition7 resign. What then T Shall we try to get up another treaty f their committing offenses against tho United States, as it woulLI probably destroy When we can make a treaty which will execute itself without the their popularity ii they did anu would mako them odious to tho majority of tho intervention of men to execute it, it will do very well; but as long people. For tho same reason- tho facility for Cl'OSsing the river and for escape to as Mexicans have to interpret and to execute treaties, what confi­ tho United States-tho .Mexican troops, who are generally enlisted just as sailu1·s usod to be in England, by a sort of press:~a.ng system, tako advantage of the oppor· dence can we have in such an expedient under such a government f tunity afforded them when broughtnortn to the Rio Grando border, and desert to Take the experience of the recent past and it will dispel the delusion tho l1nited States. that any one may labor under that any justice or security is t.o be Hear also the distinguished committee who make this report on expected from that source. What is that experience f When these this point: criminals from Mexico went to Rio Grande City, broke open the jail, • .All statements agree that the authority of the national government of Mexico on took the prisoners and carrie

in full opemtion. It: has always been materially injurious to honest traffic, for it against aggressions from neighboring States.or people, except upon operates as an inc(•ntive to trailers in Mexico to supply without customs charges the wants of inhabitants on this side the line, and prevents the same wants from the promise and performance of the great duty towttrds itself, which being supplied by merchants of the United State, thereby to a considerable extent all nations owe each ot.hcr, of so governing their people as that they defrauding our revenue and checking honest commercial enterprise. shall not depredate or make war upon other nations or any of their Mr. COKE. There is the zon4 lib1·e, the nest and nurturing-place, people or territory. the home and residence of thieves and robbers and smugglers, created The principles and courtesies of international law have never been right upon our border, with a narrow, fordable river-line between carried to the romantic e~nt of surrendering the great natural · that and our side, where upon forty thousand square miles of terri­ right of self-defense against the constant infliction of serious, perma­ tory cattle and sheep and horses and all manner of stock of Texas nent and wrongful injury upon the people of one nation by those of citizens roam at will and pleasure, exposed to whoever will depredate another, although the attacks may be unauthorized by the gov~rn­ on them. Why, Mr. Presi(lent, to create the zona libre there was to ment of the country from which they come. place the wolf within the sheep-fold. The character and atrocity of the predatory war which has been The government of Mexico planted the germ right there, and from waged against Texas, the great length of time which it has continued, it has grown the tree that has thrown upon us the bitter fruit of the the admitted complicity with the brigands of many of the local offi­ last twelve years from the other side of the river. Talk about the cials of the Mexican border states, and the acknowledged impotency JJationalgovernmentofMexicol Nothing can be more impotent. They of the central government to control these border authorities and care nothing for it on that frontier; they defy it. The president who people, leaves this Government free to choose its mode of defense, so is bold enough to contravene tho desire of these robbers and thieves far as Mexico is concerned, and determineR its constitutional duty is defied. If his officers remain loyal tltey resign, his army deserts, toward Texas to be to pursue that mode which will be most prompt and that is the end of it. and efficient, regardless of consequences. Outrages upon American. What safety, what security is there for the people of Texas if intere&ts and honor upon this border have been permitted, until, em­ treaties are not observed and enforced t Remember that the very boldened by impunity, construing the indifference, or charity, or mag­ men in this free belt, put in office by the robber chief Cortina and nanimity, or whatever motive it may be, of the Government into his retainers and maintained there by force and fear, constitute the cowardice, the deluded people west of the Rio Grande have become extradition agents of the Mexican government. What are treaties defiant and t.hreatening. A little firmness a few years ago would worth under the administration of such officers' It will be shown have prev:entefl this and settled the whole trouble. As matt-ers stand to yon by the papers when they come from the President that the now the trouble is growing each day in magnitude and importance, governor of T('xas recently demanded five men who had killed citi­ and we are drifting surely under the inactive policy of the Govern-. ~ens of Texas in Duval and Hidalgo Counties and bad been indicted ment into war. Nothing can avert this result, except to take hold for it. He made a demand upon the authorities at Matamoras. They at once of the question and ileal with it with energy and inexorable were arrested; the men were put in jail; but the judge would not firmness. Diplomatic negotiation will do in its place, but with the . give them up, he said, unless our extradition agent proved that they horde of robbers on the Lower Rio Grande we can have no agreement, were citizens of Texas. ''Very well," said our agent, "let me see we can have no treaty. They know nothing of moral or national theUl, and I :will have some witnesses here to make the proof." obligation, and respect only superior physical force. '.the execution The judge coolly told him, "No, sir; you cannot see them." He and enforcement pf treaties He wit·h them, and we can look for called upon the officer of Texas, who went there for five criminals not.bing from them. We have to deal with the state of Tamaulipas, duly indicted upon a. regular demand, to prove that the criminals with the robbers and thieves, fostered and congregated by the action were citizens of Texas, and when the officer with his witnesses went of the Mexican government in the zona liln-e; that hive constantly. and asked permission to see the criminals, in order that he might iden­ being· re-enforced by the lawless and criminal element from the inte­ tif"y them,-absolntely the judge told him that he should not see them, rior of Mexico, from which issue the .marauclt~rs who scourge our and the next day the criminals were release{l, He told the officer in border. the same interview that" public sentiment would not allow another I read from the report of the House Committee their conclusions Mexican delive1·ed onder that treaty to the authorities of Texas." from the mass of t.estimony before them : This will be before the Senate ~hen His Excellency sends his commu­ In coming to the manner in which protection can be Jrtven, we mnst state it as nication transmitting the corretJ>ondence requested in the resolution the unanimous opinion of all military men familiar with that border that ~rotcc­ of my colleague. tion can only be complete if tho commanding officer of our troops can, whenever he finds robbeTR ill the act of carrying off their booty, follow them up, oven across It is perfectly clear that a treaty with such people is as valueless tho river, punish or kill them, and retake the property of our citizens. They aro as waste paper, unless supported by a force ready on the ground to u_nauimous in stating that a merely defensive policy would give imperfect protec­ compel its execution and to punish its infraction. tio_n, oven if a. lar~o force were maintained thore at great expense. The river is We come he1·e us citizens of this Republic, as men ready to dis­ skirted by a belt of from fifteen to twentv fivo miles of nn impenetrable thicket, crossed bl narrow paths, kuowlt to the inhabitants and the robbers. The robbers charge all of our duties, ready to uphold the right, helping to fill the ~n pass m a short distance from the troops without bein~ observed, and cannot bo purse of the Government, and doing all that falls to our share in mtercepted or followed except on these paths. General Sheridan and General Ortl, . maintaining it. We show you that we are robbed, our country de­ as well as Captain McNally, gave it as their opinion that a force of ton thouSo'\ntl men, without power to follow the robbers and punish them, would afford iua.dc­ spoiled, and our people murdered and plundered. We ask you for qua.te protootion, while a force of twcnty-tivo hundred or even two thousand mov­ protection. Do not tell us to wait, for we have waited through able cavalry, exclusive of garrisons, if permitted to follow up tile raiders when tweh~ e long and dreary·years. caught in committ.in~ their robberies, would soon break up the ~ding. ' The people of Texas, I repeat, do not want war, but if war comes I repeat that the Honse committee adopted unanimously the reso­ from a proper effort of this Government to give them protection the lution which I read in t.he commencementof my remarks, urging the honor of the country demands that in the path of duty this conse­ adoption of a policy by the Government in consonance with the view quence be a~cepted. Wo want pt·otection, and I believe that we can be protected without going to or bringing on war. Give us on the which is expressed here. On page 29 of this report General Ord says: .After examining the country, which I found to be a dcmse thicket along the river, Rio Grande two regiments of cavalry of twelve hundred men each with here and thero narrow paths, or cattle-roads, cut through, (which thicket ex­ with infantry supports, and they will give security to that border tends sometimes twenty or twenty-five miles from the river toward tho open plain,) and renew the life and prosperity of that section of the State. They and from the fact that the grazing country to the north is about the Ramo distance will do this provided the. commander of tho troops in Texas is author­ from tho river from itli mouth for five btmd:red miles np the river, I came to tho conclusion that it was impossible to guard the river banks by a system of.small ized by order from the President to cross the Rio Grande whenever, posts or videttcs, for the reason that the cattle-thieveR can recoive notice from the in his judgment, the proper defense of Texas requires it. Without rural population (who arc nearly all Mexicans) of tho location of the troops. I sat· snch orders and confined to the west bank of the Rio Grande, five isfied myself that the only way to protect the property of the people on tbat front­ times that number of troops will be required. ier, and to prevent these raids, was to cross the river-whenever the troops struck As to the right of this Government to give and have such orders a trail with the prospect of orertaking the cattle-thieT"os. executed, there can be no serious question under the strictest rules of That ~s tho on1y possible remedy for our grievances. Genera18 Sher­ international law. If these Mexican raids into Texas wert} of recent idan and Ord concur in the opinion that ten thousand men would not. date, of irregular occurrence, and of such character as to elude the protect that border unless they ha-d permission to cross the river, and efforts of an ordinarily vigilant and energetic government to suppress, with such permission twenty-1ive hundred. men can protect it. The and such efforts were being made in good faith by the authorities of reason of that will be plain to Senators who will see that we have no Mexico,. I grant that to allow an armed force to pursue even robbers possible mod~ of operating upon these people except by physical for tho purpose of recapturing their booty a-cross the Rio Grande would power. They will not obey the order of the national Mexioan gov­ be a violation of the ri~hts of Mexico and of well-settled principles ernment. They will not permit their local officers to extradite crim· of interna.tionallaw. ·~·he right of the Republic of Mexico to immu­ inals. What must be done f We must make the people there re­ nity for her territory from the incursions of armed forces of the sponsible; that is, when maraude1-s como over on our side we must United States would then be based on a proper discharge of the follow them across to their haunts and punish them and retake our duties of that country to this in repressing thelawlessneSM of its own property; not making war upon peaceable people over there, but let people and preventing and punishing their (\rimes attempted and them know that they shall no longer furnish a refuge to the despoil­ perpetrated against the people of their neighboring E\tate. ers of life and property on this side of the Rio Grande. Nothing less It is because each state or nation bas undertaken to restrain its will give relief. people from making war on the people of its neighbors that the law Mr. President, the facts upon which Texa-s rests her demand on the of nations forbids an armed force from one entering the ten-itory of NationaJ. Government are now before the country. They are preg­ another. The right of immunity grows out of and depends upon the nant with force and with suggestion. It is too late t-o inquire now performance of this duty which each owes to the other. No State why they were allowed to accumulate unnoticed during the long years ha.s surrendered the right. of defense of. its.people in its own way when they were transpiring, although presenteu in every possiule 398 CONGRESSIONAL RECORD-HOUSE. NOVEMBER 14, mode to the attention of Congress and of all the Executive Depart­ of Congress have reported on the subject-one that the proportion should fairly be fixed at 50 per cent.; a second comuiittee reported in favor of the Government's ments of the Government. It is with the present and future that 'Ye paying the entire expenses of the District, and reimbursing itself to the extent of now must deal. The national honor nor the welfare of Texas w1ll a moderate tax on the property of the citizens thereof; the last committee reported permit the further postponement of a stern grappl~g with t~ sub­ a bill involving the payment by the General Government of 40 per cent. of the ex­ ject and a speedy and final settlement of all questions growrng out penses. In view of the fact tha.t the streets and avenues are the property of the United States, (see decision of the Supreme Uourt in the case of Van Ness;) of the of it. Let the consequences be what they may, th~y m?st be mot exemption from taxation of all Government property; of the large expense entailed and met at once, or still greater embarr~ments awa1t us m the early upon our tax-payers in providin_g public- chool accoJ?modations for the c~Udren of future. non-residents and non-tax-payers, and of the exhaustion we are now labonng under · from our efforts to improve and beautify the national capital, we venture to ask Mr. MAXEY. I ask that the resolution take the reference named, that the Government's proportion of the expense be fixed at 50 per cent., and neces­ to the Committee on Military Affairs. sa~ legislation provided therefor. Tho VICE-PRESIDENT. The resolqtion will be referred t.o that The condition of the Potomac River, we humbly represent, now requires imme­ committee. diate attention, both for the '!?reservation of commerce and the health of the resi­ dent population, in which VIew the question becomes a national one, thereupon ARMY APPROPRIATION BILL. depent.ling the health of officers of the United States and representatives of foreign Mr. WINDOM. I ask unanimous consent of the Senate to proceed governments stationed here. The well-established policy of the Government has been to preserve the naviga­ to the con-sideration of the Army appropriation bill. tion of all important rivers, and to remove therefrom such deposits aud accretions . The VICE-PRESIDENT. The Senator from Minnesota, from the as were detrimental to the public health. The Potomac Riveri one of the largest Committee on Appropriations, asks unanimous consent to proceed to and most important in the country, ha.s been overlooked unti its condition lms the consideration of the Army bill. Is there objection f become alike dangerous to health and threatening to navigation ; we therefore ven­ Mr. McDONALD. There has been no printed copy of that bill ture to ask that an appropriation be made at an early date for the improvement of the river. yet furnished to Senators, 1 understand. The rule adopted by the Government of distributing Federal patronage through Mr. WINDOM. The copies were distributed some time ago. I think the several States has resulted in bringing to this city large numbers of persons, the Senator will find one on his desk. male and female, for employment in the different Departments. The frequent changes therein and recent reductions of force have left a large number of these .Mr. McDONALD. With the amendments f persons in our city without means of support or of returning to their respective Mr. WINDOM. With the amendments reported. The bill has been homes, who have become dependent upon the charity of this community, which at printed since it was reported by the committee to the Senate. this time is scarcely, if at all ab~o to take care. of. Its _resident poor. We ~eg_ to Mr. COCKRELL. The bill ·bas just been laid on our desks, and urge this a.s a strong reason. .for liberal appropnations m behalf of our char1taole institutions. . wo have had no opportunity of examining it. I see some changes In conclnsion, your petitioners would refer to their record in the past as a law­ and amendments of importance. abiding and tax-paying community, and express an earnest dtlSire to co-operate Mr. WINDOM. Of course, if any Senator objects, we cannot pro­ with tlie representatives of the General Government in making this the worthy ceed with the bill to-day; but there is a strong desire in the country capital of a great nation. that the appropriation should he made without delay, and I there­ PAYMENT OF CLAIMS. foro ask its consideration for that purpose. Mr. EDEN, by unanimous consent, from the Committee on War Mr. PAD DOCK. I hope the Senator from Missouri will not inter­ Claims, reported a bill (H. R. No. 1487) making appropriations for the pose an objection to taking up the bill. payment of claims reported to Congress, under section_2 of the act ap­ Mr. COCKRELL. I certainly shall not object to taking it up now; proved June 16, 1874, by the Secretary of the Treasury; which was but I have objection to considering ~t now.. I have no object~on ~o read a first and second time, recommitted to the committee, and its being taken up now and then bemg conSldered the first thmg m ordered to be printed. the morning. VICTOR!~~ MOT!'. Mr. WINDOM. I will accept that. Mr. FINLEY, by unanimous consent, introduced a bill (H. R. No. Mr. SARGENT. It will then be the nBfinished busine88 for to­ 1488) granting a pension to Victorine Mott, widow of Peter Mott, late morrow. private in Company I, Fifteenth Regiment Ohio Volunteer Infantry; Mr. WINDOM. That is the best I can do under the circumstances. which was read a first and second time, referred to the Committee on Let it be taken up now and be considered to-morrow morning. Invalid Pensions, and ordered to be printed. Ml'. COCKRELL. I am willing to sit it out to-morrow. I do not want to interpose any objection to the bill that would cause any ROBERT COATES. delay; but I do want time to look at it. Mr. MACKEY, by unanimous consent, submitted the following res­ Mr. HAMLIN. Let the bill be taken up, so as to be the unfinished olution; which was read, and referred to the Committee of Accounts: busineSB. .Resolved, That the Clerk of the House be, and he is hereby, authorized and di· The VICE-PRESIDENT. The bill will be regarded as before the rected to pay out of the contingent fund the sum of $40 to Robert Coates, for serv­ ~)en ate. ices rendered in the cloak-room, by authority of the Doorkeeper, from th~ 6th to Mr. HAMLIN. That being the case, I move that the Senate now the 26th of March, 1877-twen•y days, at $2 a day. proceed to the consideration of executive business. FREDERICK COOK, The motion wa-s agreed to; and the Senate proceeded to the con­ Mr. ELLIS, by unanimous consent, introduced a bill (H. R. No. sideration of executive business. After twenty-one minutes spent in 1489) to authorize the Commissioner of Patents to hear and deter­ executive session the doors were re-opened, and (at three o'clock and mine the application of Frederick Cook; which was read a first and fifty-eight minutes p.m.) the Senate adjourned. second time, referred to the Committee on Patents, and ordered to be printed. RANDALL L. GIDSON. Mr. ELLIS also, by unanimous consent, introduced a ~lution con­ cerning the amount due Randall L. Gibson, contestant in the Forty­ HOUSE OF REPRESENTATIVES. third Congress; which was referred to the Committee of Elections.

WEDNESDAY, November 14, 1877. DEPARTME~'T OF COMMERCE. The House met at twelve o'clock m. Prayer by Rev. DAVID WILLS Mr. PEDDIE. I ask unanimous consent to present a. memorial D. D., of Washington, District of Columbia. from the National Board of Trade, accompanied by a bill for au act The Journal of yesterday was read and approved. to establish a Department of Commerce, and I ask that it be read. The SPEAKER. 'fhe Chair desires to inform the gentleman that JILES B. BOGGESS. the reading would not secure its publication in the RECORD, because On motion of Mr. THROCKMORTON, by unanimous consent, the of the fact that it requires unanimous consent and it is no\_~ual. Committee on Indian Affairs was discharged from the further con­ Mr. PEDDIE. I simply ask that the resolution be read. · sideration of the bill (H. R. No. 682) for the relief of Jiles S. Boggess, Mr. KILLINGER. I object. _ of Rusk County, Texas, a soldier of the war of 1812; and the same Mr. PEDDIE. Then I ask that the memorial be referred to the was referred to the Committee on Revolutionary Pensions. Committee on Commerce. AFFAIRS OF THE DISTRICT OF COLUMBIA. No objection being made, it was so ordered. Mr. WILLIAMS, of Michigan, by unanimous consent, presented a LWRINGEMENT OF PATENTS. memorial of citizens and tax-payers of the District of Columbi:t, rela· Mr. LATHROP, by unanimous consent, introduced a bill (H. R. tive to the affairs of the District of Columbia, and asked that the No. l490) to.fix the time within which an action for infringement of Rame be referred to the Committee for the District of Columbia, and patent or trade-mark may be commenced; which was read a first and printed in the RECORD without the names. second time, referred to the Committee. on Patents, and ordered to be There was no objection, and it was so ordered. printed. The memorial is aa follows: DIRECTORS OF NATIOX.AL BANKS. To thll honorable Senate and House of Reprurntativu: Mr. WRIGHT, by unanimous consent, submitted the following res­ 'rhe un