Acting Secretary to Nelson, November 7, 1871
No. 265. Mr. Hunter to Mr. Nelson.
No. 199.]
Sir: With reference to the instruction to you, No. 195, of the 31st ultimo, I transmit a copy of a letter of the 4th instant, addressed to this Department by the Secretary of War, to whom a transcript of the dispatch from the commercial agent at Guerrero, relative to depredations of Indians from Mexico, was also communicated.
The memorandum of the General of the Army, which accompanies Mr. Belknap’s letter, is believed to correctly state the rule of public law—that a nation is answerable for hostile attacks upon its neighbors by persons owing it allegiance.
The treaty stipulations between the United States and Mexico, by which the parties engaged to restrain savages from attacking each other’s possessions were repealed by the second article of the Gadsden treaty. Still, the obligation to that end under the law of nations remains in full force, as it is presumed Mexico will acknowledge.
It is hoped that she may devise some method toward fulfilling that obligation.
I am, &c.,
Acting Secretary.