Foster to J. M. Lafragua, May 8, 1875

Mr. Foster to Mr. Lafragua.

Sir: I transmit herewith to your excellency two separate inclosures, both relating to the Indians from the United States who have found a refuge in the Mexican Republic, and to which I respectfully direct your attention. The one inclosure embraces communications forwarded by the Secretary of War of the United States to the Department of State upon the subject of depredations recently committed in Texas by Indians believed to come from Mexico. The other inclosure, embracing communications forwarded by the Secretary of the Interior, contains the statement of Mr. Henry M. Atkinson, commissioner of the United States, as to the embarassments which he has experienced in removing the Kickapoos and Lipan Indians from Mexico to their reservations in the United States. From that gentleman’s statement, it appears that the local authorities, at least, are averse to that measure, and are not indisposed actively to thwart it.

I am instructed by the Department of State to bring the subject of these Indians, their depredations, and their return to their reservations to the attention of the Mexican government, and to urge such a definitive decision as will cause an effectual settlement of this long-standing matter. That Department is reluctant to believe that the authorities in this capital are insincere in their professions of good-will, but it is hoped that they may have sufficient control over the local authorities and residents of the frontier as to cause their orders to be respected, and to remove the obstruction placed in the way of the United States commissioners. It is difficult to see what substantial advantages Mexico can expect from retaining these Indians.

So long as they remain where they now are, they are tempted to plunder and to commit other acts of violence, not only upon Mexicans but upon the American side of the Rio Grande, keeping up that irritation which it would be obviously wise to allay by all honorable means. On the contrary, if the savages are delivered up to the United States Government to be disposed of, pursuant to its policy, (which is so favorably referred to in the report of the Mexican border investigation commission—see Sr. Galindo’s report, page 152,) the Indians are kept from harming others, and have a chance of materially benefiting their condition.

This question has been the subject of much correspondence by this legation with the Mexican government within the past four years, and it is difficult to add anything to the representations which have already been made, but the recent partial failure of the commissioner to accomplish the removal of these Indians from Mexican territory leads me to express the decided conviction that your excellency’s government should give the subject a new consideration, with a view to the adoption of such effective measures as will entirely remove the opposition of the local authorities and residents, and make the work of the commissioners easy and their efforts completely successful. When your excellency remembers that the presence of these Indians in Mexico is one of the remaining evil results of the late civil war in the United States and of the European intervention in this republic, (see Sr. Galindo’s report, pages 114 and 115,) you will doubtless see an additional reason why Mexico should manifest its good fellowship toward the United States in this matter. These tribes took advantage of the partial paralysis of the authority of the United States in the Indian country, caused by the southern rebellion, to abandon their reservations and come over into Mexican territory. Such a movement never would have been permitted by the United States in time of peace, neither do I believe would have been acquiesced in by Mexico. Now that the United States Government has made an earnest effort to restore these Indians to their condition before the war, and have partially failed through the opposition of Mexican officials and citizens, I feel sure your excellency will recognize the obligation of your government to effectually remove or counteract this opposition. When it is borne in mind that the Indians did not come into Mexico with the consent of the federal government, but only with that of the local authorities, (see Sr. Galindo’s report, pages 115 and 121,) and when such proceedings are recognized by the federal investigation commission to be contrary to public policy, and this class of immigrants to be undesirable for the Mexican frontier, (see Sr. Galindo’s report, pages 121 and 130,) your excellency will find no impropriety in requiring the local authorities and citizens to abstain from every species of opposition, and in adopting such measures as will effectually secure the return of all these Indians to their reservations in the United States.

Awaiting the action of your excellency’s government, I reiterate the assurances of the perfect consideration and esteem with which I remain, your obedient servant,