James F. Wilson to William Hunter, April 10, 1872

Mr. Wilson to Mr. Hunter.

Sir: Referring to my dispatch No. 85, under date of the 17th instant, in which I informed the Department that this city had been declared in a state of siege, I have now to transmit a copy of a letter addressed to me by General Palacios under date of the 8th instant, inclosing his proclamation of the state of siege, &c. As the eighth article of this proclamation appeared to admit of two interpretations and was bitterly assailed by the newspapers and people in Brownsville, Texas, as a violation of the treaty stipulations, which guarantee the free navigation of the Rio Grande, I addressed a letter to General Palacios on the 9th instant, a copy of which is herewith inclosed, asking for the true meaning of the article in question. To-day I received a reply, a copy of which is herewith inclosed, from which it will be seen that the general claims the right under military necessity of ordering a police visit of suspected vessels ascending or descending the Rio Grande for a distance of twelve miles above and below the city. In the absence t>f treaty stipulations as to the police scrutiny of the river by either of the nations of which it forms the boundary, I do not see any impropriety in General Palacio’s exercising the power which he proposes in the eighth article of the proclamation, as explained in his letter of the 10th instant. Otherwise the whole front of the city lying on the river would be exposed to the raids of the revolutionists by water. It would seem that both nations have the right whenever they may think necessary to exercise a police scrutiny over the river, in a manner as little calculated to inconvenience legit-mate commerce as possible.

I do not understand that it is intended to extend this police vigilance farther than to ascertain the nationality and destination of a vessel, except where the visit develops some fact which would justify a fair presumption of the vessel being engaged in a contraband trade, when an inquiry could be made to ascertain the true character of the voyage.

In addition to the actual military necessity which exists to justify these police visits, the revolutionists recently allowed a vessel, which had cleared from Brownsville with a cargo of bonded goods, to enter their lines and discharge its cargo.

The government of President Juarez could not collect the duties on these goods, and the revolutionists were thereby strengthened by availing themselves of these duties.

It is probable that one of the objects of the eighth article of the proclamation of General Palacios is to prevent vessels clearing from Brownsville for a Mexican port to ascend the Rio Grande with a cargo intended to be introduced into the rebel lines.

As there is a strong disposition on the Texas side to dispute General Palacios right to order a police visit of vessels plying on the Rio Grande, within the prescribed limits, and threats have even been made to resist such visits should they be attempted on American vessels. I have deemed it prudent to advise the Department of the facts, and ask for such instructions as the circumstances may warrant.

I am, &c.,