S. Wells Williams to J. W. Foster , United States, January 25, 1876

Mr. Williams to Mr. Foster.

Sir: I have the honor to submit the following statements:

Having been charged by the Hon. Secretary of the Interior of the United States with the duty of endeavoring to remove to a United States reservation from the borders of Mexico and Texas certain bands of Mescalero Apaches, who for many years have been committing depredations upon citizens of the United States in Texas”, and generally taking immediate refuge upon Mexican soil in the southeastern part of Chihuahua, I last year proceeded to that State. The governor, Señor Don Antonio Ochoa, evinced a cordial spirit of co-operation in the work, and a sincere desire to see a speedy and permanent end put to the depredations of those Indians.

With that view, he requested Col. Joaquin Terrazas, an officer of the Mexican army stationed in that State as lieut. inspector of military colonies, to act with me. And the governor also selected and designated Señor Don Juan Zubrian, a prominent citizen of Chihuahua, to act as a special commissioner of the State with me. At various times, first in company with Colonel Terrazas, and subsequently with Señor Don Juan Zubrian, I met the Mescalero Apache Indians at San Carlos, a village about 80 miles southeast from Presidio del Norte, and also at the last-named place.

It was finally evident from several causes and reasons that the Mescaleros were not willing to accept the offers made to them by me of removal to a United States reservation. The most influential reason was because of the strong opposition of certain leading citizens of Presidio del Norte (now called Ojinaga) and of San Carlos to the removal of the Indians; their trade was sometimes very profitable. The chief, Arzate, told me himself of some of the stories told to him by those citizens.

The Indians expressed at last a strong desire to be permitted to remain permanently and peacefully located on Mexican soil, provided something could be done by the Mexican government to keep them from starving if they should agree to stop stealing. With this object some of the principal chiefs went to Chihuahua, the city, to see the governor, last May.

About the 15th or 20th of that month a formal treaty was made and signed by Col. Joaquin Terrazas and Señor Don Juan Zubrian, on the part of the governor, and by the Indian chiefs Arzate and Imais. A copy of this agreement or treaty was furnished to me by Governor Ochoa, with the information that it would have to be approved by the federal authorities at Mexico. By this treaty, a copy of which was duly sent by me to the Hon. Commissioner of Indian Affairs, several important points were secured, even more satisfactory and beneficial to us than if the Indians had consented to remove to our reservations; and these points are, that the Mexican government agree to designate the limits of a reservation in Chihuahua for those Indians, to furnish them with certain subsistence-stores and clothing at stated terms, to exercise a constant supervision and control over them, to establish a military force on the reservation, to require military service of them, and also, in case of any future depredations upon Texas, the guilty parties were to be arrested and delivered to the United States authorities for punishment, &c.

A copy of the said treaty I hand you herewith, together with a copy of Governor ‘Ochoa’s letter, and a copy of the reply of the President of Mexico.

By instructions from the Hon. Secretary of the Interior I returned to Chihuahua last month to ascertain if the arrangements contemplated by the treaty had been effected. Upon arrival there Governor Ochoa informed me that the President of Mexico had not approved the treaty, but had indicated a design to commence a new policy toward these Indians.

The governor said to me verbally, and officially in writing, that he felt sure the authorities at Mexico did not yet clearly understand the case and did not appreciate the importance of immediately ratifying the treaty made last May, and he therefore suggested and urgently requested me to come to this city for the purpose of putting the subject before you for such action as you might deem best and proper.

He also at the same time sent Señor Don Juan Zubrian to Mexico to communicate directly to the authorities all the reasons for a prompt approval of the treaty. Señor Zubrian is now in this city on that business.

Whatever may be the ultimate action of the Mexican government, the governor and people of Chihuahua, Don Juan Zubrian, and myself all concur in believing that if this treaty le not adopted and the Indians thereby gradually accustomed to a judicious control and constraint, instruction, &c., a costly war of extermination must be forthwith commenced, involving, of course, a great loss of life and property and expenditure of money far greater than would be required to take control of the Indians on a reservation for many years; they must be controlled and fed, or forthwith be killed.

If it should meet with your approval I would very respectfully beg that an early opportunity be taken to bring this matter to the notice of the Mexican government, and of requesting that the said treaty be carried out at once, inasmuch as it would seem to be the first and best step toward a permanent settlement of Mexican Indian troubles on the frontier of Texas.

I am, &c.,