ernment of the United States expressed their satisfaction at this exhibition of good feeling and their readiness to receive these acknowledgments and assurances in the conciliatory spirit in which they were offered." See also 2 Benton's Thirty Years in the Senate, 455. (d) GREYTOWN. Greytown was a port on the Mosquito coast, in which some United States citizens resided. These citizens, and others interested with them in business, were subjected to gross indignities and injuries by the local authorities, who were British, but who professed to act under authority from the king or chief of the Mosquito Islands. The parties injured accordingly appealed to the commander of the United States sloop-of-war Cyane, then lying near that port, for protection. To punish the authorities for their action, he bombarded the town. For this act he was denounced by the British residents, who claimed that the British Government had a protectorate over that region. His action was sustained by the Government of the United States, the ground being the necessity of punishing in this way a great wrong to citizens of the United States, and preventing its continuance. Infra, § 224. As to British title to this coast, see infra, § 295. (e) BORDER RAIDERS. § 50e. "In reply to Mr. Gorostiza's informal note of the 28th ultimo, Mr. Forsyth has the honor to state that, except in case of necessity, General Gaines will not occupy ground not indisputably within the limits of the United States. In case of necessity, whether the possession of the ground he may occupy is now or has heretofore been claimed by Mexico, cannot be made a question by that officer. He will take it to perform his duties to the United States and to fulfill the obligations of the United States to Mexico. The just and friendly purpose for which he does occupy it, if he should do so, being beforehand explained to Mexico, it is expected will prevent either belief or suspicion of any hostile or equivocal design on his part. It is not intended to be the assertion of a right of property or possession." Mr. Forsyth, Sec. of State, to Mr. Gorostiza, May 3, 1836; MSS. Notes, Mexico. "To effect one of the great objects for which General Gaines is sent to the frontier, i. e., to fulfill our treaty with Mexico by protecting its territory against the Indians within the United States, the troops of the United States might justly be sent into the heart of Mexico, and their presence, instead of being complained of, would be the strongest evidence of fidelity to engagements and friendship to Mexico. Nor could the good faith and friendship of the act be doubted if troops of the United States were sent into the Mexican territory to prevent embodied Mexican Indians justly suspected of such design from assailing the frontier settlements of the United States." Mr. Forsyth, Sec. of State, to Mr. Gorostiza, May 10, 1836; MSS. Notes, Mexico. 66 Temporary invasion of the territory of an adjoining country, when necessary to prevent and check crime, rests upon principles of the law of nations entirely distinct from those on which war is justified-upon the immutable principles of self-defense-upon the principles which justify decisive measures of precantions to prevent irreparable evil to our own or to a neighboring people."" Mr. Forsyth, Sec. of State, to Mr. Ellis, Dec. 10, 1836; MSS. Inst., Mex. "When necessary to maintain order and to comply with treaty obligations to Mexico, the troops of the United States are entitled to cross the boundary between the United States and Mexico, and so when necessary to punish Mexican marauding Indians or to prevent their incursions." Mr. Forsyth, Sec. of State, to Mr. Ellis, Dec. 10, 1836; MSS. Inst., Mex. "Compaints of unfounded seizures of property by Mexican authorities on the Rio Grande frontier have recently been addressed to this Department by citizens of the United States. They inveigh against arbitrary acts of the military and corrupt proceedings of the judicial officers of Mexico in that quarter. This Government is not disposed to connive at any infractions of the laws of Mexico by our citizens, but it has a right to expect that if they are charged with a violation of those laws the cases will be fairly and impartially tried and decided. If a contrary course should be adopted it may be difficult to restrain the aggrieved parties from seeking reparation by acts of violence against the property of Mexicans on the southern bank of the Rio Grande." Mr. Webster, Sec. of State, to Mr. Smith, May 5, 1851; MSS. Inst., Mexico. "If Mexican Indians whom Mexico is bound to restrain are permitted to cross its border and commit deprédations in the United States, they may be chased across the border and then punished.” Mr. Marcy, Sec. of State, to Mr. Almonte, Feb. 4, 1856; MSS. Notes, Mex. "But there is another view of our relations with Mexico, arising from the unhappy condition of affairs along our southwestern frontier, which demands immediate attention. In that remote region where there are but few white inhabitants, large bands of hostile and predatory Indians roam promiscuously over the Mexican States of Chihuahua and Sonora, and our adjoining Territories. The local governments of these states are perfectly helpless, and are kept in a state of constant alarm by the Indians. They have not the power, if they possessed the will, even to restrain lawless Mexicans from passing the border and committing dep redations on our remote settlers. A state of anarchy and violence prevails throughout that distant frontier. The laws are a dead letter, and life and property wholy insecure. For this reason the settlement of Arizona is arrested, whilst it is of great importance that a chain of inhabitants should extend all along its southern border sufficient for their own protection and that of the United States mail passing to and from California. Well-founded apprehensions are now entertained that the Indians and wandering Mexicans equally lawless, may break up the important stage and postal communication recently established between our Atlantic and Pacific possessions. This passes very near to the Mexican boundary throughout the whole length of Arizona. I can imagine no possible remedy for these evils, and no mode of restoring law and order on that remote and unsettled frontier, but for the Government of the United States to assume a temporary protectorate over the northern portions of Chihuahua and Sonora, and to establish military posts within the same-and this I earnestly recommend to Congress. This protection may be withdrawn as soon as local governments shall be established in these Mexican States, capable of performing their duties to the United States, restraining the lawless and preserving peace along the border." President Buchanan's Second Annual Message, 1858. "It is a gratification to be able to announce that, through the judicious and energetic action of the military commanders of the two nations on each side of the Rio Grande, under the instructions of their respective Governments, raids and depredations have greatly decreased, and, in the localities where formerly most destructive, have now almost wholly ceased. In view of this result, I entertain a confident expectation that the prevalence of quiet on the border will soon become so assured as to justify a modification of the present orders to our military commanders as to crossing the border, without encouraging such disturbances as would endanger the peace of the two countries." President Hayes' Third Annual Message, 1879. "In my last annual message I expressed the hope that the preva lence of quiet on the border between this country and Mexico would soon become so assured as to justify the modification of the orders, then in force, to our military commanders in regard to crossing the frontier, without encouraging such disturbances as would endanger the peace of the two countries. Events moved in accordance with these expectations, and the orders were accordingly withdrawn, to the entire satisfaction of our own citizens and the Mexican Government. Subsequently the peace of the border was again disturbed by a savage foray, under the command of the Chief Victorio, but, by the combined and harmonious action of the military forces of both countries, his band has been broken up and substantially destroyed." President Hayes' Fourth Annual Message, 1880. "A recent agreement with Mexico provides for the crossing of the frontier by the armed forces of either country in pursuit of hostile Indians. In my message of last year I called attention to the prevalent lawlessness upon the borders and to the necessity of legislation for its suppression. I again invite the attention of Congress to the subject. "A partial relief from these mischiefs has been sought in a conven tion, which now awaits the approval of the Senate, as does also another touching the establishment of the international boundary between the United States and Mexico. If the latter is ratified, the action of Congress will be required for establishing suitable commissions of survey. The boundary dispute between Mexico and Guatemala, which led this Government to proffer its friendly counsels to both parties, has been amicably settled." President Arthur's Second Annual Message, 1882. "The provisions for the reciprocal crossing of the frontier by the troops in pursuit of hostile Indians have been prolonged for another year. The operations of the forces of both Governments against these savages have been successful, and several of their most dangerous bands have been captured or dispersed by the skill and valor of United States and Mexican soldiers fighting in a common cause." President's Arthur's Third Annual Message, 1883. "The first duty of a Government is to protect life and property. This is a paramount obligation. For this governments are instituted, and governments neglecting or failing to perform it become worse than useless. This duty the Government of the United States has determined to perform to the extent of its power toward its citizens on the border. It is not solicitous, it never has been, about the methods or ways in which that protection shall be accomplished, whether by formal treaty stipulation or by informal convention; whether by the action of judicial tribunals or that of military forces. Protection in fact to American lives and property is the sole point upon which the United States are tenacious. In securing it they have a right to ask the co-operation of their sister Republic. So far, the authorities of Mexico, military and civil, in the vicinity of the border, appear not only to take no steps to effectively check the raids or punish the raiders, but demur and object to steps taken by the United States. "I am not unmindful of the fact that, as you have repeatedly reported, there is reason to believe that the Mexican Government really desires to check these disorders. According to the views you have presented, its statesmen are believed to be sagacious and patriotic, and well disposed to comply with all international obligations. But, as you represent, they encounter, or apprehend that they may encounter, a hostile public feeling adverse to the United States, especially in these border localities, thwarting their best intentions and efforts. It is greatly to be regretted that such a state of perverted public feeling should exist. But its existence does not exonerate the Mexican Government from any obligation under international law. Still less does it relieve this Government from its duties to guard the welfare of the American people. The United States Government cannot allow marauding bands to establish themselves upon its borders with liberty to invade and plunder United States territory with impunity, and then, when pursued, to take refuge across the Rio Grande under protection of the plea of the integ rity of the soil of the Mexican Republic." Mr. Evarts, Sec. of State, to Mr. Foster, August 13, 1878; MSS. Inst., Mexico; See, further, Mr. Evarts to Mr. Morgan, June 26, 1880; to Mr. Navarro, July 27, An incursion into the territory of Mexico for the purpose of dispersing a band of Indian marauders is, if necessary, not a violation of the law of nations. Mr. Fish, Sec. of State, to Mr. Belknap, Jan. 22, 1874; MSS. Dom. Let. See Mr. As to right of passage of troops through foreign country, see supra, §§ 18, 19. In 2 Dix's Life, pp. 110 ff., it is maintained that the United States would be The following orders bear on this question: HEADQUARTERS DEPARTMENT OF THE EAST, New York City, December 14, 1864. General Orders No. 97. Information having been received at these headquarters that the rebel marauders who were guilty of murder and robbery at Saint Albans have been discharged from arrest, and that other enterprises of a like character are actually in preparation in Canada, the Commanding General deems it due to the people of the frontier towns to adopt the most prompt and efficient measures for the security of their lives and property. All military commanders on the frontiers are therefore instructed, in case further acts of depredation and murder are attempted, whether by marauders or persons acting under commissions from the rebel authorities at Richmond, to shoot down the perpetrators, if possible, while in the commission of their crimes; or, if it be necessary, with a view to their capture, to cross the boundary between the United States and Canada, said commanders are hereby directed to pursue them wherever they may take refuge, and if captured they are under no circumstances to be surrendered, but are to be sent to these headquarters for trial and punishment by martial law. The major-general commanding the department will not hesitate to exercise to the fullest extent the authority he possesses, under the rules of law recognized by all civilized states, in regard to persons organizing hostile expeditions within neutral territory and fleeing to it for an asylum after committing acts of depredation within our own, such an exercise of authority having become indispensable to protect our cities and towns from incendiarism and our people from robbery and murder. |