No. 503. Señor Navarro to Mr. Evarts. LEGATION OF MEXICO IN THE UNITED STATES, New York, October 18, 1880. Mr. SECRETARY: I have the honor to inclose a copy of two communications which have been addressed by the governor of the State of Chihuahua to the department of foreign relations of Mexico, and which contain an account of some fresh outrages that have been committed on Mexican soil by the band of otlaws which is headed by Robert E. Martin. These copies have been sent to me by my government, with instructions to transmit them to your Department in support of, and as a sequel to, the complaint contained in my note of the 28th of August last, not doubting that the Government of the United States will issue orders for the apprehension and punishment of the persons composing the aforesaid band, which has for some time been a source of great annoyance to the inhabitants of those frontier districts. I renew, &c., JUAN N. NAVARRO. [Inclosure 1.] [A stamp containing the words: "Mexican Republic, Government of the State of Chihuahua."1 No. 69. The political chief of the canton of Galeana, in a communication of the 12th instant, writes as follows to the secretary of this government: "On the 1st instant I received a letter from the municipal president of Janos, of which the following is a copy: "On the 30th ultimo this presidency was informed that cattle and horses were being stolen from Agua Fria, two leagues distant from this place, and that the thieves were driving the animals in the direction of La Soma Blanca, or Salto del Ojo de la Pelotada. I immediately ordered as large a force of citizens as possible to be organized in order to go in pursuit of the thieves, and succeeded in securing the services of fourteen men, who started with all speed. On the 31st, in the afternoon, this presidency received information that the theft was much larger than had been supposed. I, therefore, ordered sixteen more men to go for the purpose of protecting those who had started first. To-day, August 1, the party returned, reporting that the first fourteen men overtook the thieves at San Luis, to the south of the Sarampion Mountains; they had stolen eighteen horses belonging to the citizen Juan B. Zerzaya; these they sent forward on the gallop, when they became aware of the approach of their pursuers; there remained eighty-five head of cattle, which they were unable to send forward; it was evident that the theives were Americans, because they were heard conversing with one another by the pursuing party, when the latter were a very short distance from them; they made a stubborn resistance, opening fire upon their pursuers, so that the latter were obliged to assume a defensive attitude; a fight ensued, in which one horse was wounded in the fore-leg; it being impossible to remove this animal, he was left on the field. It was observed that one of the thieves was severely wounded, and eighty-five head of cattle were abandoned, which were brought to this presidency, together with a mule, a saddle and bridle, and some other articles of small value which had been abandoned by the wounded man above mentioned. The cattle have now been returned to their rightful owners, and this presidency has taken such measures as were in its power to prevent a repetition of similar acts. I beg you, Mr. Political Chief, to be pleased to bring to the knowledge of the supreme government of the State the critical situation in which this section of country is, to the end that it may communicate the information to the national government; and I beg you, sir, to take such measures as may lie in your power to afford us assistance, and to send as large a force for our protection as can be spared by the governor of the State, for if this is not done, the situation of our people is an utterly defenseless one. I have the honor to bring this to your knowledge that you may communicate it to the governor of the State."" I have the honor to communicate to you the foregoing, for the information of the President of the republic, informing you, at the same time, that the party of American outlaws referred to belong to the band which is under the leadership of the notorious criminal Robert E. Martin, and begging you to take measures for the speedy pursuit and punishment of the said band; for, otherwise, between these outlaws and the In dians, cattle raising, which is even now seriously prostrated, will be crushed out entirely on the northeastern frontier of the State. Liberty and the constitution! Chihuahua, August 18, 1880. To the SECRETARY OF STATE OF FOREIGN RELATIONS, Mexico. LUIS TERRAZAS. JOSÉ T. DE CUELLAR, Secretary. [Inclosure 2.1 [A stamp containing the words: "Mexican Republic, Government of the State of Chihuahua."] No. 70. The political chief of the canton of Galeana writes to the secretary of this government, under date of the 12th instant, as follows: "The citizen municipal president of Janos communicates to me, under date of the 11th instant, the following information: A few days since, an American, who is an agent of the owner of the estate 'Corralitos,' came to this place with a party of t teen men, requesting several citizens to join him in pursuing thieves from the United States, who, as he said, had been stealing cattle from various citizens of Mexico, and who were believed to be but a short distance off. Several persons volunteered to aecompany him, and joined his party; after having been out two days, they came upon two or three Americans who were well fortified in a sort of stockade, which they had built; these at once opened fire upon the pursuing party, who returned it; the rest being a lively fight, in which Sabas Talamante, and a negro who accompanied the men from Corralitos, were wounded; two horses were also wounded and one remained stack in a mud-hole. The American in charge of the party then resolved to return, finding that he would be obliged to expose the lives of some of the men who were with hi if he persisted in capturing the outlaws; on their return, when near this town, they fell in with two horses belonging to Don José Casares, which had been stolen and already reshod: they had been in the possession of the thieves when the firing conmenced, but had taken fright at the noise of the shots, and galloped off in the direction of their home.' I must further inform you, citizen secretary, that the same mail which brought the communication which is here transcribed, brought the news of a similar occurrence at Ascension. It appears that several citizens of that town who were a pursuit of thieves from the United States who had been stealing horses, overtook then. when a fight ensued, in the course of which several men and horses were wounded." I have the honor to communicate to you the forgoing for the information of the citizen President of the republic, and to inform you that the party referred to belong to the band under the leadership of the notorious criminal Robert E. Martin. Liberty and the constitution! Chihuahua, August 18, 1880. To the SECRETARY OF STATE, LUIS TERRAZAS. In charge of the Department of Foreign Relations, City of Mexico. No. 343.] SIR: MOROCCO. No. 504. Mr. Mathews to Mr. Evarts. CONSULATE OF THE U. S. OF AMERICA, Tangier, December 7, 1879. (Received January 17, 1880.) Down the coast of Morocco we hear of copious falls of rain which have rendered the prospects of a good harvest next year very hope ful, and if the weather continues to favor the land it may be expected that the trade, which at present, with the exception of the shipment of a few bones, is at a standstill, will be enlivened; in some of the southern provinces, however, and notably those of Abda, Hamar, Erhauma, Sedla, and Haha, matters are in a very pitiable condition. Both men and beasts were decimated during the late famine, and the survivors amongst the miserable peasantry have neither cattle nor seed. Such animals as did not succumb to the famine have subsequently been seized by the governors and sheiks for arrears of rent, and the state of misery and desolation which consequently prevails is most distressing. In order to make up for the great scarcity of animals, the women as well as the men are all turning their hands to the field, and may be seen in great numbers digging the land. The rains at Tangier and its neighborhood have been unprecedented, the floods causing considerable damage both to property and to the early crops. The rainfall from September 9 to date has been 17.94 inches. I have, &c., FELIX A. MATHEWS. No. 505. Mr. Mathews to Mr. Evarts. No. 353.] CONSULATE OF THE UNITED STATES OF AMERICA, Tangier, February 28, 1880. (Received April 6.) SIR: I have the honor to transmit herewith for your consideration copies and translations of the circulars issued by the Moorish minister of foreign affairs to the foreign representatives residing at Tangier (inclosure No. 1), and my answer to the same (inclosure No. 2), relative to Moorish subjects naturalized in foreign countries who may return to Morocco becoming again amenable to Moorish jurisdiction. The naturalized Moorish subjects who have embraced foreign nationalities, affected by the circular in question, are mostly French, Portugnese, Brazilians, and Italians. The Moorish subjects naturalized in the United States are few, and, with two exceptions, all Israelites, of temporary residence in Morocco, most of them visiting this country for commercial transactions carried on between Morocco and the United States. The proximity of Spain and the British colony of Gibraltar to Morocco induced those governments many years since to place obstructions in the way of the naturalization of Moorish subjects; otherwise, almost the whole population of Morocco able to cross the straits would have long ago become Spanish and British subjects. * * The French minister plenipotentiary and the chargés d'affaires of Portugal, of Brazil, and of Italy have protested and formally acquainted the Moorish Government, in the name of their respective governments, that they will not admit the request contained in the circular, holding the Moorish Government responsible for any arbitrary measures or acts the Morocco officials may adopt towards any Moorish-born subject holding any proofs of being a naturalized citizen of their respective countries. In view of which, and that the statutes of the United States make it the duty of all United States officers to afford to naturalized citizens of the United States the same protection of persons or property which is accorded to native-born citizens, and not finding in our treaties with Morocco anything to the contrary, I have based my reply to the circular in question on Articles 5 and 15 of the Spanish treaty with Morocco of the 20th November, 1861, and Articles XIV, XX, and XXIV of our treaty of 1836, and which is in conformity with the instructions contained in the third paragraph of your dispatch No. 119, of the 7th December, 1877. The barbarous manner in which everything is unfortunately conducted in Morocco towards the inoffensive Jews and other subjects of Morocco renders the matter a most serious one for the consideration of those governments who profess liberty and humane feelings towards their fellowbeings. It would be absurd to compare Morocco with Turkey, notwithstanding that the Ottoman Government still lacks many reforms and much morality to place it within the circle with Germany and other civilized nations as regards the liabilities of naturalized citizens returning to their native countries. There are numerous reasons and motives to make Morocco an exception to all other nations. The Moorish governors obtain their ap pointment from the Sultan by paying large sums of money, followed by annual contributions and presents, all arbitrarily exacted from their subjects. As there is no system of taxation in Morocco, they all must pay tithes and any sum of money imposed on them by their officials. They are subject to the caprice of * governors whose conduct is regulated by no law. The source of all Mohammedan law is the Koran. It is therefore hopeless to expect reforms so long as the law is administered by "true believers," before whom the evidence of non-Mohammedans is not admitted, whilst a fictitious document subscribed to by two Mohammedan notaries is binding upon a third party, who, perhaps, may be entirely ignorant of its contents, his signature not being necessary, and the evidence of two Mohammedans is quite sufficient to compel a party to the payment of an imaginary debt. Therefore, in a country with such extraordinary laws and where all manner of violence and oppression is continually practised by its rulers, it is nothing but humane that the same protection should be extended to those natives of Morocco who have become American citizens, as the protection extended by the foreign representatives to subjects of Morocco under their employ or acting as agents holding interests of foreign merchants in their hands, which is in conformity with the tenor and articles of various treaties and conventions between European nations and Morocco. I now beg to quote the articles of the Spanish treaty referred to in my answer to the circular of the Moorish minister: ARTICLE 5. Spanish subjects shall not be obliged to pay, under any pretext whatsoever, any impositions or taxes; they shall be exempt from all military service. whether by land or sea, from personal charges, forced loans, and every extraordinary contribution; their dwellings, warehouses, and all appertaining to them shall be respected, &c., &c. ARTICLE 15. Spanish subjects, or protégés, whether Christians, Mohammedans, or Jews, sl a alike enjoy all the rights and privileges granted by the present treaty, or which shall at any time be granted to the most favored nations. It is manifest that if even a person holding interest of a citizen of the United States having a right to his protection is not liable to Moorish jurisdiction as stipulated in Article XX of our treaty with Morocco of 1836, much more is entitled to protection a regular naturalized citizen under the protection of the United States Government as demanded on his passport. The Spanish treaty makes no distinction between citizens and protégés, be they Christians, Mohammedans, or Jews. Trusting that my course in this matter, based as it is on treaties and custom, on behalf of American citizens and their interests, may meet with your approval, I have, &c., FELIX A. MATHEWS. [Inclosure 1 in No. 353.-Translation.] Translation of a circular note addressed by the Moorish minister of foreign affairs to the foreign representatives, dated 26 Saffar, 1297 (18 February, 1880). Praise be to the only God! To our prudent friend, the respectable and wise gentleman, Mr. Felix A. Mathews, representative of the American nation, &c. : You are aware that we have already manifested to you and all the other foreign representatives verbally, with regard to the prejudice which our nation suffers by the naturalization of our subjects who consider themselves out of our jurisdiction and exempt from contributions to our government, and we have received letters from His Shereefian Majesty that this is against the laws of this happy empire. All this people who leave this country and return, are under the laws of this country, and now, since this prejudice still exists and these people are still protected, we are ordained by His Shereefian Majesty to renew our demand wherein he has his rights; and the following are the text and words of His Majesty's letter: Confirming our former letter, relative to the naturalization to be communicated to the foreign representatives at Tangier, that the laws of our happy empire do not permit that our subjects, either Moors or Jews, should change their nationality for another, and that notwithstanding this that prejudice still exists: Now, we are going to write to our governors not to recognize all this, as the rule of our country is not to recognize either passports or certificates of naturalization, and we ordain you to renew this matter before the foreign representatives before we address ourselves to our governors, and explain to them that our desire is to be in good relations with all the nations, still we cannot admit a thing which is against our regulations and to the prejudice and detriment of our rights." We beg you to bring this to the knowledge of the powers that you represent, of whose friendship we are sure, so that they may not permit a detriment to our laws; and you are aware that the subjects of Turkey are not allowed the right of withdrawing themselves from the jurisdiction and laws of their country. Peace and friendship. The servant of the throne elevated by God, Tangier, 26 Saffar, 1297 (18 February, 1880). MOHAMED BARGASH. [Inclosure 2 in No. 353.-Translation.] Translation of Mr. Mathews's reply to the note addressed to the foreign representatives by the Moorish minister of foreign affairs. To my prudent friend, the wise and literary minister of foreign affairs of His Shereefian Majesty Sid Mohamed Bargash, &c.: I have the honor to acknowledge the receipt of your circular to the foreign representatives, dated the 26th Saffar, relative to the Sultan's objection to the naturalization of his subjects, and that he will order his governors not to recognize their change of nationality. being contrary to the laws of this empire and of prejudice to his contributions. You also were pleased to quote the text of His Majesty's letter requesting you to reiterate his wishes previous to notifying his governors on the subject. You also mention that the subjects of Turkey are not allowed to withdraw from the jurisdiction of their government, &c. I shall transmit your circular to the government I have the honor to represent, and in due time will inform you of its reply. In the mean time permit me to observe that, as you are aware, a treaty exists between the Government of the United States of America and that of Morocco, written at |