The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-29

The hrNf duty OF o gOVernment ptptect
and property. This is paramount obligation. For
this governments are instituted, and governments
neslecting or failing to perform 1t become worse
than useless. This duty the government of the
United States has determined to PERFORM to the eN
tent of its power, towurd its citizens on the Dor
der II is not solicitous-it never has been
about the methods ways in which that
protection shall be accomplished; whether by for
NAL treaty stipulation or by informal conventions
whether by the action of judicial tribunals that OF
military forces-protection. i'll fact to American
lives and property is the sole point upon which
Il thew have ! right to AJAX the "COPPER"
tions Of their sister republic. So far. the
authorities of Mexico--military and civil-n the
steps to effectively check the raids or punish the
raiders but demur and object to steps taken by the
United States Extradition OF Offenders under the
treaty is delayed or refused upon grounds more
less plausible. Amendments OF the treaty are pro-
nonnced impractcable or sought to be encountered
with conditions that would render them nigatory.
Military force gives no effcctual cooperation in the
pursuit Of the thieves. and in many instances con-
tents itself with assuming the attitude of watching
United States troops. if they belonged to hostile
instead Of friendly power.
w. that up to that time there record OF any
.rAsein which any Mexican has been punished by the
Mexican authorities for these crimes. II any such
has since occurred 1t has not been brought to
the attention of this Department. am not
unmndful Of the fact that. you have
repeatedly reported, there is reason to believe
sders. According to the views you have
as statesmen are believed to be sagacions
international obligations. but. you represent, they
encounter apprehend that they may encoun-
ter feeling ts horer 10 ne
thwarting their best intentions and efforts 1t is
greatly to be regretted that such state of perverted
public feeling should exist. But its existence does
not exempt the Mexican government from any obi
CATION under international law. Still less does it re-
Iieve this government from its duties to guard the
welfare Of American people.
The United States government cannot allow
marauding bands 10 establish themselves upon its
1Nrn<l u, rxru1.a s1,Nr ftn1
States territory with mpunity, and then, when pur
sued to take refuge the Rio Grande under pro-
Mexican Republic You know, and the Mexican
government knows from your repeated assur-
anccs. tina neither the United States gov
eminent nor the American people have
annexation fois.ble invasion Of any part of Mex
leo The prctence that the United States plotting
instituting inyasions for conquest in Mexico is
fallacious and absurd. Invasions by United States
troops are spoken of in Mexican journals and
public documents. There are no such invasions.
Mexican cattle thieves invade Texas Mexican
revolutionists, in violation of laws, in
Grande according to the exigencies OF their
desultory warfare. But American force ever goes
over the Rio Grande except in pursuit of invaders
who have already Invaded" the soil of the United
States and are escaping with their booty, and when
American troops thus endcavoring to check both
classes of maradcrs under strict orders to guard the
territorial right Of Mexico invite cooperation of
Mexican troops and to make pursuit when any
Mexican force is found really and willing to under
take it, they stismatized Invaders of Mexican
SOIL
The suggestions of the Mexican government adj
verified to in your despatch No. 74O, cannot be
entertained. In substance they to be that the
orders to General Ord should be revoSsd and the
border left to the mercies of the narauders in the
hope that at some future day at some future
session of the Mexican Congress laws may be enacted
treaties ratified which might offer solution OF the
difficulties. The United States have not sought
the unpleasant duty forced upon them OF pursuing
offenders who, under ordinary usages of municipal
and international law. ought to he pursued and ar
fA1 nnia bn111 A.xt. ian
will assume and exercise that responsibility the
United States will be very glad to be relieved from It,
eminent does not receive the active or efficient help
OF that of Mexico in REFRESHING disorders on the
frontier. so fraught with serious consequences to
both countries.
Minister Foster in letter to Secretary Evar.s.
dated September last, gives report OF the inter-
views with President Diaz and Minister Mata with
to the punishment Of the Indians raiding into
Texas and notices their reference to an expedition
made by Mexican troops and Kickapoos
against the Lpans, and also to Indian raids
from the United States into chihuahua. Minister
Foster says the OF his interview and its object
peared the government was impressed with the ne
cessity of justifying its conduct before its
own people. In evidence Of this Minister
Foster encloses article which appeared in
the Monitor which, he has no doubt was
substantially. if not entirely. prepared in the
Office OF Foreign Affairs. An examination Of the off,
cial documents makes it plain that the expedition
undertaken to punish the Iipans for recent raids
and depredations upon Mexican citizens on Mexican
ton the Mexican authorities enlisted the Kickapoos
who part of the Indians charged by American
officials with rading into Texas.
PACIFIC RAILROAD CONTESTS UNION PACI-
FIG CHARGED WITH VIOLATING AGREEMENTS
WITH THE KANSAS PACIFIC-IMpoRTANT SUITS
The hearing in the Kansas Pacific Railroad cases
was resumed to-day in the Supreme Court room be-
fore Mr. Justice Miller of the United States Supreme
Court. and Judge c. q. Foster, sitting as in the
United States Circuit Court for the district of
Kansas. According to agreement the first
question considered this morning was that
of the traffic contract running arrangement
between the Union Pacific and Colorado Central
Railroad companies on the side and the Kansas
Pacific Railroad and its receivers the other. This
is pooling contract, which was entered into last
summer, and which placed the Kansas Pacific road
under the management of the Union Pacific Railroad
Company. The application to set aside this con-
tract was made by Henry Willard. one of the
receivers, and is supported by the bondhold-
the ground that the Union Pacific
Railroad Company, acting in connection with tho
Colorado Central has failed to carry out it's part of
the arrangement and has used the power thus ac-
qured by IL to the injury of the Kansas Pacific Road
as well to that Of the public and the government.
in failing to provide through rates and convenient
facilities between the Missouri River and the Pacific
Ocean. Mr.. James NJ. Woolworth. of Omaha, agued
in favor of the motion behalf of the petitioners
and the bondhodcrs aud contendcd that the present
receiver ought not TO be required to tho Kansas
Pacific road in accordance with agreement which
was not only vicious in ITSELF but monstrous in
its provisions for the future.
Mr.. Justice Miller inquired what the views of the
present receiver with respect to the operation of
the contract upon the business Of the road aud said
THAI the receiver is the officer OF tho court, it
proper that his testimony should be had in that par
ticuar
Mr.. Wallace Pratt. of Kansas City, counsel for Mr.
smith, the present receiver stated that Mr. Smith,
having been charged with the custody Of the prop
erty pending the petition of Mr. Willard. of the
two previous receivers to set aside the contract
sidered it his duty to await the action Of the Court in
the matter before taking any steps himself concern
ing it, Mr. Pratt said that IL the Court desired he
would state the receivers views on the subject.
Mr.. Justice Miller replied that 1t was desirable that