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in relation to the conduct of an American, named Leaton, near the Presidio del Norte, who is charged with furnishing the Indians with arms, powder, and lead, and who also purchases property stolen from Mexicans. You will also receive a communication addressed to his Excellency P. H. Bell, governor of Texas, on this subject.

I shall inform Major Van Horne of the steps which have been taken to redress this evil, and, at the same time, instruct him to inform Governor Trias of the difficulties which have prevented the government of the United States from carrying out faithfully and honorably the specifications of the treaty of peace with Mexico. I shall, at the same time, instruct Major Van Horne to say that we ourselves have the most serious and grave causes for complaint against the high authorities of Chihuahua, particularly in reference to the employment of Americans in making war on the Apaches and other Indians, not only in Mexico, but on the territory of the United States on this side of the Rio Grande, whereby the Indians have been made to believe that the American government approve of those aggressions. The consequence is, that many of our citizens have been murdered and robbed by the Apaches and other Indians, and the whole route between this and New Mexico and California, in our own country, has become extremely dangerous to travel, unless accompanied by strong and expensive military escorts, when, before the violation of our soil and the employment of unexpatriated Americans, there was peace and security as far as El Paso positively, and to Santa Fe and California but few disturbances; whereas now all the tribes are greatly inflamed and revengefully hostile.

You will perceive the strong opinion which Major Van Horne expresses in favor of the establishment of a new post in the neighborhood of the Presidio del Norte. I approve entirely of his views in this matter, believing that the post should be established as early as possible, and a pretty strong one. I have to regret that it is out of my power to meet his views in the construction of this new post, from the want of means, as my force is too small already to be weakened by a further extension. I am, very respectfully, your most obedient servant, GEO. M. BROOKE, Brevet Major General.

Brevet Maj. Gen. R. JONES,

Adjutant General, Washington, D. C.

No. 2.

HEADQUARTERS POST OPPOSITE EL PASO, NEW MEXICO,

November 8, 1849.

SIR: Mr. Benjamin Leaton is at present on a visit here from Presidio del Norte, two hundred and fifty miles below this. He says that he had, for the last year or two, endeavored to gather the Apaches about there, advising them to preserve friendly relations with the United States, and hoping that an Indian agent would be along there to make a treaty with them. He also says that we came through the midst of them-their warriors numbering about eight hundred-and to his advice to them not to disturb us he attributes the fact that they did not molest us. Immediately after we

had passed, however, the party of American outlaws, under Glanton, crossed at his station, and, after attacking the Indians, and with difficulty escaping, returned by Leaton's again, on their way to Chihuahua. This, Leaton says, has made them hostile to him, and to all Americans, as they do not know any distinction between Glanton's party and any other Americans. He says that all the settlers on our side, except himself, have gone to the other side; that he considers his position very unsafe, and urges strongly that government should have troops there. He thinks it was some of Gomez's party who made the attack at Janos.

Leaton desires me strongly to urge the necessity of having troops at Presidio del Norte, to restrain the inroads of the Indians upon the Mexican territory.

Since writing the foregoing, I have received a communication from Colonel Laugberg, Mexican commandant, El Paso, enclosing another from Angel Trias, governor and commandant general of the Mexican general government, dated Chihuahua, October 10, in which great complaint is made of Ben. Leaton for trading with the Apaches and Comanches, and giving them powder, and lead, and guns, &c., in exchange for animals and other property which the Indians steal from the Mexicansthus encouraging the Indians to continue their depredations in Mexico, and violating the treaty of peace, which forbids this. They urge strongly that the United States government should put a stop to this.

I take the liberty to enclose these documents to you, at the pressing request of Colonel Laugberg, as it relates to matters in your department. On inquiry, I think there is no doubt but that Leaton deals extensively in buying mules and horses stolen by the Indians from the Mexicans, and in trading them off. The Torrys and others carry on the same traffic; and the Indians are extensively supplied by traders at Santa Fe, San Miguel, &c., with arms and ammunition, in exchange for animals, &c. Many of those traders rove about among the Indians, and live with them. It is highly probable that the Presidio del Norte will be an important point on the great route of trade from San Antonio, Lavaca, Corpus Christi, &c., to Chihuahua, Durango, &c., which is an additional reason why troops should be stationed there.

I am, sir, very respectfully, your obedient servant,

Major GEORGE DEAS,

J. VAN HORNE,

Brevet Major 3d Infantry, commanding.

Asst. Adjt. General Sth Military Department, San Antonio, Texas.

No. 3.
[Translation.]

MILITARY DISTRICT, STATE of Chihuahua,

Chihuahua, October 10, 1849.

The American, Leaton, who resides on the opposite bank of the Rio Grande, near Presidio del Norte, has, for some time past, been committing a thousand abuses, and of so hurtful a nature that he keeps an open treaty with the Apache Indians, in opposition to what he has been ex

pressly advised not to do. He has been repeatedly charged with this depraved conduct; but it has been impossible to put a stop to it in a satisfactory manner, as he does as he pleases, without respecting either the authorities of that presidio or the laws of the country. These abuses are reported every day, as you will see by the accompanying letter. Leaton is, besides, a man entirely wanting in respect, as he never satisfies the just claims which are made upon him, as has occurred in the case of a demand made upon him for a horse which he took from a captive who, a few days since, made his escape from the power of the Indians-to which affair the same letter refers. I have advised the supreme government of the whole matter, as Leaton does not conform to the jurisdiction of New Mexico; but, desiring that the abuses be checked, until I can hear of the resolution of the government, and whether the commander of the American forces nearest this city has jurisdiction over the individual referred to, I hope that you will bring this subject, and the contents of the letter, before the American commander, in order that he may take such steps as are necessary and in conformity with the treaty of peace.

I renew to you the assurances of my esteem.
God and liberty!

ANGEL TRIAS.

To the INSPECTOR charged with the Military Colonies, Paso.

I certify this to be a copy of the original.

LAUGBERG.

A free translation, by

GEO. DEAS,

Assistant Adjutant General.

SAN ANTONIO, January 6, 1850.

No. 4.

INSPECTION OF MILITARY COLONIES OF THE STATE OF CHIHUAHUA, Paso, October 23, 1849.

SIR: The enclosed communication from the commandant general of the general government of Mexico has been transmitted to me. From it you will perceive that various complaints have been made against a person residing opposite the Presidio del Norte, calling himself Ben. Leaton, and the place of his residence Fort Leaton. Among the complaints which have been made against this person, and, in fact, the one to which I chiefly desire to call your attention, is the trade which he continually carries on with the Apache and Comanche Indians. I need hardly state the fact to you that the Indians are continually engaged in murdering, robbing, and plundering the citizens of this country; it is not, therefore, not only probable, but positive proof is in the hands of the commandant general, that a great portion of this illicit traffic consists in the selling and purchasing of the very goods and property of the citizens of this country, and of which they have been robbed by these Indians. But the evil consists not only

in this: in return for the plunder which this person takes from the Indians, he furnishes them with arms, powder, lead, and other articles of ammunition. This, in itself alone, would be sufficient grounds for a complaint against this individual to you, inasmuch as a citizen of the United States, a country with which this republic is upon the most friendly terms, furnishes these Indians, who are at war with this country, with the means to carry on the war.

But how much stronger is the case against this individual when you take into consideration the eleventh article of the treaty of peace between the two governments, by which the government of the United States binds itself to protect this frontier from the incursions of these Indians.

I therefore respectfully request you to take this matter into consideration, and to inform me whether, by virtue of your office, you can take any steps to prevent a recurrence of these outrages, or, if not, who is the proper person to address myself to.

I am, very respectfully, your obedient servant,

EMILIO LAUGBERG,

Inspector and commanding officer.

Major JEFFERSON VAN HORNE,
Commanding, &c.

No. 5.

HEADQUARTERS EIGHTH DEPARTMENT,

San Antonio, January 10, 1850.

GOVERNOR: I have the honor to enclose, for the information of your excellency, a communication from Major Van Horne, third infantry, commanding at El Paso del Norte, with two enclosures--one from Governor Trias, of Chihuahua; and the other from Colonel Emilio Laugberg, in relation to the conduct of a Mr. Ben Leaton, an Indian trader, opposite the Presidio del Norte.

I have no doubt, from the opinion expressed in Major Van Horne's letter, that the acts charged are true; and I have respectfully to ask the interference of your excellency's aid and authority in endeavoring to put a stop to this Indian trader's conduct, which is in violation not only of the treaty of peace between the United States and Mexico, but in endangering the lives and property of our own citizens and others, pursuing their peaceful travel and business in our own country, and on our own soil. I have, at the same time, no doubt but that all the Indian traders in Texas are more or less engaged in the nefarious, illegal, and injudicious traffic complained of in the case of Leaton.

You will also receive an extract from a communication of the 20th of August last from the Adjutant General of the army, addressed to me by order of the Honorable Secretary of War, particularly on the subject of Indian traders.

To carry out the views of the War Department, I am ready at all times, and with great pleasure, to aid and assist in the execution of such

with the

measures as your excellency may deem necessary and proper,
force under my command.
I am, with high consideration, your excellency's obedient servant,
GEO. M. BROOKE,

To his Excellency P. H. BELL,

Governor of Texas, Austin.

Brevet Major General.

HEADQUARTERS EIGHTH MILITARY DEPARTMENT,

San Antonio, January 20, 1850.

GENERAL: I have to report that the murderous and thieving disposition of the Indians on this frontier has become more marked, in its frequency, boldness, destruction of life, and the stealing of property.

On the 11th instant, a Major Bryan, who had been sent from Austin by Governor Bell to muster out of service the two companies of rangers called into the service of the State last summer by Governor Wood, was murdered by Indians, about six miles from Refugio, and thirty five miles below Goliad. In consequence of the murder of the four persons near Castroville, as previously reported, Captain McCown's company of rangers was ordered into that neighborhood, for the further protection of the settlements; and this party of Indians must have secreted themselves in such a manner as to elude observation, and, on the moment of the departure of this company, must have taken advantage of its absence, in killing the major, and stealing nearly four hundred horses.

Information of these acts has been forwarded to Captains Grumbles and Ford, who, it is hoped, will be able to fall in with those Indians, and inflict a proper chastisement. The commanders of posts along the frontier have also been apprized of these atrocities, with orders to endeavor to intercept the marauders.

With a view to secure the safety and protection of the inhabitants of that country, and to enable me to disband the volunteers, a new post had been ordered to be established on the Nueces river, below the junction with the Rio Frio, by two companies of the first infantry, drawn from Fort Brown. The execution of the order will, no doubt, greatly attain the object; but, at the same time, under the present appearances, I must confess. that to discharge the volunteers before these Indians have been most severely retaliated on and punished, through their nations, would incur a risk and danger which might involve the most serious distress and misfortune. Knowing the smallness of our army, and the great inconvenience of leaving one part of the country unprotected to secure another part, I have not asked for an increase of the forces in this department; but I have been, and am now, fully aware that the number of troops in this country, considering its very extended frontier, is not equal to its proper and just requirements.

I have also just received information that a soldier of the first infantry was killed on the 31st December, within half a mile of Fort Duncan, by Indians.

Information has also come to hand, this morning, that a party of Tonkaway Indians had been stealing horses in the settlements near Fort Gates; they were pursued, all the horses recaptured, but the Indians

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