304 
INCIDENTS AT THE 
all traffic of this kind, whether in mules or captives, 
was strictly prohibited by the treaty with Mexico, I 
deemed it my duty, as the nearest and highest repre- 
sentative of the government of the United States in 
this region, to interfere in the matter. My authority 
for so doing is contained in the second and third sec- 
tions of the eleventh article of the treaty of Guadalupe 
Hidalgo referred to, where it is declared that — 
“ It shall not be lawful, under any pretext what- 
ever, for any inhabitant of the United States to pur- 
chase or acquire any Mexican, or any foreigner resid- 
ing in Mexico, who may have been captured by 
Indians inhabiting the territory of either of the two 
Republics, nor to purchase or acquire horses, mules, 
cattle, or property of any kind, stolen within Mexican 
territory by such Indians. 
“ And in the event of any person or persons, cap- 
tured within Mexican territory by Indians, being car- 
ried into the territory of the United States, the govern- 
ment of the latter engages and binds itself, in the most 
solemn manner, so soon as it shall know of such captives 
being within its territory, and shall be able to do so 
through the faithful exercise of its influence and power, 
to rescue them and return them to their country, or 
deliver them to the agent or representative of the Mex- 
ican government. The Mexican authorities will, as far 
as practicable, give to the government of the United 
States notice of such captures ; and its agent shall pay 
the expenses incurred in the maintenance and trans- 
mission of the rescued captives, who, in the mean time, 
shall be treated with the utmost hospitality by the 
American authorities at the place where they may be. 
