He had not gone with them of his own free will, but had been compelled to leave the reservation, and had been badly treated while with them. The Chiricahuas left the San Carlos because the agent had stolen their rations, beaten their women, and killed an old squaw. He asserted emphatically that no communication of any kind had been held with the Apaches at San Carlos, every attempt in that direction having been frustrated.
APACHE WAR-DANCE.
The Chiricahuas, according to Pa-nayo-tishn, numbered seventy full-grown warriors and fifty big boys able to fight, with an unknown number of women and children. In their fights with the Mexicans about one hundred and fifty had been killed and captured, principally women and children. The stronghold in the Sierra Madre was described as a dangerous, rocky, almost inaccessible place, having plenty of wood, water, and grass, but no food except what was stolen from the Mexicans. Consequently the Chiricahuas might be starved out.
General Crook ordered the irons to be struck from the prisoner; to which he demurred, saying he would prefer to wear shackles for the present, until his conduct should prove his sincerity. A half-dozen prominent scouts promised to guard him and watch him; so the fetters were removed, and Pa-nayo-tishn or “Peaches,” as the soldiers called him, was installed in the responsible office of guide of the contemplated expedition.
By the 22d of April many of the preliminary arrangements had been completed and some of the difficulties anticipated had been smoothed over. Nearly 100 Apache scouts joined the command from the San Carlos Reservation, and in the first hours of night began a war-dance, which continued without a break until the first flush of dawn the next day. They were all in high feather, and entered into the spirit of the occasion with full zest. Not much time need be wasted upon a description of their dresses; they didn’t wear any, except breech-clout and moccasins. To the music of an improvised drum and the accompaniment of marrow-freezing yells and shrieks they pirouetted and charged in all directions, swaying their bodies violently, dropping on one knee, then suddenly springing high in air, discharging their pieces, and all the time chanting a rude refrain, in which their own prowess was exalted and that of their enemies alluded to with contempt. Their enthusiasm was not abated by the announcement, quietly diffused, that the “medicine men” had been hard at work, and had succeeded in making a “medicine” which would surely bring the Chiricahuas to grief.
In accordance with the agreement entered into with the Mexican authorities, the American troops were to reach the boundary line not sooner than May 1, the object being to let the restless Chiricahuas quiet down as much as possible, and relax their vigilance, while at the same time it enabled the Mexican troops to get into position for effective co-operation.
The convention between our government and that of Mexico, by which a reciprocal crossing of the International Boundary was conceded to the troops of the two republics, stipulated that such crossing should be authorized when the troops were “in close pursuit of a band of savage Indians,” and the crossing was made “in the unpopulated or desert parts of said boundary line,” which unpopulated or desert parts “had to be two leagues from any encampment or town of either country.” The commander of the troops crossing was to give notice at time of crossing, or before if possible, to the nearest military commander or civil authority of the country entered. The pursuing force was to retire to its own territory as soon as it should have fought the band of which it was in pursuit, or lost the trail; and in no case could it “establish itself or remain in the foreign territory for a longer time than necessary to make the pursuit of the band whose trail it had followed.”
The weak points of this convention were the imperative stipulation that the troops should return at once after a fight and the ambiguity of the terms “close pursuit,” and “unpopulated country.” A friendly expedition from the United States might follow close on the heels of a party of depredating Apaches, but, under a rigid construction of the term “unpopulated,” have to turn back when it had reached some miserable hamlet exposed to the full ferocity of savage attack, and most in need of assistance, as afterwards proved to be the case.
The complication was not diminished by the orders dispatched by General Sherman on March 31 to General Crook to continue the pursuit of the Chiricahuas “without regard to departmental or national boundaries.” Both General Crook and General Topete, anxious to have every difficulty removed which lay in the way of a thorough adjustment of this vexed question, telegraphed to their respective governments asking that a more elastic interpretation be given to the terms of the convention.