I remain, Mr. Secretary, your very respectful and faithful
servant,
Hon. William H. Seward,
&c, &c., &c.
[Translation.]
Department of Foreign Affairs and Government–Section of
Relations–Bureau of America, number 538.–Changes of the Channel
of the Rio Grande on the divisional line between Mexico and the
United States.
Chihuahua,
December 5, 1866.
I send to you annexed copy of a communication which the governor
of the State of Chihuahua addressed to me the 31st October last,
transcribing another from the political chief of the district of
Brazos, dated 17th of the same month, about the evidence there
should be in the archives of that legation respecting the manner
of proceeding of the boundary commission, and of what is
stipulated in article 5th of the treaty of the 2d February,
1848, on the permanence of the dividing line between the two
republics, which was not altered by article 1st of the later
treaty of 30th December, 1853, in what relates to the present
case.
Although the imperceptible changes caused by alluvion on the
banks of the Rio Grande could not be considered, it is not
possible to pass without notice the visible and important
changes caused by the force of the stream. It appears to be
founded in justice, and by the stipulations of the treaty, that
in respect of the noticeable portions of land which became fixed
on the opposite shore by the force of the river, the eminent
domain of the nation to which they belonged, and the private
rights which there should be existent over them, should
continue.
If that government admits these principles, and in conformity
therewith is disposed to give instructions to the functionaries
of the United States in the districts of the dividing line, it
seems it would not be necessary to do anything more at present;
but, in the contrary event, your excellency will please to
communicate to me what may be the principles of that government
in this particular, in order that what should be proper might be
done in respect of cases which already have occurred, and which
may easily continue to occur from the nature of the soil through
which the Rio Grande flows.
I assure you of my respectful consideration.
Citizen Matias Romero,
Envoy Extraordinary and Minister
Plenipotentiary of the Mexican Republic at
Washington.
[Translation.]
Mexican Republic–Supreme government of the state of
Chihuahua.
Chihuahua,
October 31, 1866.
The governor of Chihuahua transcribes a communication from the
prefecture of Brazos relative to the difficulties which are
presenting themselves by reason of the main channel of the Rio
Bravo on its immediate bank at the Villa del Paso.
The political chief and military commander of the district of
Brazos, in despatch No. 113, dated 17th instant, says to the
secretary of the government in my care, what I copy to the
letter:
“Since the year 1852, when the boundaries were marked which in
the future should divide our republic from that of the United
States along all this frontier, the deepest channel of the river
at the time when those boundaries were marked was designated as
the dividing line, and to fix them, the joint commission of
boundaries, having, in view the changeableness of the current of
the river, owing to the character of the soil which constitutes
its bed, made provision for designating that topographically and
astronomically, for which purpose a multitude of astronomical
observations throughout the whole extent were made by the two
commissions, and mainly by the Mexican, which gave the
situations in longitude and latitude of old Picacho, the initial
point, Morleros, El Paso, San Elizario, Presidio Viejo, Presidio
del Norte, San Carlos, &c., solely for the purpose of
connecting those points with the deepest channel of the river at
that period, that it might serve, as I have said, as a perpetual
boundary between both republics.
“The shifting nature of the soil through which the river runs has
caused, in course of time, a change in currents in different
parts, and more notably below San Elizario, where it has left
all the woodlands which belong to that town on this side, and in
this villa, in the partido of the chamizal, where jt has carried
away more than fifteen hundred varas, which before that were
owned by individuals, and now are slashes, sandy and ridged,
which, as previously stated, ought to belong to El Paso; but the
chief people in Franklin defend this land as theirs, as they
also defend in other places what the river has left on this
side, as is the case at San Elizario. We respect their
woodlands, which the river has left on the right
[Page 515]
side, (and they also defend them,)
because we are convinced that they belong to them; but they
neither respect nor recognize as ours the soil which the same
river has taken from us and left on the left front at
Franklin.
“To-day it threatens us, and perhaps at the beginning of the
year, or earlier, will divide El Paso, and the greater portion
of the town will be on the left bank. In such case, will the
part which remains on the left bank belong to the United States
? Should it be that the same river should return to its ancient
channel—that which it held in 1850—and leave on the right the
towns of Ysleta, Socorro, and San Elizario, in such case, will
these settlements belong to Mexico ?
“For these reasons this prefecture, considering the evils that
the river may cause to this settlement, has arranged to clear a
canal in the land which before was on the right, and now is on
the left of the river in front of this town, to see if it would
be possible to make it change its course, and place it at a
distance from the settlement by causing it to take another
channel more distant from it, although it should be on the same
ground; but the authorities at Franklin don’t allow this,
because they say it is already private property, and because
they have divided it up to various settlers, while we cannot cut
a stick in their woods that the river has left on this side
without their seizing our drays and oxen and making us pay heavy
fines.
“This prefecture, sir, places these facts in the knowledge of the
government through your worthy hands, that it may please inform
the President of the republic, and do what he may think proper
in the case, for it may doubtless happen that if the river does
not take to its old channel, it will divide El Paso, and, as is
very probable, may end in destroying that town. Please accept
the assurance of my esteem and distinguished consideration.”
I have the honor to transcribe this for you, sir, that you may
please agree with the President of the republic on the most
proper solution of the important matter of which the prefecture
of Brazos treats.
LUIS TERRAZAS.
The Citizen Minister of Foreign Relations
and Government,
Present.
Chihuahua,
December 5, 1866.
A copy:
JUAN VALDES, First
Officer.
