Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880
No. 473.
Mr. Evarts
to Mr. Morgan.
Washington, June 12, 1880.
Sir: I transmit herewith, for your information in the premises, and for your guidance in any future action that may be indicated to you should any such appear to be necessary, a copy of a letter of the 10th ultimo, together with its various inclosures, from the governor of the State of Texas, asking the intervention of the general government in a matter of vital importance to the citizens of that State living on the eastern shore of the Rio Grande.
The inclosures, as you will see, consist of the statement of the county judge of El Paso County and petitions signed by prominent citizens of San Elizario and Socorro.
The ground of complaint, as alleged, is that the Mexicans engaged in agricultural pursuits on the Mexican shore of the river are in the habit of diverting all the water that comes down the river during the dry season into their ditches, thereby preventing our citizens from getting sufficient water to irrigate their crops.
This, if true, would be in direct opposition to the recognized rights of riparian owners, and, if persisted in, must result in disaster and ruin to our farming population on the line of the Rio Grande, and might eventually, if not amicably adjusted through the medium of diplomatic intervention, be productive of constant strife and breaches of the peace between the inhabitants of either shore.
I have addressed a note to the Mexican minister at this Capital, requesting him to bring the matter to the attention of his government with a view to obtaining, if possible, alleviation from these annoyances.
You will, therefore, investigate the matter as carefully and thoroughly as possible, and will report the result to the Department, when, should the facts be found to bear out the allegations set forth in the inclosed correspondence, further action will be taken in the premises.
I am, &c.,
Governor Roberts to Mr. Evarts.
Austin, May 10, 1880.
Sir: I herewith most respectfully submit to you a letter from the county judge of El Paso County, in Texas, addressed to me, and letters of the citizens of said county, [Page 753] which caused said judge to write to me. They show a most deplorable state of things in that remote .portion of our territory. The Texas legislature has made no provision that would enable me to give present relief, to the suffering citizens, and for a future remedy for them I must request, so far as it may be proper, the aid of the United States, to secure them whatever rights they may have in a share of the waters of the Rio Grande. There is danger of trouble of a serious character in that section of our frontier if the Mexicans on the west side of the river are allowed to continue to take in their ditches all of the water that comes down the river during dry seasons, and thereby prevent our citizens from making crops.
I need hardly tell you that in all that portion of the Rio Grande country, agriculture, gardening, and fruit growing are mainly dependent upon irrigation, and that we often hear that it has not rained there a good shower for six, nine, and even twelve months at a time, and that the river at El Paso has been dry for many months. Just in proportion as New Mexico settles up and is devoted along the river to agriculture, the water of the river will more and more be consumed by spreading it over the land, and if what is left in the channel during dry seasons (that are frequent) should be allowed to be diverted to the Mexican side, that was first settled, those of our citizens residing on the east side of the river must abandon agriculture as a permanent occupation, in one of the most beautiful and fertile valleys of the continent for 60 or 80 miles below El Paso on the Rio Grande. I am informed that during last year they were reduced to the necessity of making crops in the bed of the river.
To excite a personal interest in that region of our State, I venture to mention a few facts. The Rio Grande just above El Paso bursts out of and through the mountains and runs through a broad basin valley for 60 or 80 miles and goes again into the mountains. The valley is shut up on the west by high mountains, and on the east by a high table-plain 4,000 feet above the gulf. This valley, being between 20° and 32° north latitude, and thus shut up as a basin, has the most uniform and mild climate that perhaps can be found in any place on this continent. And being dry generally during the year or most part of it, it is peculiarly adapted for a hospital for consumptives, and for persons afflicted with other kindred diseases. Of course, I mean by a hospital a place of resort and residence for the afflicted. It is adapted also, to the extent that it can be supplied with water, to the raising of the most luscious grapes and other fruits that are known.
The railroads are converging from different directions to meet in that valley, wherein there must arise, in a very few years, a great central city, accessible to all parts of the United States. Its want of great altitude, with its other peculiarities, will render it far more desirable as a healthful resort than those in the dry regions north of it. And, in a commercial point of view, it will be not only a great thoroughfare, but a place of exchange of commodities from the East, West, North, and South.
To return to the subject of the communication, I infer that the dam built across the Rio Grande is an ancient one, made, most probably, of loose rocks piled across the river, as is the case in other rivers that I know of, and although our people might easily remove the eastern end of it so as to let the water flow to them, still, as the population is much more numerous on the west side of the river, and far removed from any immediate governmental control, the probability, if not positive certainty is, that it would result in a hostility that would endanger the peace of that frontier. Therefore, if it can be adjusted between Mexico and the United States, it would be better, and hence I most respectfully submit it for your consideration, to take such action as the President may think proper.
With great respect, &c.,
Governor of Texas.
Dear Sir: I have the honor herewith to transmit several petitions, numerously signed by citizens of this county, asking to be relieved from the burdens of taxation for the years 1879 and 1880, for reasons fully set forth in said petitions.
These petitions, with signatures thereto attached, were presented to me by the commissioner’s court, with the request to forward to your excellency, that such action may be taken thereon as in your wisdom you may deem just, legal, and proper in the premises, and they especially desire, if you have the power so to do, that you cause to be suspended the forced collection of taxes in the county of El Paso until the meeting of the next legislature, at which time they desire most earnestly that you cause such petitions to be laid before that honorable body, that such action may be taken as they may devise.
May I not, governor, in this connection call your attention to what I consider the [Page 754] main cause of all our grievances, namely, the great scarcity of water, from which necessarily results failure of crops. The noble stream which has heretofore contributed so much to our comforts and wants, enriching our planters, and fructifying our soil with but few intermissions for many years past, we are now reliably informed that even from its source in the Territory of Colorado, and through the Territory of New Mexico, has been so tampered with and manipulated, diverted from its natural channel, and much of its waters wasted and lost in deserts, which, if restored to its natural channels, might have been sufficient to have supplied all of our necessary wants, and have prevented the sufferings we are now forced to endure.
We are confident that few, if any, understand the rights of riparian proprietors better than yourself, who, we assume, will decide at once that those occupying a stream above have no right to waste to the detriment of those below, and we confidently hope you will call the attention of Congress and also of Governor Wallace of New Mexico, to these abuses, and demand that suitable laws be passed and enforced for the protection of our rights, and I will also state that we have it from good authority that many temporary dams have been constructed across the river, thereby impeding the natural flow of water, resulting in many instances in the waste aforesaid.
So much for the complaint of the people of our own county.
Your excellency is doubtless aware that the Mexican people many years ago constructed a permanent dam at a point known as Hart’s Mills, about 1½ miles above our town of El Paso, Tex., and have assumed and still claim the right to control said dam, and have constructed and had in use for many years a large acequia or canal, which at low water drains every drop flowing down the river to the Mexican side, thereby depriving our people, at a time when most, in need, of their just proportion of the water.
Owing to our great necessities in a contest for water it was feared that a collision would take place; this, however, we managed to avoid by compromise and patching tip a hollow truce, which cannot continue long, though everything appears now harmonious.
Our people are determined to contend for one-half of the water flowing down the Rio Bravo, to which they think they are entitled by treaty stipulations, to wit, the treaty of Guadalupe Hidalgo, which says “the middle of the channel of the river from its mouth to the southern boundary-line of New Mexico, shall be the boundary between the two nations.”
The subject-matters which we have herein presented are considered of great importance, and having full confidence in your ability and zeal to serve the people of your State, we confidently hope that you will take such action in the premises as will put at an end the vexed questions which have so long perplexed us, especially on the frontier, and send to us such legal advice and instructions as your excellency and legal advisors may deem proper, so that, if possible, we may avoid future trouble so impending.
I have the honor to be, your most obedient servant, and with respect,
County Judge.
His Excellency Gov. O. M. Roberts,
Austin, Tex.
The State of Texas,
County of El Paso:
To the honorable the county commissioners’ court of El Paso County:
In view of the many and most critical circumstances through which we have had to run for so long a time, and which we are yet compelled to endure; and, furthermore, considering that these calamities will not cease for time unknown, we, the undersigned, citizens of the United States and residents of the town of San Elizario, county of El Paso, and State of Texas, have deemed it expedient to appeal to your honorable body for consideration of the following facts:
- 1st.
- That we are, generally speaking, all engaged in agriculture, this being the only branch of industry on which we rely for our support and that of our families. That the last year more than at any subsequent period for a long time past the circumstances for our pursuits were entirely unfavorable. The wheat crops were thoroughly insufficient to meet our pressing wants. In addition to this the water ceased running in the river in the month of June of the same year, time in which we used to irrigate our corn plantations for the first time, and thus we were prevented from irrigating our corn, on which account the crop was entirely lost, and at this time of the current year we are completely deprived of even the most limited and scanty means of living.
- 2d.
- The adversities referred to in the preceding statement were not confined to the last year of 1879, but continue being more and more oppressive as time rolls on, and [Page 755] the presage is that the future will probably be worse, for the reasons that the people being extremely in want, and seeing the river dry, until some thirteen days past, when the water commenced to arrive, and now is stopped again, were some for the first reason unable, and others for the second, discouraged to plant any wheat. In consequence, not knowing when the water will run permanently in the river, and being on this account uncertain of the favorable result of whatever little wheat has been planted, we see that our wants will only increase instead of diminishing.
- 3d.
- Some among us who besides agriculture have the advantage of owning some head of cattle and oxen, have had to experience great losses in these interests also. The rains have been so scarce that pastures are not to be found for cattle, and this contrariety added to the want of water has caused the death of great numbers of animals; besides we have been compelled to drive our oxen (for we mostly all have oxen to our wagons) in their deplorable condition of meagerness, through long distances of from 90 to 300 miles, not ignorant of the death that awaited them, but moved by the necessity of securing at least a temporary supply of food for our families; and by so doing have either killed them or left them in an unserviceable condition.
- 4th.
- Little remains to be said as to our pecuniary situation, be it
enough to state—
- 1st.
- That the possession of $25 by a man of the working class (and with but few exceptions we all belong to that class) is a topic of an animated discourse on the part of the owner, as we are all content in getting clothing and a little food in recompense of our hard labor.
- 2d.
- That those who, possessing any kind of property, either personal or real, might get some money by the selling of the same, cannot do so for the simple reason that there is nobody to buy for cash.
- 5th.
- In the midst of these distressing circumstances we have
unanimously concluded to appeal to your honorable body,
soliciting first your most earnest consideration of our
petition, and second, requesting you to duly and fully represent
it to the government of our State, soliciting from the same, at
the same time, for and in the name of the suffering citizens
residents of this town—
- 1st.
- An appropriation, either of money to buy provisions with, or of provisions which will be divided among the most oppressed element of our population;
- 2d.
- A dispensation of the taxes of the year 1879 (for those who have not yet paid them), and general dispensation of those corresponding to 1880.
We doubt not that our government, which on other occasions has shown its magnanimity and interest for the children of this county, will now manifest once more its paternal care by lightening the burden of misfortune under which we have so long and too patiently labored.
Hoping you will attend to our petition at your earliest opportunity, we have the honor of repeating ourselves, law-abiding citizens.
The foregoing is signed by forty-five names and the following certificate is attached:
I do hereby certify that the above petition is duly signed and sent by the residents of San Elizario, citizens of the United States, and that all the statements therein are true and founded upon facts.
Second Justice of the Peace, Precinct No.,4, and Mayor of Corporation.
We, the undersigned citizens of the town of Socorro, El Paso County, indorse the petition of the citizens of the town of San Elizario, hereto attached.
- JUAN ARMENDARIZ.
- MARIANO SIERRA.
- ROBERTO LUJAN.
- JULIAN ARIAZ.
- And 209 other signatures.
We, the undersigned citizens of the town of Ysleta, El Paso County, indorse the petition of the citizens of the town of San Elizario, hereto attached.
And 92 other signatures.