Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1883
No. 396.
Mr. Morgan
to Mr. Frelinghuysen.
Mexico , May 9, 1883. (Received May 25.)
Sir: I transmit herewith the treaty entered into between the Republics of Mexico and Guatemala on the 27th September, 1882, the ratifications [Page 649] of which were exchanged at this capital on the 1st May, 1883, as published Officially in the Siglo Diez y Nueve of the 4th instant, together with a translation thereof.
I am, &c.,
treaty between mexico and guatemala.
The President of the Republic has seen fit to address me as follows:
Manuel Gonzales, constitutional President of the United States of Mexico, to the inhabitants thereof:
Be it known, that at the city of Mexico on the twenty-seventh of September, in the year eighteen hundred and eighty-two, between plenipotentiaries duly authorized to that effect, a treaty was entered into between the United States of Mexico and the Republic of Guatemala, in the form and tenor as follows:
The Governments of Mexico and Guatemala, desiring to bring the difficulties existing between them to an amicable conclusion, have agreed to enter into a treaty which will accomplish so desirable an object, and to this end they have appointed their respective plenipotentiaries, viz, the President of the Republic of Mexico has appointed Don Ignacio Mariscal the Secretary of State for Foreign Relations; and the President of the Republic of Guatemala, Don Manual Herrera, jr., envoy extraordinary and minister plenipotentiary (from Guatemala) near the Government of Mexico, who, after having exhibited their respective powers, which were found to be in regular order, and having before them the preliminaries signed by the representatives of both nations in the city of New York, in the United States of America, on the 12th of August of the present year, have agreed upon the following articles:
Article I.
The Republic of Guatemala forever renounces the rights which she has considered she had to the territory of the State of Chiapas and its district of Soconusco, and, in consequence, that territory is to be considered as an integral part of the United States of Mexico.
Article II.
The Mexican Republic properly appreciates the conduct of Guatemala and acknowledges the motives that have prompted the foregoing renunciation are as worthy as they are honorable, and declares that in similar circumstances, would have pursued the same course.
Guatemala on her part, satisfied with this solemn acknowledgment and declaration, agrees not to demand an indemnity of any sort in consideration of the foregoing stipulation.
Article III.
The boundary between the two nations shall forever be as follows:
- 1.
- From a point in the sea three leagues distant from the upper mouth of the River Suchiate, and thence following the deepest channel thereof to the point at which it intersects the vertical plane which crosses at the highest point of the volcano of Tacana, and distant 25 miles from the most southern pillar of the gate of Talquian, so that that gate shall be on the territory of Guatemala.
- 2.
- The determinate line by the vertical plane defined above until it touches the River Suchiate at the point of its intersection with the vertical plane which passes the summit of Buena Vista and Ixbul.
- 3.
- The determinate line by the vertical plane which passes the summit of Buena Vista, determined by the astronomical observation taken by the Mexican scientific commission, and the summit of the Ixbul hill, from where it intersects the former to a point four kilometers beyond said hill.
- 4.
- The parallel of latitude which crosses the last-named point, and from thence eastward until it reaches the deepest point of the River Usumacinta, or the River Chixey in case said parallel does not cross the first named river.
- 5.
- The middle of the deepest channel of the Usumacinta, in the one case, or of the Chixey in place of the Usumacinta, continuing thence, on the other, from where the said parallel touches one or other of these rivers, to where it touches the deepest channel of Usumacinta, twenty-five kilometers to the south of Tenosique, in Tabasco, to be measured from the center of the plaza of that town.
- 6.
- The parallel of latitude referred to above, from its intersection with the deepest channel, of the Usumacinta, until it intersects the meridian which passes at one-third of the distance between the centers of the Plazas of Tenosique and Sacluc, this distance being calculated from Tenosique.
- 7.
- This meridian from its intersection with the parallel above mentioned to the latitude of seventeen degrees and forty-nine minutes (17° 49’).
- 8.
- The parallel of seventeen degrees and forty-nine minutes (17° 49’) from its intersection with the anterior meridian indefinitely towards the east.
Article IV.
In order to trace the boundary lines upon maps to be made, and to erect upon the territory monuments which will show the limits of each Republic in conformity with the provisions of the foregoing articles, each of the two Governments shall appoint a scientific commission. Both commissions shall meet at Union Jurez, six months at the latest from the exchange of ratifications of this treaty, and proceed at once with the foregoing operations. They shall make surveys and maps of the same, and the result of their labors, agreed to by them, shall be considered as a portion of this treaty, and shall have the same effect as though they had been inserted therein. Their work shall be completed within two years, counting from the date of their meeting. If either of the commissions is not present at the expiration of six month?, as above stipulated, the other, at the time specified, shall commence its work, and the work done by it shall have the same force and validity as though it had, been the work of both. The two Governments will as soon as possible enter into an agreement which shall determine the details of the commissions and their work.
Article V.
The citizens of either of the two contracting parties, who, in virtue of the stipulations of this treaty, may be in the territory of the other, may remain therein for such period of time as may be convenient to them, preserving in said territory the properties which they may possess, or alienate them and transmit the price thereof whenever they like, without being subjected to any species of contribution, charge, or tax. Those who elect to remain in any of the territory ceded may retain their condition and rights of citizenship of the nation to which the territory formerly belonged, or acquire citizenship of the nation to which it is to belong in the future. But election of citizenship must be made of one or the other nation within the period of one year, counting from the date of the exchange of the ratifications of this treaty; and those who remain in said territories after the expiration of the year without having declared their intention of retaining their old nationality, shall be considered to be citizens of the other contracting party. Every species of property situate in the ceded territory shall be inviolably respected, and the actual owners thereof, their heirs and those who succeed them, may equally acquire said properties, enjoying, in respect to them, guarantees as ample as are enjoyed by citizens of the nation in which they are situated.
Article VI.
It being the object of both Governments in agreeing to the present treaty, not only to put an end to the difficulties which exist between them, but also to terminate and avoid those which have originated, or which may originate between neighboring populations of either country arising out of the uncertainty of the actual boundary lines, it is stipulated that within six months after the meeting of the scientific commissions mentioned in Article IV, a joint notice shall be sent by their respective Governments of the inhabitants, plantations, and farms which will certainly be located within the boundary line to be established in conformity with Article III. This notice received, each Government is authorized to immediately issue such orders as maybe necessary to establish its authority to these points, which is to come within the territory of the respective nations.
Article VII.
The present treaty shall be ratified in conformity with the provisions of the political constitution of the respective Republics, and the exchange of ratifications shall be made at this capital at the shortest date possible.
[Page 651]In faith of which the present treaty is signed and sealed by the plenipotentiaries
That the preceding treaty was affirmed by the Senate of the United States of Mexico on the 17th day of October, 1882, and ratified by me on the 4th of January of the present year.
That it was equally approved by the legislative assembly of Guatemala on the 25th day of December, 1882, and was ratified by the President of Guatemala on the 29th day of the same month and year.
And that the ratifications of the foregoing treaty were exchanged on this day in the city of Mexico.
Wherefore, I order that you print, publish, and circulate it, and give to it its proper execution.
To the Licenciate Ignacio Mariscal, secretary of state for foreign relations, and I communicate it to you that you may take notice thereof.