No. 259.
Mr. Morgan
to Mr. Frelinghuysen.
Mexico, August 12, 1884. (Received August 25.)
Sir: I have to acknowledge the receipt of your dispatch, No. 609, July 11, 1884, in regard to a dispute concerning the legitimate jurisdiction over certain islands in the Rio Grande near Roma, Tex., and in which I was instructed, to “formally ask that the Mexican Government forthwith cease any claim to territorial jurisdiction over the islands of Morteritos, and cause to be duly respected the boundary line to the south of that island and between it and the Mexican bank, as determined by the United States and Mexican commissioners in the survey.”
I was unable to obtain an interview with Señor Fernandez until the 31st ultimo.
I then informed him that, as he was aware, a question had lately arisen between our respective Governments concerning the legitimate jurisdiction over certain islands in the Rio Grande (Rio Bravo) near Roma, Tex., and the principal contention, and the one to which I would at present confine myself, was the island of “Morteritos,” the Mexican Government claiming that that island with its accretions belongs to Mexico, while the United States contends that the island, or what was the island, forms part of the territory of the United States.
I said that the boundary commissioners appointed under the treaty of Guadalupe Hidalgo placed this island within the jurisdiction of the United States, and that it having been joined by accretion to the north bank of the river, Mexico claimed not only the island but the accretion referred to, and that the Mexican authorities at Mier had assumed to exercise a jurisdiction not merely over the island but over that part of the territory of the United States which has since been accidentally joined to that island (Morteritos) by the closing of a waterway.
I further said that the efforts of the United States to assert jurisdictional power belonging to them of right has been resented as an unwarrantable interference and made the occasion of a complaint by Mexico which proves to be baseless. Notwithstanding this, however, the Government of the United States promptly acceded to a request of [Page 376] the Mexican minister at Washington, and directed its authorities on the frontier to avoid all pretext of conflict with the Mexican authorities until the question of ownership should be amicably settled, and that even now in communicating to the Secretaries of the Treasury and of War the conclusion arrived at by the United States Government that the island was wholly the domain of the United States, the request had been again renewed that the officers of the Government in that quarter should continue to avoid forcible assumption of jurisdiction.
I further said that the Mexican claim to jurisdiction appeared to rest upon two grounds:
- 1.
- A scientific report of the engineer, Garfias, dated 16th April, 1880, which argues that the present deepest channel to the northward must always have been the deepest (and thereupon under the treaty of Guadalupe Hidalgo the boundary line between the two countries) in pursuance of an observed peculiarity of views by which the deepest flow of water follows the hollow of a curve in the river bed.
- 2.
- Ownership by Mexican citizens, and an agreement among said owners in March, 1874, whereby the island of Morteritos and its accretions were confirmed to them under the authority of Mexico.
I informed Señor Fernandez that the second of these points must be dismissed from consideration, as the Government of the United States did not admit the right of owners of land to transfer under color of any judicial agreement whatever the territorial domain over their estates to the jurisdiction and sovereignty of the nation to whom such individuals owe allegiance.
I then said that this reduced the question to one of simple fact, namely, the ascertainment of the boundary channel fixed by the commissioners under the treaty of Guadalupe Hidalgo. This, I said, as I had remarked before, was done by the said commissioners, they having placed the island, at the time of the survey, within the jurisdiction of the United States.
I informed Señor Fernandez that I had been instructed to formally ask that his Government forthwith cease any claim to territorial jurisdiction over the island of Morteritos, and cause to be duly respected the boundary line to the south of that island and between it and the Mexican bank, as determined by the United States and Mexican commissioners in the survey.
I said to Señor Fernandez that on the 31st May last Señor Romero, the Mexican minister at Washington, had proposed to you to revive the proposed negotiations made by Señor Mariscal to Mr. Fish in the year 1875 for a convention to settle boundary disputes growing out of changes in the channel of the Bravo, and declaring that no such change shall affect the actual boundary fixed by the survey.
I said that upon the removal of the question of the island of Morteritos from the field of debate I was authorized to say that the Government of the United States would have pleasure in considering Señor Mariscal’s original proposition, which has lately been renewed by Señor Romero, as above stated, for negotiating a formal convention for the settlement of like disputes in future, but at the present moment, however, the Government of the United States could hardly be expected to attach much weight to that proposition if in the first case of dispute arising the Mexican Government was found to adopt a diametrically opposite course.
Señor Fernandez informed me that the question of the proprietorship of the island of Morteritos had been submitted to the proper Department, [Page 377] and that as soon as he should receive a report therefrom he would inform me of the decision thereof.
I suggested to him that as the question was one of importance I would be glad to receive his reply at as early a date as possible.
Señor Fernandez requested me to transmit to him a memorandum of the interview which we had had upon the subject, which I did on the day following (August 1, 1884,), which is substantially as reported in the foregoing.
I have seen Señor Fernandez upon several occasions since the 31st ultimo, but he has said nothing to me upon the subject further than that he had received no report from the Mexican authorities with reference to the island, and I therefore deem it proper to let you see that I have complied with your instructions.
I am, &c.,