Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1884
No. 265.
Mr. Romero to Mr. Frelinghuysen.
Mexico , June 12, 1884. (Received June 16.)
Mr. Secretary: Referring to the notes which I addressed to your Department on the 13th of March and the 24th May last, and on the 2d instant, in reference to the islands of Morteritos and Sabinitos, in the Rio Grande, of which Mexico has been in possession for the reason that she considered them as an integral part of her territory, I have the honor to inform you that I have this day received from the department of foreign relations of Mexico various documents showing the rights of Mexico to the said islands. I inclose a copy of the principal ones of these documents and of a drawing which was sent as an inclosure to the report of Engineer Garfias, of April 19, 1880, together with an index showing their dates and giving a brief outline of their contents.
It appears from the said documents that the aforesaid islands were to remain on the right of the deepest channel of the Rio Grande, when the demarkation of limits was made according to the treaties of February 2, 1848, and December 30, 1853, belonging consequently to Mexico, according to the report of Engineer Ignacio Garfias (inclosure No. 4); that, among various changes that took place in the bed of the river owing to freshets in the year 1865, the island of Morteritos became united to another which was quite near it, but the new island remained on the right of the deepest channel of the river; that Mexicans were the owners of the island contiguous to the right bank and citizens of the United States the owners of the other, but that when both were [Page 382] united all the parties interested made an agreement on the 9th of March, 1874, before the court at Mier, whereby Mexicans remained in possession of the whole island, that the island has been in the possession of Mexico since that time; judicial acts being exercised there, such as the establishment of a section of vigilance, and grain being sown by Mexican citizens; that another change which took place in the deepest channel of the Rio Grande left the island of Morteritos on the left side of the channel, and for this reason, on the 20th of January last, several armed persons from Roma, Tex., headed by W. W. Bohorman, the judge at Roma, in Starr County, Texas, invaded the island of Morteritos, destroyed several inclosures, drove out the Mexican owners, and divided their property among themselves; and that a short time before several residents of Roma had appealed to the judicial authorities of Texas, requesting them to declare that the island belonged to them by accession.
I shall not now stop to speak of the incident relative to private property on the island of Morteritos, which, as appears from the inclosed document, was declared to belong to Doña Guadalupe Garcia, according to the decision of the supreme court of justice of Mexico, dated October 24, 1836, because in this note I am simply endeavoring to demonstrate its nationality, that is to say, that it forms a part of the territory of Mexico.
Without prejudice to the subsequent transmission to you of the report of the engineer who has been sent by the Government of Mexico to the Rio Grande to make a study of this subject on the spot, together with such other data as I may hereafter receive from my Government, I have the honor to inform you that the department of foreign, relations of the United States of Mexico has informed me, by a note bearing date of the 28th of May last, that—
In the inclosed documents there are irrefutable and full data, showing unmistakably the right of eminent domain of Mexico to the island of Morteritos, among them the survey and the sounding made by our consul at Rio Grande City, the agreement made by the inhabitants of the two countries before the court at Mier with regard to the possession of the land on the island, the report of Engineer Garfias, and the fact that a section of vigilance was established on the island without any attempt having hitherto been made by the Government of the United States to exercise jurisdiction on that island or to interfere with that of the Mexican authorities.
In view of these considerations, the Government of Mexico instructs me “to request that of the United States to issue the necessary orders to the end that the free action of the Mexican authorities on that island may not be obstructed.”
Be pleased to accept, &c.,
Mr. Almaraz to minister of foreign relations.
Rio Grande City , December 26, 1879.
Desiring to comply, to the best of my ability, with the instructions which you were pleased to communicate to me by your note No. 7, dated the 9th of August last, directing me to prepare a report upon the true situation, and other circumstances of an island in the Rio Grande which is used as a place of refuge for smugglers, according to the statement of the chief of the customs, section of Camargo, I have the honor to inform you that I have been to visit the aforesaid island, and to measure myself the depth of the two branches of the river which form it.
[Page 383]The island is, indeed, very near to the town of Roma, opposite to the Ameriean rancheria called Los Saenz on one side, and on the other being opposite to the Mexican ranehes called Guardado and El Morterito, which is about 2,500 meters in length, and about 200 in width in its broadest part, and owing to its situation is really very favorable to smuggling operations.
I measured the depth of each channel of the river fourteen times in different places of its longitudinal extent, and obtained the following results, which show the differences in depth.
Sounding of the northern channel, American side: 1 m., 16; 1 m., 24; 1 m., 47; 1 m., 51; 1 m., 72; 1 m., 78; 2 m., 35; 2 m., 70.
Sounding of the channel on the Mexican side: 0 m., 71; 0 m., 89; 0 m., 96; 1 m., 05; 1 m., 32; 1 m., 40; 1 m., 52.
This latter channel, according to information, sometimes becomes dry, while the other always has water. From all this it appears that the deeper of the two channels of the Rio Grande, which form the island, is the one on the north, and according to the fifth article of the treaty of friendship and limits of 1848, and article 1 of the treaty of Mesilla, that the island is to be considered as a part of our national territory. As to the history of the island, I have gathered the following data:
The Rio Grande was formerly divided at the island into three divisions or channels, one of them being central and following the original direction of the river, and two being lateral and separated, one towards the north and the other towards the south, after which they again met, leaving between them two strips of land, one of which was considered American and the other as Mexican soil, their owners belonging to the two nationalities.
In the year 1865 there was a large freshet in the Rio Grande which caused various changes in its current, among which was that the two strips of land in again becoming united formed the present island. I myself have seen marks of the former division of the island, which was still very apparent, and I have passed through the former channel of the river. When the two parts of the island became united their various owners privately agreed to own, in equal parts, that which had recently been formed. They soon disagreed, however, and had recourse to the law and terminated their dispute by means of the written agreement which was authenticated before the court at Mier.
I had not asked the court at Mier for any information with regard to the truth of this, because I did not know whether such a proceeding on my part would be approved. I think, moreover, that if such a document is necessary, it will be obtained more readily by your department.
I must inform you, in conclusion, that I was accompanied during my examination of the island by the chief of the customs section of Camargo and by Don Juan Villareal, a respectable person, who is the judge of the civil register at Camargo and likewise judge of the supreme court of the state of Tamaulipas, and that we proceeded with the utmost discretion, preferring to make our journey on the Mexican side, although it was thereby rendered longer and more difficult.
I renew to you the assurances of my most respectful consideration.
Cayetano Romero, Secretary.
Mexico , February 4, 1880.
Under date of the 18th of January last the maritime and frontier custom-house at Matamoros wrote to this department as follows: The chief officer of the customs-section at Camargo, by a communication numbered 192, and dated the 31st of December last, wrote to this custom-house as follows: I have the honor to inform you that during the month just closing nothing worthy of special remark has occurred in the section under my charge. Although diligent efforts have been made to punish smugglers, especially in the district lying west of this city, it has not been possible to arrest any of them, because, as I said in my last report, those who convey their goods to the interior via Roma take a westerly direction from Mier, having abandoned their old route of Arroyo de San Antonio and the Aldamas ranch, and making their exit near Villa de Parras, or they wait until the last part of the month, and then avail themselves of the absence of the dragoons who come to be reviewed. With the consent of the commanding officer of the federal force, which is under my control, I ordered that the party should not return this month, hoping that some of the smugglers who avail themselves of this temporary absence might thus be captured.
[Page 384]Of the result of my efforts I will inform the custom-house under your charge. At the request of the Mexican consul at Rio Grande City (who desired that we should go together to the little island that is nearly opposite Roma, to which I referred in my communication of June 14, No. 266), I went, in company with him, on the 24th instant, for the purpose of making an examination. The said island measures nearly 3 kilometers from east to west, and about 200 meters in its widest part; the narrowest channel, which is on the Mexican side, is 1 meter and 52 centimeters deep in its deepest part. We took more than twenty soundings, and found a depth of 71 centimeters—89, 96, 105, 132, and 152.
According to the statements made by the people at Morteritos ranch, which is situated on the right bank of the river, it has but little water, which is not the case in the north channel; and this is understood, because we found in more than twenty, soundings, which were taken in its entire length, from the western extremity of the islet to the eastern, the following depths: 1 meter 16 centimeters, 1.24, 1.47, 1.57, 1.72, 1.78, 2.35, and 2.70; the difference between the greatest depths in the two channels being 1 meter and 18 centimeters, and that between the smallest depths 45 centimeters. The island is jointly owned by residents of both sides of the river, there being two boats on the Texan side and two on the Mexican side, which are engaged in carrying passengers either to the opposite bank of the river or to the islet, which, as stated in my report, which report occasioned the examination by the consul, “favors the operations of smugglers, who can leave Roma, go to the islet, and wait there until the coast is clear.” I have the honor to transmit to you the foregoing (although your department has probably received some communication on the subject from the “consul of Mexico at Rio Grande City), in order that, as regards the joint occupation of the island by Mexico and the United States, you may be pleased to adopt such a decision as may be proper, and to inform this department thereof.
To the Chief Clerk in charge of the Department of Foreign Relations, present.
A copy.
Secretary.
In the city of Mier, on the 9th day of the month of March, 1874, the citizens Luciano Muñoz, Cesareo de los Santos, Florentino Lopez, Serafio Muñoz, having met together, both in their own behalf and as representatives of their brothers, Simon Trevino in his own behalf, and as the representative of his brothers, Vicente Vela, Wenceslao Martinez, Octaviano Longoria, the three last named representing their wives and Rafael Garcia, some of them being residents of Roma, Tex., and others of this city; also Francisco Canales, representing his wife, Sabás Saldaña, in his own behalf, and representing Jorge Garza, his brother Juan de la Garza for his wife, and representing the children of the late Antonio Garza and Rafael Peña Garza, as representatives of their mother, Doña Plácida Garza, all of this place, for the purpose of deliberating with reference to a compromise for the final settlement of the dispute which had grown out of freshets in the river near the island of Morteritos, which adjoins land belonging to the former. These proposed to settle the difficulties, so far as they were concerned, if a piece of land was sold to them, whose dimensions and price were to be fixed by agreement, and when the said proposal had been accepted by the heirs of the island of Morteritos, they agreed that the latter should sell to the former & piece of land that, being adjacent to that of the latter and to the right side of Morteritos, should be, both on the river’s bank and on the side which borders upon land belonging to the Pẽñas, 135 paces in length, and of the following width: to extend from the place where the river touches Brazo de Texas to where it touches the land belonging to the Pẽñas on the line given by both parties, for the sum of $80, by means of a bill of sale which they would give extra-judicially for ail legal effects, thus terminating the dispute wholly and forever; that the permanent lines in the present agreement shall be fixed by common consent by both parties interested, drawing them with a line of stakes in order to avoid disputes in future; that if any lawsuit or misunderstanding shall arise hereafter, the Messrs. Muñoz and associates shall help in proportion to the accretions received by them (caused by the freshets), to defray the expeuses and costs occasioned to the Messrs. Pēñas; that after the present agreement has been signed by all the parties, it shall be judicially authenticated and placed on file, and for its fulfillment they pledge their property, both present and future. [Page 385] And in testimony that they will so fulfill it, they cause this document to be drawn up in the place and at the time aforementioned, signing it together with Messrs. Ambrosio Gonzales and Porfirio Zamora as assisting witnesses.
Representing my father,
For himself and representing his brothers.
On this day appeared before this court the citizens Francisco Canales and Octaviane Longoria, both in their own behalf and as representatives of their co-heirs, who signed the foregoing agreement, requesting that, in order that the said agreement might have greater force and validity, it might be authenticated by this court and filed among its other public documents.
And I, the judge, complying with the request of the aforesaid Messrs. Longoria and Canales, lend the sanction of my authority and judicial decree to the end that the foregoing agreement be considered as a public instrument, and I order the original thereof to be filed among the public instruments as requested by the parties, and that a copy or copies thereof (as they may desire) be furnished to them. And in testimony hereof I issue this document.
Refugio Garza, third constitutional alcalde, pro tem., of this city, signing it with my assisting witnesses, with whom I act, according to law. I certify Cástulo Perez assistng Ramon Hinajosa. Charges, not iincluding cost of paper, $4. A copy of the original which is in the city of Mier, as I certify on this 24th day of March, 1880. Tomas Ramirez Ramirez, third constitutional alcalde, pro tem., of this city, and the assisting witnesses.
I certify.
- TOMAS R. RAMIREZ,
Assisting. - ADOLFO GARCIA,
Assisting. - RAMON HINOJOSA,
A copy.
Secretary.
Mr. Ignacio Garfias writes to this department, under date of the 16th instant:
“On my return to this capital, after having acquitted myself of the commissions which you have been pleased to honor me with, it is now my duty to report to you the result of each of them.
“Beginning in chronological order, I occupied myself with the reconnoitering of the Rio Bravo del Norte, in that part of it which is occupied by the islands near Roma. According to the tenor of the communication of your department, and of the articles of the treaty of Guadalupe, signed with the Government of the United States of the North on the 2d of February, 1848, relative thereto, the point to be ascertained is whether, in conformity with this treaty, the islands are national territory or belong to the neighboring country.
“The text of the fifth article of the treaty is: ‘The dividing line between the two Republics shall begin’ &c. ‘It shall run in the middle of said river, following the deepest part of the channel; where there is more than one channel,’ &c. ‘The dividing [Page 386] line that is established by this article shall be religiously respected by each one of the two Republics, and no variation shall ever be made to it,’ &c.
“In view of these clear and definite clauses it was necessary to determine not only the actual state of the channels, but also the state in which they were, according to the system of the river and the maps relative thereto, at the time of the drawing of the limits.
“It is not, in fact, the line as it exists at any period that the boundary commission recognized as the limit. In view of the constant necessity of applying the articles of the treaty to all the cases that may require them, they have been led to create a doctrine that may be expressed in the following words:
“The original nationality (that which existed at the time of the drawing of the limits) is conceded to all portions of land that have, owing to some variation in the basin of the river, passed subsequently from one bank to the other of the river, and only in cases of criminal jurisdiction is it admitted that the authorities of each country can extend their action to those portions of territory that have remained on the bank that belongs to them, though the nationality of those lands may be different for the apprehension of delinquents of their respective countries. It has been observed, in fact, in the first cases that occurred after the change of embankment that the original nationality being recognized and not meeting any natural obstacle, criminals would take refuge there pending the formal request of extradition to arrest them. This interfered with the prompt course of the tribunals, and to obviate these difficulties the doctrine was established, which remaius in force on all the frontier and is religiously observed by all the authorities of both sides of the river. There are many cases that prove the strict observance of this tacit convention. Among others I shall mention one of the most notable. When the American military encampment of Santa Maria was established on the bank of the river a change in the basin took place on the right side, leaving on the left a considerable extent of land, though between this land and the encampment there has been since then no obstacle that would interfere with a free access, and it has formed since then an integral portion of American territory at one of its military posts. As this is simply a fact caused by a case of vis major, the right of Mexico has continued to be respected, and the owners of this land continued to pay their taxes in Mexico, and are subject in everything to our laws. Many other similar cases are met with on both banks of the river, and in all of them the same practice is observed, at least so far as the State of Tamaulipas is concerned.
“In view of these facts and conformably to what the treaty establishes in this respect, that no variation shall be recognized, but that the limit shall remain always the one marked out by the river at the time of the drawing of the line, I thought it necessary not to limit myself to determining the actual state of the basin, but to deduce the locality of the deepest channel at the time the plans of the dividing line were drawn, taking as data the form of the river as it is found in those plans, and studying and determining its character at different points from its mouth to the one in question. As is known, in every river the channel is formed on the concave side of the curves, the accretions of soil being formed on the convex side. In the different rivers that I have studied, the surveys of which may be consulted in the archives of your department, there is not one single case that is not conformable to this rule. It is so generally recognized in all the localities where the proximity of a river allows this observation to be made, even by its most ignorant inhabitants, that they, in their characteristic language, use an aphorism as exact as it is expressive— “Huye de la playa y cargase al barranco” (“Avoid the playa and load up at the barranco”). They call, in fact, playa those banks formed by the deposit which the waters abandon at low tide, and barranco the accessible part of the dikes that the shock of the currents is constantly undermining, determining there the greatest depth. Now, then, as well by observation as by the commonest rules of natural philosophy, one knows that the shock of the currents is on the concave part of the curves, the waters, in fact, following the direction affected by the dikes that hold them, when this direction is interrupted by a curve. What happens in reality is that any obstacle interposing itself so as to prevent the waters from following the line drawn for them by the basin, they do not change their direction unless obliged by that obstacle, the shock between them producing the consequent breakings of the ground. On the contrary, the waters, following the direction of the tangent of the curves, remain in relative tranquility all along the convex side, the deposit of all the bodies of greater density dragged along by the current being produced there. In a few cases fact and theory conform as well. It can be established as indisputable that the channel of a river is always on the concave side of the curves, and one can, deduce from this principle what the deepest channel was at the time of the drawing of the limits, taking as data the form given to the river in the respective plans.
“Before the bifurcation of the river that formed the little island of Sabinitas the convexity was on the Mexican side; this detail leaves no doubt respecting the place of the deepest channel at the time of the bifurcation of the river. There is, however, the circumstance that all the great curve (in which the little island is comprised, as [Page 387] well as the American town called Roma) holds the concave part on the left side and the convex on the right, leaving the coast on Mexican soil. It is clear that the channel must have remained all along the left bank, leaving the little island on the right. In corroboration of that, which theory forces us to deduce, there is the fact that there exist breakers at the mouth of the channel on the right, formed by solid ground (pebbly conglomeration) that since its origin has prevented all traffic through the right channel. It is therefore evident that the only practicable channel has always been the one on the left, this being consequently the frontier one, and for the same reason the little island belongs to Mexican territory. As is seen by the plan that I annex, the change that has occurred in the basin up to date is reduced to the enlargement of the channel on the left in the bifurcation, this having marked more prominently the dike in that part, and verifying still more with this fact the doctrine affirmed.
“The soundings that were made had no result, and I would have omitted them if at the time I could have foreseen the existence of the breakers; however, the order and direction in which the plans were drawn were such that the said breakers could not be reached till after the taking of the soundings of the sections marked in the plan. In the little island of Morteritos, nevertheless, the concavity affected by the basin is more marked in the left dike, which proves, refuting anterior arguments, that the deepest channel has always been the left one. If one compares the original plans with the one I forward it will be seen that the change that took place consisted in having produced an accumulation of earth toward the right in such quantity that the central channel that formed two little islands has disappeared, leaving a single island, and in which the waters have broken the western extremity of the islet, leaving a small part to the left, which gives to the channel of the same side a much more direct access.
“The ground accumulated toward the right of the convex side and the formation of a new basin on the concave side proves the exactness of the principle established. To determine the actual state, a survey was made in a longitudinal direction, sounding the channel and determining the deepest points; then were taken the transversal sections. As is seen by figures Nos. 5 and 6, relating thereto, the south channel obtains a maximum depth of 2 meters, and the north channel reaches 2 meters and 90 centimeters, without having, besides, any sand bank that prevents or interferes with navigation, being, on the contrary, more uniform in its depth than the one to the right. The statement shows in the clearest manner that the two islets to which I have referred occupy the right border of the deepest channel of the river in its actual state, and that they must have been in equal condition at the time of the drawing of the limits, as both science and experience demonstrate.
“This much for the technical part; let us see now what tradition and use can show us in this respect. Before the drawing of the dividing line the two islands were indiscriminately used by the inhabitants of both banks of the river; those of the right made a more frequent use of them because access was easier to them, owing to the fact of its drying up at low water, and being much less deep at high tide, they could cross the channel dry footed in the first case, and seldom deemed it worth while to take a boat in the second. Since the tracing of the limits Mexican citizens exclusively have made use of the two islands. In the island of Sabinita there has been up to date no efforts to attempt to interrupt this custom; in that of Morteritos the residents of the American side have attempted to go over to the islet to take wood. However this has been the object of immediate reclamation, the result being that the abuse has been almost entirely corrected, and only during the night and stealthily have they returned to renew the attempts; on the contrary, in the two islands, there are farms sown by the rancheros of the Mexican side. This custom and quiet possession have never been disputed by any one. All of them had knowledge of my mission they accompanied me in my operations, and were truly astonished that the Government had thought it necessary to examine on whose side was the right to the islets when there has not been the slightest motive for questioning it, at least in the locality itself. There is the peculiarity that both islets are uncultivated and that notwithstanding the fact that no one’s ownership is acknowledged, by prior or tacit agreement the sowing of the one is respected, while the others confine themselves to taking fire-wood or lumber, the trade in which is the principal industry of San Pedro.”
It is really satisfactory to be able to quote these facts, which are the most definite corroboration of my deductions, and conclusively clear up the question given to be solved. By order of the President of the Republic I have the honor to transcribe to you the foregoing for your information, and as a result of your dispatch relative thereto, dated 11th of July of the past year.
Liberty and constitution.
Chief Clerk.
To the Secretary of Foreign Relations, present.
A true copy.
Secretary.
Mexico , April 26, 1880.
The chief clerk in charge of the department of public works writes as follows:
“Citizen Ignacio Garfias: I have the honor to transmit it to you for your information, and of result of your communication of the 8th (?), of 1879, staging that in view of the scientific report of Engineer Garfias, inclosed in this communication, and of the one sent by the consul of Mexico in Rio Grande City, which I had the honor to inclose in my dispatch of the 7th of February last, that the islands of Sabinito and Morteritos, situated near Roma, Tex., belong entirely to the territory of the Republic.”
To the Secretary of State and of the Department of the Treasury.
A true copy.
Secretary.
Mexico , June 10, 1880.
In view of the contents of your communication of the 26th of April last, in which you transcribe the one you sent to the department of public works, inserting the report presented by Engineer I. Garfias, relative to an islet that is found in the Rio Bravo, near Roma, Tex., the President of the Republic has been pleased to order that a section of two members of the police force of Camargo shall be established on said islet for the purpose of preventing the contraband trade that is there carried on through that islet.
I have the honor to transmit it to you for your knowledge, as a result of your communication relative thereto.
To the Secretary of Foreign Relations, present.
A true copy.
Secretary.
Transcribed telegram, dated 23d instant, accompanying copy of statements received by the authorities of Ciudad Mier, on account of the invasion of Mexican territory by American citizens, begging that necessary measures be taken to prevent such a flagrant violation of the treaties.
Victoria , February 23, 1884.
Under date of the 23d I said to you by telegram the following:
“Texans headed by W. W. Bohrman and O. W. Brewerton invaded and took possession of the island of Morteritos in the Rio Bravo, despoiling and expeling Mexican citizens who own it, residents of the city of Mier. Said island belongs to Mexican territory because it |remained on the right of the largest arm and the deepest channel at the fixing of the limits of the two nations. Please inform the President of what has occurred in order that he may take the necessary measures. By mail I send detailed information.”
In fulfillment of the preceding message I have the honor to send you a copy of all the statements received from the authorities of Mier City, in order that the President [Page 389] of the Republic ma/y be informed through them, and that he may dictate the measures that are in his power to prevent this invasion of national territory in flagrant violation of the treaties.
- JUAN GÓHAN.
-
Mariano A. Llorente,
Secretary.
To the Secretary of Relations (Foreign), Mexico.
A true copy.
Secretary.
Presidency of the Republican Municipality,
City of Mier , February 15, 1884.
As the Government will, acquaint itself by the inclosures that I have the honor to annex, a party of fifty men, coming from the State of Texas, and headed by W. W. Bohrman and O. W. Brewerton, took possession, on the 20th day of January last, of the island of Morteritos, in the Rio Bravo del Norte, an island in the possession of its owners, residents of this city, and appertaining to the territory of Mexico on account of its having remained on the right of the larger arm and deepest channel of the Rio at the fixing of the limits of the two nations by the treaties of 1848 and 1854, that established as the dividing line between the two Republics at the parallel of the 31° 47′ latitude north, the deepest channel of the river where there was more than one channel, as it was at that time.
The invaders on taking possession of said island drove away with threats the owners who were found sowing the ground. They cut down and carried off timber, they scattered over the island, destroying the fences and buildings that were there, made by the owners, residents of this city. A recent change made in the channel of the Rio by the swelling of the waters has given occasion for the event, because, owing to this change in the basin, the island of Morteritos, that was, at the date of the treaties of limits on the right of the larger arm and deepest channel of the Rio Grande, has now remained on the left of it.
The political authorities here were informed of the event by Don Manual Garza Pena, resident of this place and one of the owners of the island that were driven away from it by those that invaded it. I instituted an inquiry on the situation of said island of Morteritos, the result of which was that by the declarations of Don Francisco Flores Gonzales, commissioned colonel of cavalry, native and resident of this city, seventy-eight years of age; Don Anastasio Barrera, land-holder and resident, sixty-eight years old; Don Juan Sabas Flores, land-owner, native, and resident of this city, seventy years old; Don Pedro Barrera, land-holder, resident of this city, fifty-one years old; Don José Nazario Rodriguez, land-owner, native and resident of this city, sixty years old, and Don José Maria Garza Pena, land-owner, native and resident of this city, fifty-two years old, all personally known to the undersigned, president of this republican council, and all persons that, for their age, capacity, instruction, probity, the independence of their means, and their personal antecedents, have always deserved faith and credence, having no direct or indirect interest in said island of Morteritos; the result, I repeat, of which was that by the declarations of these individuals, “the said island has always belonged to Mexico and been under the jurisdiction of Mier, the heirs of Don Francisco Garcia possessing it by ownership, one of whom is Don Manuel Garza Peña, already referred to; that though there has recently been a change in the deepest channel of the river, before this the largest arm of the same, and its deepest channel have always been on the side of Texas, so much so that the steamer during the war with the United States used to pass through it, and a long time after.”
In view of these declarations, and besides because it is notorious that said island has always been recognized by all, both authorities and inhabitants of both banks of the river, as Mexican territory and an integral part of the municipality of Mier in the State of Tamaulipas, to which municipality and State it has always paid the taxes there established, as the owners can prove by their receipts, I ordered the administrator of justice of the demarkation of Guardado, in which the said island is placed, to verify the facts as they were stated by Don Manuel Garza Peña.
In view thereof, there being no in Starr County, Texas, whence the invaders came (i. e, W. W. Bohrman, justice of the peace of the town of Roma, and O. W. Brewerton, [Page 390] the surveyor of that county, and residents of the same, who accompanied them), I addressed to the county judge of Starr County the letter of which a copy is given, in reply to which I received a letter from that judge, of which I inclose a copy in order that the Government may he informed of the event, which is of great importance to the integrity of our territory, if left as a precedent uncared for by the authorities, because other events of the same nature will follow, and in view of the accompanying documents, may take suitable measures in the case, addressing the supreme Government, I hasten to inform it of all that is stated in this communication and copies annexed, hoping to receive the determination reached on this subject, observing that the invaders have had recourse to the tribunals of Texas, begging that the land of said island of Morteritos should be declared to have been acquired by right of accession by the owners of the land on the left bank of the Rio Bravo del Norte.
- C. G. GARCIA.
-
Ambrosia Gonzalez,
Secretary.
Citizen Governor of the State, Victoria City.
A copy.
Secretary.
Mier , January 29, 1884.
Don Manuel Garza Peña presented himself and stated that a crowd of about fifty individuals, residents of and coming from Texas, headed by the judge of the peace of Roma, W. W. Bohrman, and by the surveyor, O. W. Brewerton, on the 20th instant, invaded the Mexican territory and committed acts of spoliation in the island of Morteritos, which is Mexican territory, included in this jurisdiction, and belongs to individuals, residents of this municipality. The complainant adds that they broke the fences, cut down timber, and threatened the servants of the owners that they met there with assault if they remained on the island. As this occurence, if it really took place, is of such gravity that it requires that the authorities proceed with the greatest thoroughness and rapidity to verify and apply a speedy remedy, as soon as you receive this communication, you will proceed to verify the facts and report in writing immediately that which is proper; and I advise you that the complainant states that Messrs. Don Felipe Muñoz, Don Francisco Guerra, Don Anastasio Medina, and Don José Maria Gonzalez were witnesses to the invasion, and Don Cipriano Perez, José Maria Gonzalez, Matias Guzman and Merced Garcia to the destruction of fences and carrying off and cutting down of timber, and that among the individuals those known are Antonio Escobar, Prudencio Escobar, Jesus Saenz, Ramon Escobar, Santos Escobar, Tomas Saens, Juan Saens, Eugenio Ibanez, Timoteo Garza, Carlos Garza, and Justo Salinos, all residents of Texas, except Eugenio Ibanez, who is an inhabitant of this city.
- C. G. GARCIA.
-
Ambrosia Gonzalez,
Secretary.
Citizen Administrator of Justice for Upper Guardado.
I certify that this is a copy of the original.
- C. G. GARCIA.
-
Ambrosia
Gonzalez,
Secretary.
A copy
Secretary.
Office of the Chief Justice of Guardado, Republican Council,
Upper Guardado , January 29, 1884.
I have received your communication in which you order me to proceed to investigate the facts about the island of Morteritos, and in fulfillment of your order of to day I went to the Ranch of Morteritos to make suitable investigations, and proceeded [Page 391] in the following way: I summoned the parties who had witnessed the destruction of timber in the island to meet and present themselves before me, and took the depositions of citizens Cipriano Perez, José Maria Gonzalez, Matias Guzman and Merced Garcia. I went afterwards in company with two of the number and the interested party to the island for more information concerning the facts. I met with destruction of timber of all kinds, beside what the individuals were able to carry away, because one can see the havoc which they committed, destroying inclosures and breaking the fence in four places, the first place occupying 4 paces; the second, 11; the third, 3; and the fourth, 5, to which I give testimony. After this I went to Rancho Nuevo in company with one, an interested party, to inquire for Félipe Muñoz, Francisco Guerra, and Anastasio Medina, and found them ready to testify as to the invasion; of all of which I advise you for your guidance and consequent purposes.
I certify that this is a copy of the original.
- C. G. GARCIA.
-
Ambrosia
Gonzalez,
Secretary.
A copy.
Secretary.
With your communication of the 23d of February last, copies were received in this department of the statements referring to the invasion of the island called Morteritos belonging to the national territory, by individuals from Texas.
To enable this department to take the necessary steps, I beg you to inform me, with the least delay possible, whether the change in the currents of the Rio Bravo, owing to which the said island has remained on the left side of the largest arm and the deepest channel of said river, was effected in a slow manner during the course, of time, or whether this change was sudden and violent, determining in a little while the present situation of the above-mentioned island.
You will please, for the further illustration of the point in debate, annex to the required information a sketch showing with due precision the present position of the island of Morteritos and its previous one.
To the Governor of the State of Tamaulipas, Victoria City.
A copy.
Secretary.
Mexico , February 29, 1884.
By a telegram dated yesterday the collector of customs of Mier sends the following message to this department:
“I have received information of the existence of contraband dealings in foreign horses and cattle on lands in the island of Morteritos; however, as it is situated in the Rio Bravo, I have consulted the president of council as to whether it was Mexican territory, and he informed me that it had always been considered as belonging to this jurisdiction; that, however, in consequence of the late freshets, the course of the river had been changed, and the nationality of it is now being argued before the American courts, a circumstance which has made me hesitate in coming to a decision, begging you to tell me what I must do. It is also proper for me to inform you that a few days ago American custom-house guards, by order of the collector, seized some Mexican cattle on said land, and insisted on security from the owner pending the decision of the courts. I hope to hear promptly by telegram what you decide.”
I have the honor to transcribe this to you, begging you to tell me with all the speed the case requires, whether the island alluded to is part of the national territory, and [Page 392] whether the Mexican authorities exercise jurisdiction over it, so that in view of this information this department may adopt the necessary measures respecting the fiscal service.
To the Secretary of Foreign Relations, present.
A copy.
Secretary.
The governor of the State of Tamaulipas informed this department, by a communication of the 23d of February last, that several individuals from Texas, headed by W. W. Bohrman and O. W. Brewerton, invaded the island of Morteritos, in the Rio Bravo, and took possession of it, dislodging from the same the Mexican citizens who possessed it, who were residents of Mier City.
From the investigation made by the council of this city of Mier and from the statements and inclosures, copies of which were sent to the governor, it appears that the invasion took place on the 20th of January of this year; that the island, which was inhabited by residents of Mier, has always been considered as an integral part of the territory of Mexico, being on the right of the largest arm and the deepest channel of the Bravo at the fixing of the limits of these two nations by the treaties of 1848 and 1854, which established as the dividing line as far as the parallel of 31° 47′ north latitude the deepest channel of the river, where it had more than one channel, as it had at this point, and that by a, recent change made in the channel by the freshets in the Bravo, the island referred to has remained on the left of the largest arm of the deepest channel of the said river.
In order to adopt suitable measures, this department asked information from the governor of Tamaulipas, relative to the change in the currents of the Rio Bravo, owing to which the island aforesaid has remained on the left bank of the largest arm of the deepest channel of said river, whether it occurred in a slow manner in the course of time, or whether the change was sudden and violent, determining in a short time the present situation of the said island.
I also asked said functionary to join to his report, for the better illustration of the point, a sketch in which could be seen with due precision the present position of the island and the one it held before.
The above-mentioned governor has answered by a communication of the 7th of the current month, inclosing a letter sent to him by the president of the council of the city of Mier, in which he says it is impossible to comply with the request of this department, for want of an engineer to make the required sketch. In view of the importance of this matter, and for the purpose of adopting suitable measures, I beg you to name an engineer that could go in person to examine the disputed spot, in order to present to this department the information and sketch requested from the governor of Tamaulipas.
To the Secretary of Public Works.
A copy.
Secretary.
Sent from Mier May 17, 1884. Received in Mexico on the 18th.
Major Offley, commanding at Fort Ringgold, Rio Grande City, Tex., called at this consulate to-day to make me an official visit, informing me that he had received [Page 393] orders from the Government at Washington to take possession of the island of Morteritos, the supreme Government of the United States considering it as the property and the territory of that country.
The consul,
A copy.
Secretary.
Mexico , May 23, 1884.
I have received your telegram of the 17th instant, referring to the visit that was made to you by the commander of Fort Ringgold, to notify you of the order which he has received from the Government at Washington to take possession of the island of Morteritos. In answer, I inform you that our legation at Washington has already been properly instructed respecting the matter.
I renew to you my highest consideration.
To the Consul of Mexico, at Roma, Tex.
A copy.
Secretary.