Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II

No. 870.
Mr. Romero to Mr. Bayard.

[Translation.]

Legation of Mexico,
Washington, April 28, 1888. (Received April 30.)

Mr. Secretary: I have the honor to inform you that I submitted to the Government of Mexico your note of the 24th ultimo relative to the passing of cattle across our frontier from one country to the territory of the other and that I have now been authorized, with a view to the avoidance of the difficulties which have hitherto arisen in connection therewith, to submit to the United States Government a draught of an arrangement with respect to the crossing of cattle, which is designed to prevent the occurrence of the principal difficulties connected with the matter in question.

I have consequently prepared the inclosed draught, which is based upon the views expressed in my notes to your Department on this subject, bearing date of March 20, 1886, and March 25, 1887, wherein you will find an explanation of several of its stipulations.

If you think proper to make any additions to, or modifications in, the inclosed draught, I will thank you to communicate to me your views with regard to it, so that if they are acceptable to the Government of Mexico we may reach an understanding on this subject.

Be pleased to accept, etc.,

M. Romero.

[Inclosure.—Translation.]

Draught of an arrangement.

The United States of Mexico and the United States of America desiring to put an end to the difficulties which have arisen in connection with the crossing of cattle from one to the other side of the boundary line between the two countries, and with the provisions of their revenue laws, have agreed upon the following articles:

Article I.

The importation, properly so called, of cattle across the frontier from one country to the other, for the purposes of trade, shall be subject to the laws and regulations now in force, or that may hereafter be adopted by either country on this subject, and it shall consequently take place via such points as either country may have declared open to foreign commerce.

Article II.

The importation of cattle is authorized from one country into the territory of the other, across the frontier, for purposes of trade, via points that have not been declared open to the import trade, and where, consequently, other kinds of merchandise can not now be imported, provided, however, that the owner of the cattle give notice, eight days beforehand, to the custom-house nearest to the place where the cattle are to cross, in the country in which the importation is to take place, for the information of said custom-house and in order that tbe cattle may be entered there.

Article III.

The crossing of cattle is likewise authorized, at any point on the frontier, from one country to the territory of the other, for the purpose of grazing, on the following conditions:

(1) The owner of the cattle shall give notice, eight days beforehand, to the proper custom-house of the country to which they are going to graze, of the number of head of cattle that he intends to drive across, together with their marks and other things that may serve to identify them, and of the time during which they are to graze.

(2) Before the expiration of the time stated in the application for a permit the owner of the cattle shall again address the collector of customs, eight days beforehand, notifying him of the date when he intends to have the cattle driven back to the country whence they came.

(3) The time during which the cattle of one country may graze in the territory of the other shall not exceed six months. If at the expiration of that time the cattle do not return and the requirements of the above conditions are not fulfilled they shall be considered as having been imported for commercial purposes and shall, consequently, be liable to the payment of the regular duties.

Article IV.

When cattle of one country cross to the territory of the other of their own accord, or without the knowledge of their owner, either in search of pasture or as estrays, they shall pay no import duty, provided that the following requirements be fulfilled:

(1) That as soon as the owner of the cattle has knowledge of the fact he repair to the nearest custom-house of the country to whose territory they have crossed and make a declaration of what has taken place.

(2) That he prove his ownership of the said cattle by the marks which they bear, and by such other signs as may serve to identify them.

(3) That no evidence be presented which, in the opinion of the collector of customs, invalidates the aforesaid claim of ownership.

(4) That not more than days have passed since the date of the crossing of the cattle until the date of the presentation to the collector of customs, by the interested party, of the application for return.

(5) When the return of the cattle shall have been ordered by the collector of customs, such return shall take place without payment of any duties whatever.

Article V.

When cattle belonging in one country have been stolen and driven by the thieves to the territory of the other, and subsequently recovered by the proper authorities, they shall be held for return to their lawful owner when he shall appear, in which case no duties shall be payable, and no charges save for the keep of the cattle.

Article VI.

When more than one person shall claim to be the owners of cattle driven across the frontier by thieves, or when the collector of customs shall have reason to doubt whether the person who claims them is the lawful owner, a certificate from a competent magistrate in the place of residence of such claimant shall he considered as evidence of the ownership of the cattle.