No. 871.
Mr. Bayard to Mr. Romero.
Washington, May 18, 1888.
Sir: In reply to your note of the 28th ultimo, which has had the consideration due to the importance of your propositions, I have now to acquaint you of the result of the preliminary examinations, in conjunction with the Department of the Treasury, of the draught arrangement you submitted intended to regulate the reciprocal passage of cattle on the border between the United States and Mexico.
The draught you submit to me substantially enlarges the scope of the measures now pending before Congress with regard to cattle straying from the United States into Mexico and thence returned; but upon examination of its several features, my colleague, the Secretary of the Treasury, perceives no particular objection to any of the articles thereof, excepting, perhaps, Article III, which provides for the temporary importation, free of duty, of cattle from either country into the territory of the other for the purpose of grazing during a permitted period, and perhaps, also, the sixth article, as hereinafter indicated.
As to Article III, it is suggested, as a measure for the better protection of the customs revenues, and therefore one equally commending itself to both parties, that due entry of the cattle so brought into the respective country, for grazing purposes, shall be made at the customhouse nearest to the point of crossing, the cattle to be at the same time examined and appraised by the customs officers, and a bond, with sufficient sureties, to be taken from the owner, for the exportation of the animals within six months from the date of the importation or the payment of duties thereon.
As to Article VI, which relates to cattle that may be stolen or driven across the frontier by thieves, and which prescribes that a certificate from a competent magistrate in the place of residence of such claimant shall be considered as evidence of the ownership of the cattle, when there are conflicting claims of ownership,” it is suggested that it might be amended by presenting that such certificate shall be required in addition to other satisfactory proofs of the identity of the animals and their ownership.
The Secretary of the Treasury is further pleased to comment upon the legislative measures now pending in the Congress of the United States, to which your previous notes on this subject have related, and observes that the information he possesses being to the effect that the Republic of Mexico intends to pass a similar law authorizing the return to that country, under like exemptions, of cattle straying thence into the United States, he is of the opinion that the provisions of the Senate and House bills are reasonable and proper, and that owners of animals [Page 1299] along the frontier which simply stray across the border line should be allowed to have them returned without unreasonable delay or the payment of the duties. He is, however, also of the opinion that, in order to prevent frauds on the revenue, the privileges proposed to be conferred by the bills in question (and inferentially by the legislation proposed to be enacted in Mexico) should only be granted upon the presentation of adequate proofs of ownership and straying, and he accordingly suggests amendment of whatever measures may be adopted to the desired end, so as to require the owner, at the time the animals are returned, to satisfy the customs officers nearest the point where they are returned that the animals are his property; that they were owned by him in the country whence they strayed, and that they strayed or grazed across the boundary line without his knowledge or consent.
I am disposed to concur in the views of my colleague, and if the amendments herein suggested are acceptable to the Mexican Government, but little will remain to be done in the way of reducing the proposed understanding to definite form.*
Accept, etc.,
- A convention to regulate the crossing of the frontier by straying or stolen cattle was signed July 11, 1888, and awaits exchange of ratifications.↩