The Secretary of State to the Mexican Ambassador.

No. 261.]

Excellency: Referring to previous correspondence, particularly to the department’s note No. 208, of March 22, 1910, reviewing the circumstances in connection with the dispute, between the United States and Mexico over the sovereignty of the Chamizal tract, and proposing that the question be submitted to arbitration, I have the honor to inclose herewith a copy of a letter, dated to-day and addressed by the department to Mr. Wilbur Keblinger, American commissioner on the Commission for the Study of the Equitable Distribution of the Waters of the Rio Grande and Colorado Rivers, designating him as the officer to pass on the question of the existence of prima facie Mexican title and of the fact of actual possession under such title on March 15, 1910, in cases where legal proceedings looking toward ejectment are threatened or undertaken.

Accept, etc.,

P. C. Knox.
[Inclosure.]

The Secretary of State to Mr. Wilbur Keblinger.

Sir: The department incloses herewith a copy of its note No. 208, of March 22, 1910, to the ambassador of Mexico at this Capital, reviewing the circumstances in connection with the dispute between the United States and Mexico over the sovereignty of the Chamizal tract and proposing that the question be submitted to arbitration. Your attention is particularly called to that passage in the note in which the department says:

The department proposes to appoint an officer who shall be authorized to pass upon the question of the existence of prima facie Mexican title and of the fact of actual possession under such title on March 15, 1910, and to report to the department the cases wherein ejectment should be prevented by virtue of international comity, whereupon the necessary action will be taken by the appropriate officers of the Department of Justice as has been done in the past.

The department takes pleasure in designating you as the officer in question, and you are accordingly authorized, in case you are so requested either by the Mexican commissioner of the International Boundary Commission or by any person or persons in the Chamizal tract against whom legal proceedings looking toward ejectment are threatened or undertaken, to pass upon the questions as to whether or not such persons are claiming under prima facie Mexican title, and whether or not “they or their predecessors in interest were in actual occupation of the lands so claimed on March 15, 1910.” In case you find, first, that any claimant claims under prima facie Mexican title, and, second, that such person or his predecessors in interest were in actual possession of the land so claimed on March 15, 1910, you will report your findings in full to the department, together with such an abstract of the evidence in the case as you may deem necessary to the end that the department may request the appropriate action through the Department of Justice. In case immediate ejectment proceedings are threatened so that there is no time for reference of the matter to the department, you will act upon your own responsibility, and if you deem that the nature of the case so requires you will request the United States district attorney or his local assistant to take such [Page 723] action as may be deemed appropriate. In cases of importance or doubt where there is no time for a written report to the department, you will consult the department by telegraph when practicable.

The department feels that your familiarity with the matters in controversy and with the local conditions at El Paso should enable you to exercise proper discretion in the handling of the various cases which may arise, and that you will always bear in mind the desirability of maintaining amicable relations between the citizens of the United States and Mexico pending the final arbitration of the Chamizal controversy under the proposed convention between the United States and Mexico.

I am, etc.,

P. C. Knox.