The Secretary of State to
the Mexican Ambassador.
Department of State,
Washington, June 27,
1910.
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.,
[Inclosure.]
The Secretary of
State to Mr. Wilbur
Keblinger.
Department of State,
Washington, June 27,
1910.
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.,
